Author Archives: Steve Roulstone Marla

08Jun 2011

Property Landlord advice: Length of Tenancy under BBC scrutiny.

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By Steve Roulstone

On Saturday morning I sat eating my Toast and Marmalade and was told during a report on the BBC 24 Hour News channel, that agreements for Tenants are six months long and that any Tenant who was in a property for longer than two years effectively became a squatter and could not be moved out! Well after I recovered from what I thought had been a tremendous shift in the legislation being introduced by the forthcoming Localism Bill I realised once again that here was my Industry being discussed on a National prime time News programme and once again the information being presented was at the very least misinformed if not just plain wrong!

Please check your facts.

It is a long term complaint of mine, that by allowing people to phone or e-mail or text in to News programmes, that the comments and therefore air time that is given to some outlandish views is so miss-representative of what the majority think and believe that it is treating the majority views with disrespect and paints such a false picture of whatever topic is being discussed as to be totally miss-leading of the nations views. But here we have a topic that I know about being given the same treatment by the chosen speakers who were given plenty of time to get the facts totally wrong.

Let’s put the record straight.

Firstly, that a Tenant who has been in a property for two years is as good as a squatter! Unbelievable! All I can say is if that was the Gentleman’s experience, then he needs to get better advice, because as long as the correct agreement is used to best suit the situation, then no matter if a Tenant has been in residence for ten years, both Landlord and Tenant rights remain the same. In fact, if the Landlord lived in the house as their main residence then with the correct agreement, when it is time for the Landlord to give notice, again providing that the notice is issued correctly should for some reason the Tenants not move out, which they would 999 times out of 1000 then the courts have no say in the matter and must award the property back to the Landlord.

Tenants can only stay six months?

Well forgive me but here is a situation which best serves both parties, because in order to ensure the Tenant is responsible in their actions and that the Tenant enjoys living at the property, an initial six months is just what is required, but that is not the end of it! I myself have just moved in to a property on a five year deal, which, with the correct clauses for bad health etc, is exactly what my wife and I wish for. It also suits the Tenant and with reason, for it should always be the case that length of Tenancy is for negotiation between the Tenant and the Landlord. But more interestingly, as a Letting Agent in my twelfth year of running an Agency, it is the Tenant who will always want the lesser time, indeed most stay in property under a periodic agreement after the initial period, which gives them the right to leave at short notice, because it suits their needs better!

Professional judgement!

Once again I see a situation that would have been presented in such a better manner if Professional Agents had been introduced to the situation (and it is a pity that once again I do not see our Industry professional bodies flying the flag for Letting Agents) at least the facts would have been correct, but perhaps it is because the powers that be at the BBC already know that the story would have much shorter legs, if a voice of common sense and reason was introduced to these sound bite discussions, which continue to pour confusion and fear on the housing market. What a pity that those who listened will probably consider the Lettings market something to be avoided. Instead of probably frightening house owners who cannot sell at present, they could have been re-assured that the rental market is a viable proposition and a possible answer to the lack of activity at a time when three times the normal number of properties than normally enter our market year on year are currently being rented throughout the UK!

03Jun 2011

Property Landlord advice: Student Accommodation and Council Tax for part time Students.

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By Steve Roulstone

I have recently come across a situation that I would both welcome comment on and happily post as a warning to all Student Landlords that possession of a Student card does not always mean that as far as the local Council are concerned, the person you are dealing with is not necessarily considered to be a Student. This has specific impact on the Council Tax status of your property.

Large Student accomnodation.

The situation we have just found ourselves in is somewhat complicated by the building in which the students reside. We manage a converted ex County Council building in the middle of Stafford, which comprises of two sets of accommodation, split by a central corridor. To maximise the Landlords return, one half is for Students and one half used for normal Council Tax paying workers. The Student half, comprises of 12 flats, with anywhere between four and ten rooms per flat. They have centralised kitchens, en-suite facilities and they all share one large common room on the ground floor. So not the usual Student accommodation, more purpose built.

Not enough hours.

