Tag Archives: Letting Agents

24Feb 2012

Duty of Care liabilities incurred when instructing a contractor

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By Mike Edwards

Late last year a letting agent was hit with £4,000 of fines and costs after a self-employed handyman was exposed to asbestos while carrying out work on a client’s property. The case highlighted health and safety legislation responsibilities for agents and indeed Landlords instructing self-employed contractors, in particular preparing risk assessments of properties and checking the competence of those who carry out maintenance jobs. All too often the concern is that the contractor is qualified and won’t blow up the property – but there is a Duty of Care at Common Law on those instructing contractors in terms of their safety.       
 

This would apply to obvious issues like asbestos and other suspect materials, but could also involve working at heights or even, as in a case only last month, safety  and appropriate equipment for working across car port and conservatory etc rooves. An elderly handyman fell through a carport roof and the agent was prosecuted by H&S Executive and were fined £76,000 because the incident involved a fatality.              

In last year’s case the handyman, who does not wish to be named, regularly carried out work on properties managed by agents in Cardiff.  In October 2011, the handyman was sent to a domestic property to fix a leaking porch roof. 
As he was removing a sheet of material from the underside panel of the damaged roof, he realised the insulation board contained asbestos. The sheet was broken during removal and the surrounding area was contaminated with asbestos debris. The Health and Safety Executive, prosecuting, told the Magistrates’ Court the removal of the panel and the sweeping up and bagging of the debris would have resulted in a significant release of asbestos fibres into the air. The handyman wore two dust masks while removing the board, but did not undergo any decontamination procedures and was not wearing a protective, disposable suit. The court heard the fibres could have contaminated his hair, skin and clothing and may also have been inhaled.        
 
The HSE investigation found the handyman had not been given any indication that asbestos was present in the property. Nor had he attended, as all contractors would be well advised to, a regionally based asbestos awareness training day. No risk assessment was carried out, and the agents were unable to demonstrate they had made any attempt to ensure he was competent to identify or work with asbestos. A licensed asbestos contractor was later called in to decontaminate the area. Meanwhile the agent  was found guilty of breaching Section 3(1) of the Health and Safety at Work Act 1974 and fined £1,500 with £2,500 costs.

 
HSE said: “There are specific rules and laws regarding hazardous substances like asbestos. If we do not enforce these laws, people’s health can be put at serious risk. Asbestos is a known carcinogen and should be treated with extreme caution. “Those in charge of maintenance and repair of buildings must ensure work is carried out by competent tradesmen, and that consideration is given to the presence of hazards such as asbestos.”

Agents should be aware of these risks, and act accordingly. You don’t need to be a building surveyor to understand that asbestos was widely used in old properties, and that it is extremely hazardous if disturbed. If you’re taking on a property that potentially has asbestos in the construction then you should carry out a risk assessment either when listing it, or at least prior to any work being carried out on it. Making yourself aware of the legislation and risks involved surrounding asbestos is a small price to pay for the sake of a contractor’s life.

17Jan 2012

Property Landlord advice: Self Management leaves Agents unprotected.

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By Steve Roulstone

We have had an interesting experience this week, where a property which was fully managed, has changed to self Management where we only provide the Tenant. The issue here was that the Landlord, having visited the Tenant, was left with the feeling that we had failed to protect them when under full management and had given poor service to the new Tenants because we were no longer instructed to manage.

Tenants advised the Landlord.

The main issue is relating to what the Landlord had been told by the Tenant, which left the Landlord needing confirmation that we had looked after them, no matter what service we were offering. Without repeating the details in full, suffice to say, that by confirming our normal processes, which included signatures confirming the receipt of information and the ability to prove timings through photographic evidence taken at the check in, the Landlord was left understanding that we had done the right thing and carried out our role professionally. The interesting point for me, is that had there not had been other issues, the Landlord may not have had cause to contact us at all and the only result may have been our dis-instruction, without even knowing why!

The bigger picture.

The reason for us being able to prove our case surrounded what had happened with the previous Tenant, as an extension had been built, without the Landlords knowledge at the next door property. The reason the Landlord phoned and mentioned the suggested lack of service to the new Tenants, was to see how this had happened without their knowledge. The answer was really straight forward, the past Tenants had failed to forward mail that was intended for the owners advising them of the neighbours plans and therefore failed to give the Landlord the opportunity to have their feelings taken in too account.

