Do I require a HIP if I conduct informal or one-off viewings via my estate agent?

The 2004 Housing Act states that a property is put on the market when the fact that it is available for sale is made public. A fact is made public 'when it is advertised or otherwise communicated (in whatever form and by whatever means) to the public or to a section of the public'. Communication of availability for sale by word of mouth or other medium is therefore caught by the HIP legislation, and counts as marketing.  A HIP would therefore be required.

Private sales that do not involve marketing to a 'section of the public' are not caught by the HIP legislation. However the Housing Act 2004 provides that where someone acting as an estate agent introduces a seller to a buyer as part of a business, that is treated as a 'qualifying action' which triggers the HIP duties.

A  HIP is required where an estate agent, arranges ‘informal or one-off viewings’ of a property that is available for sale, or communicates this availability by any means to anyone as part of an attempt to sell it.

If you are unsure as to whether you require a HIP please call our HIP team.