Has the time come for the compulsory regulation of Letting Agents?
The recently published 2012 Property Ombudsman report has re-raised the issue of introducing the
compulsory regulation of Letting Agents. Christopher Hamer, the Property Ombudsman points out
that only 60% of Letting Agents are registered with his organisation leaving a significant percentage
of Letting Agencies unable to offer their customers even the most basic form of redress should
something go wrong.
As the owner of a Letting Agency myself I understand the costs in terms of both time and money
in subscribing and adhering to the codes of conduct that come with membership of ARLA, Safe
Agent and the Property Ombudsman. Our membership of ARLA in particular means that we have
to hold client money protection insurance, have our clients account audited each year, undertake a
minimum of 12 hours professional development per year and adhere to their code of conduct. This
ensures that our customer’s money is safe, that they are dealing with qualified professionals and
have someone independent they can complain to in the event of a problem.
The growth in the Lettings Market means there are now many more tenants reliant on it and it is
estimated that Letting Agents handle around £14 billion of their client’s money each year. In the
context of this it is difficult to disagree with the Ombudsman’s call for legislation to ensure the
compulsory regulation of Letting Agents.
It is always frustrating for those of us who work hard to do a good job for our clients to see the
stories about the rogue agents who flout the rules and misuse customers money. This reflects badly
on all of us and means that the Industry is often seen by many people in a negative light. Introducing
licensing of all Letting Agencies would clean up the Industry and go a long way to helping to ensure
that Landlords and Tenants alike receive a professional and fair service.
In the current climate it looks unlikely that these calls will be answered in the near future as the
Government have not shown any interest in taking this forward. With the continued growth of the
Lettings market, and the frequent stories of Agency miss-practice, it can only be a matter of time
before some compulsory regulation is introduced. In the meantime professional companies in the
industry will need to do all they can to keep selling the benefits to Landlords of using a regulated
Agent.
Andrew Sanderson MARLA,MNAEA
www.sandersonestates.co.uk
See Property Hawks views on the regulation of Letting Agents.