All points covered.

We were able to prove that our agreement included a clause confirming that the Tenant was supposed to forward all mail intended for the Landlord, especially that of an important nature and this is what they failed to do. We were also able to confirm that the agreement banned Tenants from interfering with the supply of services to the property, which was another issue that had been raised. The result of this event, confirms just how important it is to have an agreement whose basis is centred around the protection of the Landlord (and in our case is based upon 30 years of experience) and that ’of the shelf’ agreements have their rightful place – on the shelf!

Consequences.

The serious side is that because of adhering to processes, we were able to confirm our service had been proper and correct and that the Landlord, who of course had gone to self management because there had been no problems over the previous seven years, had received the services that had been paid for. In doing so we were also able to demonstrate that the agreement we use is there to protect the Landlord and clauses do have a purpose.  The Landlord left with the knowledge that they could pursue the previous Tenant for actions that had left them disadvantaged, but this time, because of self Management, the letter would have to be written by themselves, rather than by us!

27Dec 2011

Current property News: Longhold tenancies and Licensing getting closer.

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By Mike Edwards

Last week, both mayoral candidates, Ken Livingstone and the incumbent Boris Johnson, stirred up the debate on the private rented sector. Livingstone will set up a non-profit lettings agency, covering the whole of London, if elected, and would impose a rent cap of no more than one-third of the tenant’s wage. In polite terms these proposals have generally been received as coming from another planet, and totally unworkable and in fact a retrograde step. Boris Johnson on the other hand, so often considered lightweight and with his own zany comments and ideas, has confirmed his own plans to accredit private landlords and the publication of a rents map to give tenants information about rents in their area.  These proposals have been received much more warmly. 

Longer tenancies, accreditation of landlords, and incentives for landlords to use accredited agents are among new proposals being made by the London Assembly.  In its report, ‘Bleak House – Improving London’s Private Rented Housing’, it  is also calling for landlords to be given tax incentives to improve their housing stock, thought to amount to some 850,000 homes across the capital and which are lived in by one in four London households. The report, from the all-party housing and planning committee, says that a surprisingly high one-third of the properties are below standard, and estimates that one in three private landlords is a ‘rogue’ operator. This problem has always been exacerbated inside the M25 and especially in London itself by the increased numbers of Landlords who manage property themselves instead of using a regulated agent. Several years ago ARLA estimated that 40% of property within the M25 is not let through managing agents. Hence tenants also suffer, as many of the subsequent problems stay below the radar. Indeed so severe is the problem that the Assembly estimates over £1bn is needed as investment into the sector.

The report calls for the Mayor of London to develop a kitemark or accreditation ‘badge’ which sets out minimum standards of private rental housing, together with a publicity campaign to raise awareness of the scheme among tenants. It suggests that there should be standards in the private rented sector that are similar to the decent homes standard for social housing. Naturally and logically the report then urges councils to only place tenants in properties belonging to landlords who meet the standards. It also calls for agents to ensure that the properties they deal with also come up to the standards. Acknowledging that rogue landlords will never be swayed by any amount of incentives or encouragement, the report calls for the Mayor to consider greater use of selective licensing. Licensing requirements could be relaxed, it suggests, where the properties are managed by an accredited agent.      

But it is the call for longer tenancies which, if adopted, could have the greatest impact on the industry, with Assured Shorthold Tenancies a strong focus of the report. It criticises ASTs as not offering tenants sufficient security, with landlords having the right to give tenants two months’ notice to quit after four months, without needing to give a reason. The ‘Assured Longhold Tenancy’ has long been under consideration by The Law Commission and one wonders where they are while all this comment is being made on a subject they were specifically asked to look into. It says families, particularly those with school-age children, need longer security of tenure and it calls on the Mayor to lobby the Government for changes, including giving tenants protection from ‘retaliatory eviction’, possibly via the Localism Act.

