The act actually reads:
“publish another advert with a higher advertised price for the same letting”
“inviting, encouraging or accepting any offer of rent which exceeds the proposed rent in the advertisement or offer for that proposed letting.”
“Must not publish a price range for the property”
He could request proof from openrent to confirm that the price increase was there before viewing occured.
There are also price monitoring tools IE PaTMa, which may help.
Even if @Varun4 could do that it doesnt prove what the tenant saw tho does it? Tenant can plausibly say they didnt see new advert before viewing. You see a price advertised you go to the viewing. Even if you reload the ad unless you refresh on your browser you may well see old version. Would you want to be a test case on this?
@Varun4 has already agreed to return the amount anyway.
Best
I wasn’t being clear sorry …I meant when it comes to being fined, I am simply suggesting how he could prove it was updated in advance, not whether or not it would be sufficient for a judge.
He could still face potential fine as you say…regardless of refund