The problem we encountered with the Student concerned was that they were only a part time Student, on a course which was for 16 hours per week. The problem arose when the Student concerned approached the Council for financial assistance, even though we had advised they would not be eligible. They were not, but the Council then questioned the Student status and quoted from their own web site that: ‘To qualify as a student, the course must be over 21 hours per week and last for at least one year’

Caught out.

I am sure we are not the first to have fallen foul of this ruling and because it is on the Council web site we cannot complain too loudly. But this does show one very alarming hole in what we normally accept as proof of status. This is that the Student card issued by the College is not sufficient proof for the Council to agree. In future we will be insisting on seeing the appointment letter as well as the Student card, because as usual in these situations the consequences are financial!

Consequences.

In the Councils eyes, any property which has been used as their main residence by a person who is not a registered Student (to their own translation) no longer applies for full Student discount. The end result is that the Council have asked for Council Tax for the whole flat for the period that the person lived in this accommodation. This totalled a period of six months. Now many people would already be aware of this rule, but obviously we were not and this is why I have chosen to post this information in this manner. It just proves the old adage; you are never too old to learn!

01Jun 2011

Current property News: 95% Mortgage starts to turn the key.

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By Steve Roulstone

We have seen several items in the press yesterday about the 95% mortgage starting to appear again and of course it has received mixed reviews. However the BBC report on Radio 2 during the lunchtime Jeremy Vine show hosted by Vanessa Feltz was nothing more than an attempt to get as many negative comments about the Banking world from the general public and lacked any real depth, however they did attract several sensible comments about how if housing sales are to start to improve again, a move to ease the deposit burden was bound to be the sensible solution.

Renting options.

The show focused on the options available to those who could not afford to purchase and it was nice to hear one commentator point out that renting is a perfectly viable and acceptable option now and certainly offers a plentiful and varied option of places to set up home (I say this as a Tenant myself) and indeed this same topic was discussed during the finance slot on BBC Breakfast show yesterday.  It is a fact that the rental market has shown consistent growth in demand over the last two years and I have commented many times through these pages that our market is very healthy at present.

Mortgage options.

Now to me these two facts point clearly to the need for better mortgages for Landlords as a way of easing the market and supplying rental property for current demand at the same time. This is another subject that I have mentioned before and I do not apologise for doing so again! It was clear however from the comments made during the show that Mortgages are an emotive issue  with one (poorly advised) person thinking any easing of Mortgage availability was just a way for banks to ‘line their pockets again’. Of course the facts are that Mortgages need to be made easier to obtain before the market starts to move again, no matter what sector of the market is considered.

Differant options.

One area that I do not agree with however is the split option of shared ownership, which has been trialled before (as the problem for first time buyers is not a new one) The problem for me is that no matter how long you own the property, when you come to leave you are still only left with half of the collateral built up in the property during your time under shared ownership. Now most people who use this scheme as a starter home, need to move on having got married, started a family and as is normal need more space. This means that moving to a bigger house can present just as many problems as finding a house in the first place, because shared ownership is only encouraged for started homes. Therefore, assumptions are being made that everybody will be able to improve their circumstances (income) during the period the initial property is shared. Experience tells me this is not the case and guess what? Most co-owners will not allow renting as a method of financing the next move!

One option stands out.

It is a little ironic that the same scheme is being championed again when in the past the rental market was seen as the solution to the eventual problem most shared owners find themselves in! With the current trends which are not only financial but also lifestyle choices for the majority of Tenants the rental market yet again shows itself as the market that can trigger an increase in house sales, if the proper Landlord tool was made available. Surely this is where the Mortgage Companies should be looking alongside any easing of deposits required; after all, buy to let properties have the additional support of that income behind them!

27May 2011

Franchise News: Franchise Networking days producing rewards.

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By Steve Roulstone

At Castle Estates we have regular Network Days where all of our Franchise offices get together and discuss our Industry at length. They give Franchisees the chance to discuss various issues with their compatriots, talking over problems that have occurred, sharing successful ventures and opportunities and trading methods and trends with each other. When we put these days together, we always try to have a central theme running through them, so that our offices can review what they have seen and review an area of trading all in one day. In the past these themes have been Web awareness, Property Insurance and associated products, Changes in legislation and Advertising.

Making the most from contacts.