The report says £400m is paid to private landlords in London annually by local authorities using the sector to house homeless people. In fact in many ways, London’s private rented sector can be regarded as a success story. The problem lies in the fact that private rented housing is increasingly acting as social housing, but without any of the standards and security. One thing is certain in these uncertain times, and that is families need certainty about where they will be living so that they can settle their children in schools and forge community links.  The London Assembly considers that in exchange for the hundreds of millions of pounds of public money they are receiving, private landlords must be compelled to provide certainty in the form of longer tenancies. They could have a point.

09Dec 2011

Current Property News: Resolution Foundation Renting in the dark leaves GOOD Agents crying for the law!

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By Steve Roulstone

I have now listened and watched the reporting of the new report from the Resolution Foundation about the rental market and have to object once again to the broad brush approach of in this case both the BBC on Radio 4’s ‘You and Yours’ programme and the ITV ‘Daybreak’ news report both from Thursday’s editions. Only this time, because any professional Agent would agree with the main push of the report, that regulation of our Industry is needed, yet again, to many generalisations were made about the problems of heavy Tenant charges being widespread across the whole Industry.

Proper processes.

Firstly, the Lady from the Resolution Foundation complained to Ian Potter (who once again represented ARLA members very well) by saying that very few Agents carry their charges on the Web, well no surprise there, because most Tenants would not understand what the charges were for and whether they apply to them and when, because we cover so many different scenarios, but what we do (Castle Estates) is list all possible charges on a document which we ask Tenants to sign after explaining what charges would apply to them in their individual circumstances. By ensuring they have read and understood them before we ask for a signature, we ensure we comply with ARLA recommendations.

Other issues

There are of course many issues raised by the actual report, but this is not the media to address them individually, but suffice to say, the rent levels quoted raise serious questions as to where the survey was carried out, they totally ignore the Law of Agency and our role (in law) on behalf of the Landlord, that local Government schemes introduce a third party to argue about costs and would further delay the deposit returning process, because actual cash is not involved, the amount required to move cannot include the actual rent, because if a Tenant cannot afford the rent, we cannot accept the Tenant (common sense for me!) and many more, but to get back to the media reporting:

Not all the same!

The second screamingly obvious point that struck me, was there was no clarification of whether the ‘Letting Agents’ contacted or referred to, where Estate Agents who offer a Lettings service ( because as I have stated so many times they can no longer afford to ignore our market having grown so significantly during the house price drop) or stand alone Letting Agents and I think this is a clarification which needs to be addressed, because the only true judge of our industry is to look at Letting Agents alone. The rate at which Estate Agents have turned to the rental market clearly dictates that the level of service for both Landlords and Tenants will have dropped. By judging the performance of both side by side, professional Letting Agents and ARLA members especially, will I am sure shine!

Government now damaging the whole!

Another implication for me is the harm that is done to all Letting Agents by such news reporting, which, whilst I do not question the content, is done in the normal dramatis style (especially by ITV) so as to catch the viewers attention.  The issue being because the Government continually states that it does not have the stomach to address the legislation required to regulate the industry, when publications and comments from respected bodies are released in this way, the whole industry suffers from the subsequent fallout and bad press.

PLEASE regulate our Industry.

If only the necessary regulations and licensing were introduced, bad practises from Agents, overcharging from Agents (which from my own experience is normally the realm of the Estate Agent who are used to generating large fees) and rouge Landlords who rent property in poor conditions would ALL be addressed. Once again you get the same tune from me – it is a pity the Government cannot change their tune!

Professional representation.

 Ian potter (ARLA secretary) quite rightly said that we were nearly their under the last administration and this one has stated there are more important matters to address. Well for me as each report and complaint is made and heard our case grows stronger because every report always requires the same solution and as we approach 20% of the UK housing stock under the banner of the private rental sector, the only remaining question is how long before it becomes important enough for the Government to take the right action.

 

02Dec 2011

Current Property News: TDP Changes in Localism Bill for next year.

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By Mike Edwards

From next year, agents and landlords will have 30 days in which to protect a tenant’s deposit, rather than the current 14.The change is part of ‘tweaks’ made to tenancy deposit protection in the new Localism Act 2011. These were made following court cases over the rights of a tenant to sue for a breach of the deposit protection legislation or when deposit money was not protected within 14 days, but by the time of a court hearing.   
 
