FREE tenancy agreement
FREE landlord softwareThe 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.
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TPO backs Client Money Protection (CMP) and calls for more landlords to seek the greatest protection rather than the cheapest fee when choosing a letting agent
Fresh calls for letting agents to offer CMP have been backed by the Property Ombudsman (TPO) in the wake of several high-profile cases where landlords have lost thousands of pounds in rental income by dealing with an agent that did not have sufficient cover to protect consumers from rental fraud.
TPO’s support for CMP comes almost a year since the cover became available to the whole of the lettings industry through trade bodies and insurance brokers.
TPO provides a free, fair and impartial dispute resolution service for consumers. The scheme operates a one-off membership fee for agents and does not charge any case fees to ensure every registered agent is able to refer complaints to the Ombudsman if they cannot reach a resolution with the consumer directly. With more than 11,000 lettings agents already voluntarily following TPO’s unique Code of Practice, the scheme represents more than 60% of the industry.
Gerry Fitzjohn, Chief COO of TPO said: “As the UK’s largest property redress scheme, it’s truly upsetting to hear of cases where landlords have lost thousands of pounds in rent paid to an agent that has been used unlawfully and cannot be recovered because the agent did not have CMP cover in place.
“Rather than choose to use an agent that charges the lowest fee, landlords must ask if the agent has a CMP policy in place to protect their rental income.
Within the industry, thousands of agents are already CMP protected but there are still a number of firms that are unaware of the scale of protection it offers. A TPO survey even revealed that some agents wrongly thought CMP duplicated the deposit protection schemes when that simply isn’t the case.
With more people renting now than ever before, landlords and agents need to understand that CMP provides the guaranteed assurance that the rent collected by CMP protected agents is covered against fraud and unlawful use.
TPO wholeheartedly supports CMP cover – the more the industry speaks out about this issue to raise awareness the better.
More than £23 billion is paid annually in rent, of which £6 - £10 billion is collected by agents on behalf of landlords . With 80% of TPO’s letting agents understood to have CMP cover through their trade body or an independent insurance broker, landlords are being urged to ask their letting agent if has CMP cover to protect the landlord’s rental income.
Susie Crolla, CEO of the Guild of Letting & Management, extended her support by saying: “I feel it is important that we demonstrate best practice in everything that we do; even when there is as yet no legal requirement for us to do so. From 1 October 2014, therefore, being registered with TPO and having CMP cover will become a mandatory condition of membership for The Guild Subscription.
While many members of The Guild are already registered and covered, this decision is an important step akin to an ‘outward sign of inward grace’. It sends a message to our stakeholders that we are serious about adopting the highest standards of professionalism and integrity as an organisation that is progressive and can be trusted.”
Oliver Wharmby of Lonsdale Insurance Brokers Ltd, which operates the PI + CMP scheme, said: “Recent press headlines have really hit home how rental fraud can affect agents of all sizes. Smaller firms may initially question the cost of CMP cover but all it takes is one rogue employee and innocent directors can find themselves in awful trouble with their landlords and the police.
Consumer education is key – agents must use their CMP cover as a point of difference over competitors. We’re hearing that more landlords are starting to ask the right questions which is driving more agents to seek cover. However, it’s only when every landlord insists their agent offers them CMP protection that we will see a level-playing field where CMP is offered by all.
Our PI + CMP scheme is offered exclusively to agents registered with TPO and lets consumers know the agent has comprehensive Professional Indemnity Insurance and CMP.”
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