This was the theme from this week’s get together and the success of the day has prompted me to put ‘finger to typepad’ and comment in this way. The contact and support that flow through these days mean that they become a seminal part of being a Franchisee. This, I believe is one of the major reasons that Franchising offers such a popular route to business success. Every Franchisee appreciated just how important it was for their colleagues to purchase a Franchise and respect is automatically granted. This is then shown through the discussions and ideas that flow through the day. They need to be seen to be understood, but I have never witnessed a similar scenario in any other type of Business meeting and I have attended many conferences and seminars over the years.

Property Portals

We had two portals represented on the day and both offer a different view to the market place. Gumtree only offer the Lettings Market on their site and are therefore important both as a lettings portal and by the way in which they attract the best type of prospective Tenant, whilst Rightmove as the market leader are a site that any self-respecting Letting Agent has to be seen on! As a result of the presentations, all of our offices now understand the options and services each portal offer, for as a punter you would only see the front end of the sites, whereas as a customer, there is a whole sea of reports and functionality available to us to help us understand where and why our prospective Landlords and Tenants visit us. The problem being just how difficult it is for everybody to understand the nature and power of the services these functions provide. It is safe to say that this style of day ensured that everybody left with much enhanced knowledge and will now utilise the functions to their benefit.

Landlord Insurance

Specialist Insurance is something that I have spoken about and something I recommend all Landlords to use, but again, following a procedure that has lasted a full 18 months and as a result of a Rental Industry  supplier that has listened to what we have told them and offices that have taken on board what their peers have recommended (length of service and experience being paramount) we now have a situation where the whole group is moving forward in an innovative way, using this crucial Landlord requirement.

The future.                                                                                                                 

Add the specialist software designed to ensure we make the most from website visitors that we discussed and the meeting was heralded by all to be a great day and this is the point. Only with Franchising are such progressive steps made so easily, because of the willingness from all present to share, assist and develop everybody’s business, not just their own. It is in the interest of every Franchisee to see progress for all offices in the network and there, in finishing this article, is that word again:

 Network: only truly available through Franchising!

24May 2011

Current Porperty News: TDS Legislation under threat.

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By Steve Roulstone

There have been reports in the press recently about the recent judgement in the Court of Appeal on the Gladehurst Properties Ltd v Hashemi. This case will undoubtedly have an effect on the Tenancy Deposit protection legislation, but rather than being a decision that will drive a nail in the coffin of the intended protection for Tenants, I believe that it will leave the door open for the matter to be addressed by the Government in the upcoming  Localism Bill and indeed this decision may encourage further legislation which could impose further requirements on the Industry as it is highly possible that such ‘holes’ will attempt to be plugged as well as any perceived problems brought to light by this judgement are considered as well.

Joint action required.

The case failed in the full award of the penalty as prescribed in the bill (Three times value of deposit as a fine) because of two problems the first being that this was a joint Tenancy and the action was bought by one Tenant (Hashemi) without the knowledge of the second (Johnston) (For clarity Gladehurst Properties Ltd were the Landlords) The implications of this are that Tenancies involving more than one person, such as Student or any joint Tenant situation, especially for example if one Tenant is not accessible (left the area, left with debt to the other parties) as it would become impossible for the second / remaining Tenant/s to take any action to recover the deposit. This is the kind of area I mean the Government may want to get involved in addressing. Then if the Tenants disagree? Well let’s just leave that one hanging!

Part returned Deposit.

Another area that could invite further legislation is the situation where some of the deposit has been returned, but not the whole. This is of course a common occurrence, especially for Private Landlords, as agents we should be aware of the implications, which will be clear no matter which scheme is used for Deposit protection. So the Landlord does not register, returns half the deposit and leaves the Tenants with no comeback or protection. This is where the main ‘hole’ will need to be fixed, but there is no doubt again that the Government will look at other areas where legislation could further protect the Tenants rights as intended under the initial legislation.

Further appeal.