The revised legislation also does away with mandatory penalties of three times the deposit if the deposit is not correctly registered and the ‘prescribed information’ not properly given.  Instead, courts will be allowed to use their discretion to hand out penalties worth between one and three times the value of an unprotected deposit. The current legislation has had a number of challenges within the courts, which have issued varying rulings – some in favour of tenants and others in favour of landlords.              

The Housing Minister Grant Shapps managed to find the parliamentary time to get these amendments to the legislation through deemed necessary because recent Court decisions were causing confusion about tenancy deposit protection regulations. Some of these decisions drove a cart and horses through the provisions especially in respect of the three month mandatory fine provisions and effectively made the provisions toothless and ineffective as a Landlord could delay protecting the deposit right up until the moment the tenant instituted Court proceedings.

However these amendments make it very clear that tenancy deposit protection is here to stay. Full details of the changes are available in new guidance notes issued by the Tenancy Deposit Scheme which can be seen on this link.  Commencement Order has yet to be published and the start date for these new rules is not yet known, but it will probably be April 2012 at the latest and possibly much sooner.

21Nov 2011

Current Property News: A housing strategy for England. But is it for the rental Industry?

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By Steve Roulstone

Today the Government have released their Housing Strategy for England, which is designed to give a kick start to housing sales across the UK, which most would agree is something that is badly needed and a view point that I totally agree with and have commented so in these pages on many occasions over the last eighteen months. But Housing Sales are not the only consideration nowadays and for once the Government have acknowledged this, with a section and strategy purely designed to encourage Landlords to start buying more property for the rental market.

Rounding a square peg.

I recognise that one problem the Government had to address was how to encourage growth in an area that had come under such criticism (Profit from rising property prices) for the perceived effect profit on Property values had had on the current financial situation and current property price de-valuation. What I did not expect but can perfectly understand is the decision to encourage growth through Business organisations rather than individuals. This very comfortably  delivers possibility of growth, which according to conversations I have recently had with Management at one of the larger National Property houses, whose clients include the organisations targeted by this policy, who are actively buying property in numbers at the moment, will be well received.

Using Council powers.

What I still cannot understand and accept, is that Local Government will be the answer to what is described as the ‘rouge Landlords’ who still flaunt such legislation as the Tenants Deposit Scheme and Houses of Multiple Occupation standards or as mentioned, the Decent Housing standards, for certainly where we are based in the Midlands, all Councils that I have come in too contact with have confirmed that they do not have either the man power or time (ability) to pursue Landlords and therefore deliver a local deterrent.

Working with the Industry.

It is very encouraging to see a whole section giving information about what the Industry can deliver and I am sure the ringing endorsement of the ‘Safe Agent scheme’ has been well received by the Industry in general, but I cannot make comment about this situation without pointing out that if the Government really wanted to get rid of rouge Landlords at the same time as increasing standards, then the Industry is here with open arms! Surely the fact behind the figures quoted that more property in the rented sector is of better quality than in the hands of owner occupiers says it all. I know that all of the properties in our Management would pass with flying colours, because we would not manage property that failed these standards.

Where does the problem lie?

I am also well aware that the figures state that some of the worst quality housing is in the private rental sector as well. Now with the information that we do not manage them and with the firm belief that neither do other professional Letting Agencies, it does not take such a massive leap of imagination to realise where these properties do actually lie! So what is the answer? Simple, involve us in managing or looking at these properties, so that all Landlords have to be connected with some professional licensed Agent. There are further issues raised for the rental sector by this statement especially surrounding Green policies, which I will address through these pages later this week.

01Nov 2011

Tenant advice: Correct procedure for end of Tenancy.

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By Steve Roulstone

One area that can constantly present problems to both Agent and Tenant (and subsequently Landlord) alike, concerns works needed after a Tenancy has ended, when the Tenant looks to re-visit the property to carry out garden maintenance, cleaning or removal of rubbish left. This is of course further complicated by the regulations surrounding the Tenants Deposit Scheme but for the purposes of this explanation, I will ignore TDS otherwise as a Blog this could become a Novel!

Correct procedure.

Of course what we have to work by is the legal requirements and therefore the legal manner in which Tenancies are considered. To explain, this means that the day of the check-out (for all Tenancies should be marked by an official visit to the property by the Landlord or Agent, otherwise no record can be made of state and condition) when keys are handed over and the last day that rent is actually paid for the property, the Tenancy comes to an end. The problem this presents is when the Tenant looks to re-visit to address issues as described above, because they can only do so with the Landlords permission!

Time to address the issues.

 It is the expectation and stance of many Tenants that can cause trouble here because if works are left to be done, such as cleaning or removal of rubbish, then it is perfectly reasonable for the Landlord or Agent to want to charge for the work to be completed, because the Tenant no longer has a legal right to access the property and of course the Landlord or Agent may be moving a new Tenant in as soon as the following day.

Not by right.

The main cause of any upset in my experience is the reaction from the outgoing Tenant to having access denied and the fear of charges that will arise from the work not being carried out in time. As I have stated, I am not going to bring TDS in too this scenario, so what we are talking about here are principals and the word of law. Therefore, any upset is because Landlords and Agents use the law as the basis of decisions made and subsequently it is the Law that the Tenant is questioning. Of course, the Law in such instances when applied correctly cannot be questioned and because Landlords and Agents know they are on sound footing very rarely does the Tenant receive any lee way, but even when it is granted, there can still be bad feeling, even though such access is purely at the Landlords grace.    

How to avoid problems.

Well of course there is no guarantee, because with people being people, there will always be some Tenants who do not wish to comply with the requirements of the agreement, but my advice to any Tenant is to understand what you are required to do at an early stage, then (and this is the important bit) when your Landlord or Agent confirms the end of Tenancy procedure and implications of the check out date (done properly this can avoid problems) it will not come as such a surprise. But rest assured, should you ignore the detail and expect to walk away with works remaining,  Agents will on behalf of their Landlords, pursue the Tenant for recompense, through and within the TDS legislation.

14Oct 2011

Current Property News: Rental services being stretched during difficult times.

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By Steve Roulstone

At our office in Stafford, we are seeing many Landlords reviewing what they pay for our rental services, this is to be expected when everybody has to look at their expenditure very closely and where possible make savings. We have seen whole families change from a Fully Managed service to Tenant Find only and we hope that what they have witnessed over the last seven years whilst we have managed property on their behalf, will stand them in good stead, and of course should they need professional help then we will be available to assist wherever possible.

Review prices.

What we have done to assure our Landlords that they are getting good value for money is to look at what we charge for all of our services, by breaking down the different facets of what makes a Fully Managed service and price them individually.

Comprehensive cover.

 This of course makes quite a list, from Initially finding a Tenant through checking them in to the property, dealing with maintenance issues, visiting the property on a regular basis, collecting rent and paying via statement and of course chasing and pursuing arrears, as well as finally checking Tenants out of the property, which leads to where we normally started, with a review of the home and advice pre renting again.

Value for money.

Of course when you look at the charges broken down in this manner, then the overall average charge to a Landlord under Full Management no longer looks out of place, and at times we need to be aware of what saving a Landlord would make set against paying individually. Not that I believe Landlords are wrong to review what they pay, far from it, this is what  they should do as would I for regular occurring expenses, especially under the current financial restraints that everybody is feeling.

Review services.

What we should be able to do as Agents is be aware of the possible financial restraints our customers are going through and be ready to assist the process, which means we need to review every section of our service and ensure we can offer each separate part in a professional and cost effective manner. Because even though Landlords may wish to make savings, there are still bound to be parts of what we do that would make better sense and that Landlords would still prefer to be dealt with by others, just look at Property Visits, or of course Rent collection and arrears chasing. There is no doubt in my mind that just like any other organization in these difficult times, we need to be ahead of the game on our Landlord’s behalf, as the financial situation is not going to change (as my Father would say) ‘just yet a while!’

11Oct 2011

Property Landlord advice: SAFEagent (3): At last friends in high places!!

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By Mike Edwards

The final stage in the initial creation of the SAFEagent scheme which soon launches to the public, will see it do so with a major endorsement from housing minister Grant Shapps. The endorsement includes displaying the kitemark on the CLG website, whilst Shapps has congratulated the industry for taking matters into its own hands and urged agents not signed up to the SAFEagent scheme to do so immediately. He announced the Government’s official support for the industry-led campaign at the same time as launching new factsheets for landlords and tenants. In them, both tenants and landlords are specifically advised that they should seek out a SAFEagent member. Shapps emphasised that he is supporting initiatives such as SAFEagent in preference to regulating the private rented sector. He has, however, has taken no convincing regarding the merits of the SAFEagent scheme. He said it was aimed at addressing a key area of concern for both tenants and landlords when it came to letting agents – making sure their money is safe. 

Shapps said: “The private rented sector provides a valuable source of accommodation for over three million people in England, and the vast majority of them are happy with the service they receive. “That’s why I have promised not to wrap the sector in red tape, but instead to work with the industry to help them develop their own plans to tackle those bad landlords, and with councils to throw the book at those who don’t live up to their responsibilities.” He added that with SAFEagent he was “delighted the lettings industry has taken matters into its own hands, and is launching a quality standard that will ensure that landlords and tenants know what to expect from their members.  These improvements could never be achieved by adding layers of pointless Government regulations.”      

He went on: “This is exactly the sort of measure the private rented sector needs – simple and sensible changes that are driven by industry and designed to deliver results.” The SAFEagent scheme has been mentioned in the House of Lords as an example of the kind of voluntary initiative the Government wants to see in raising standards. But mandatory regulation of the private rented sector was not ruled out. It happened during a debate on an amendment to the Localism Bill aiming to insert a new clause into the Bill that would enable the statutory regulation of private letting agents to be introduced at some point. The amendment was also supported by the British Property Property Federation, Residential Landlords Association and housing charities.           

Responding at the end of a lengthy debate, Lord Taylor of Holbeach, a Conservative peer and House of Lords whip, said: “I am delighted that the Government have been able to endorse the Safe Agent Fully Endorsed scheme – SAFE – recently launched by the industry which highlights a key risk around clients’ money. He went on: “I have considerable sympathy with those who have been caught out by bad practice, but we do not think that regulation now is the right answer.” September has been a good month for SAFEagent as apart from Government endorsement and passing 1200 agent registrations CFP Software, part of Guardian Media Group, is the latest industry supplier to offer its support to SAFEagent.  CFPwinMan is the most widely used lettings and property management software package across the UK and is installed in over 3,000 businesses, with tens of thousands of users. It is the first, and currently remains the only, property management software to be accredited by the ICAEW.

07Oct 2011

Property Landlord advice: SAFEagent(2): A story of continued growth

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By Mike Edwards

Registration for the new SAFEagent scheme has consistently outperformed projections and expectations.

In June, the first full month of receiving registrations, over 500 agents signed up, keen to differentiate themselves by promoting  a simple kite mark for the consumer to recognise letting firms that protect landlords’ and tenants’ money through Client Money Protection schemes. By the end of June the figure had risen to 750 and the 1000 members mark was passed in July. Only agents covered by a CMP scheme can join SAFEagent, making it a fairly exclusive club. As commented on in our last item on this subject the premiums for CMP are way beyond an individual agent and it is only by being part of a group policy that an agent can obtain the cover.               

The initiative, which will be promoted to consumers by the end of 2011 following the initial push to agents, has received widespread support, including from The Property Ombudsman (TPO) and Trading Standards Institute (TPI) and more recently Shelter. Shelter is very supportive of the SAFEagent scheme claiming their research has found that one million private renters have been the victim of scams and they welcome any initiative that helps tenants to make safe choices when they are looking for private rented accommodation thus avoiding avoid unscrupulous letting agents and landlords. They would also like to see letting agents doing more to ensure tenants are well informed when they look for a private let, assuring tenants that their deposit will be protected, providing written tenancy agreements and carrying out inventories. A professional and properly run lettings agency would do this of course, and much more, including having transparent fees schedules which can also help tenants to size up the additional costs of renting a home. Such processes and procedures can help to avoid problems later on that can lead to tenancy breakdown and problems for Landlords and tenants alike – not to mention their agents!!         .

SAFEagent marks a huge leap forward in the effort to eliminate the potential threat posed to consumers by uninsured agents, who are able to operate in the private rented sector without Government intervention though SAFEagent has always hoped to obtain Government recognition for the new mark. Whilst NALS, the Property Ombudsman, Council of Mortgage Lenders and Residential Landlords Association have been quick to back the SAFE initiative, both the RICS and ARLA have been notably tepid in their reactions.
Meanwhile August saw The National Union of Students, Which? and Citizens Advice Bureau placing their enthusiastic endorsements alongside backers which already included the likes of Shelter, The Property Ombudsman and the Council of Mortgage Lenders, Trading Standards and The Residential Landlords Association.             

With the private rented sector continuing to grow so quickly and with more and more people relying on the rented accommodation, it is vital to have mechanisms like SAFEagent in place to make lettings a safe and professional sector, and ensure that tenants are not left out of pocket. CAB of course has a long history of seeking to protect the interests of tenants in the private rented sector, who are often among those who can least afford to lose money to the unscrupulous and clearly will see the SAFEagent scheme as helping to steer tenants towards reputable letting agents who are properly insured. The UK’s largest supplier of referencing to the lettings industry, HomeLet, became the first UK supplier to align itself to the SAFEagent campaign promising to raise awareness of the SAFEagent mark among its clients and encourage them to get registered.             

The message ultimately to consumers looks a simple one: be safe choose a SAFEagent when you rent or let 

Registration for the new SAFEagent scheme has consistently outperformed projections and expectations.

In June, the first full month of receiving registrations, over 500 agents signed up, keen to differentiate themselves by promoting  a simple kite mark for the consumer to recognise letting firms that protect landlords’ and tenants’ money through Client Money Protection schemes. By the end of June the figure had risen to 750 and the 1000 members mark was passed in July. Only agents covered by a CMP scheme can join SAFEagent, making it a fairly exclusive club. As commented on in our last item on this subject the premiums for CMP are way beyond an individual agent and it is only by being part of a group policy that an agent can obtain the cover.               

The initiative, which will be promoted to consumers by the end of 2011 following the initial push to agents, has received widespread support, including from The Property Ombudsman (TPO) and Trading Standards Institute (TPI) and more recently Shelter. Shelter is very supportive of the SAFEagent scheme claiming their research has found that one million private renters have been the victim of scams and they welcome any initiative that helps tenants to make safe choices when they are looking for private rented accommodation thus avoiding avoid unscrupulous letting agents and landlords. They would also like to see letting agents doing more to ensure tenants are well informed when they look for a private let, assuring tenants that their deposit will be protected, providing written tenancy agreements and carrying out inventories. A professional and properly run lettings agency would do this of course, and much more, including having transparent fees schedules which can also help tenants to size up the additional costs of renting a home. Such processes and procedures can help to avoid problems later on that can lead to tenancy breakdown and problems for Landlords and tenants alike – not to mention their agents!!         .

SAFEagent marks a huge leap forward in the effort to eliminate the potential threat posed to consumers by uninsured agents, who are able to operate in the private rented sector without Government intervention though SAFEagent has always hoped to obtain Government recognition for the new mark. Whilst NALS, the Property Ombudsman, Council of Mortgage Lenders and Residential Landlords Association have been quick to back the SAFE initiative, both the RICS and ARLA have been notably tepid in their reactions.
Meanwhile August saw The National Union of Students, Which? and Citizens Advice Bureau placing their enthusiastic endorsements alongside backers which already included the likes of Shelter, The Property Ombudsman and the Council of Mortgage Lenders, Trading Standards and The Residential Landlords Association.             

With the private rented sector continuing to grow so quickly and with more and more people relying on the rented accommodation, it is vital to have mechanisms like SAFEagent in place to make lettings a safe and professional sector, and ensure that tenants are not left out of pocket. CAB of course has a long history of seeking to protect the interests of tenants in the private rented sector, who are often among those who can least afford to lose money to the unscrupulous and clearly will see the SAFEagent scheme as helping to steer tenants towards reputable letting agents who are properly insured. The UK’s largest supplier of referencing to the lettings industry, HomeLet, became the first UK supplier to align itself to the SAFEagent campaign promising to raise awareness of the SAFEagent mark among its clients and encourage them to get registered.             

The message ultimately to consumers looks a simple one: be safe choose a SAFEagent when you rent or let.