I have also heard that many feel the case should be referred to the Supreme Court because of the long term implications to the TDS legislation but because of the sums involved this could be a none starter. But I think it is important to state and for Tenants and Landlords to understand that the implications are not yet fully known but it is not a case of the legislation being filed in the draw marked bin just yet! There is no doubt that it will be addressed and re-enforced by the Government 

There have been reports in the press recently about the recent judgement in the Court of Appeal on the Gladehurst Properties Ltd v Hashemi. This case will undoubtedly have an effect on the Tenancy Deposit protection legislation, but rather than being a decision that will drive a nail in the coffin of the intended protection for Tenants, I believe that it will leave the door open for the matter to be addressed by the Government in the upcoming  Localism Bill and indeed this decision may encourage further legislation which could impose further requirements on the Industry as it is highly possible that such ‘holes’ will attempt to be plugged as well as any perceived problems brought to light by this judgement are considered as well.

Joint action required.

The case failed in the full award as prescribed in the bill (Three times value of deposit as a fine) because of two problems the first being that this was a joint Tenancy and the action was bought by one Tenant (Hashemi) without the knowledge of the second (Johnston) (For clarity Gladehurst Properties Ltd were the Landlords) The implications of this are that Tenancies involving more than one person, such as Student or any joint Tenant situation, especially for example if one Tenant is not accessible (left the area, left with debt to the other parties) as it would become impossible for the second / remaining Tenant/s to take any action to recover the deposit. This is the kind of area I mean the Government may want to get involved in addressing. Then if the Tenants disagree? Well let’s just leave that one hanging!

Part returned Deposit.

Another area that could invite further legislation is the situation where some of the deposit has been returned, but not the whole. This is of course a common occurrence, especially for Private Landlords, as agents we should be aware of the implications, which will be clear no matter which scheme is used for Deposit protection. So the Landlord does not register, returns half the deposit and leaves the Tenants with no comeback or protection. This is where the main ‘hole’ will need to be fixed, but there is no doubt again that the Government will look at other areas where legislation could further protect the Tenants rights as intended under the initial legislation.

Further appeal.

I have also heard that many feel the case should be referred to the Supreme Court because of the long term implications to the TDS legislation but because of the sums involved this could be a none starter. But I think it is important to state and for Tenants and Landlords to understand that the implications are not yet fully known but it is not a case of the legislation being filed in the draw marked bin just yet! There is no doubt that it will be addressed and re-enforced by the Government

23May 2011

Property Letting Advice: The Importance of Good Communication

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By Craig Smith

In a recent ARLA publication, the property ombudsman (Christopher Hamer) has written an article relating to a tenant decorating a property. The story goes that, following the tenants request prior to signing the tenancy agreement, the Landlord would not decorate the property. The agent had then given permission for the tenant to carry out the works themselves. However, the Landlord had no knowledge of this and as such tried to claim for the costs of returning the property to its original condition from the deposit.

Tenants Decorating Permission

In this case, it appears that the Landlords agent had given permission for the tenant to redecorate, which could have cost the tenant a substantial amount of money, without first gaining the permission of the Landlord.  There really can be no excuse for this, even if the Landlord was away or unable to be contacted the agents should not have given the permission to the tenants.

Payback Time

As the Landlord had claimed for recompense from the deposit, the tenant then complained to the property ombudsman due to the distress caused by the lapse in communication. If an agent is a member of the ombudsman, it will deal with any complaints made in the most suitable manner.

The article states that the ombudsman awarded £200 in compensation to the tenant for the stress.

Lessons to be Learned

Although the tenant had quite rightly sought permission from the agent to carry out the decorating, the agent had not contacted the Landlord for their advice. Ultimately, it should have been the Landlords decision whether or not to allow the decorating to be carried out.

Best practice dictates that permissions should be in writing and a record kept of and do’s and don’t given to the tenant by the Landlord. The agent in question was at fault for not fulfilling their obligations to their Landlord, which goes to show the importance of having trust in your agent. 

18May 2011

Current Property News: Buy to Let market grows in strength.

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By Steve Roulstone

Recent reports indicate that the Buy To Let market is, as I have been reporting for some time, growing in strength and therefore returning despite all the gloom and doom reports that the Financial Crisis would see an end to Private Landlords investing in property using this specialist mortgage.

Misrepresentation of Landlords.

This report raises several issues for me, the most glaring being the overall suggestion that Landlords buy property to get rich quick and that they will not do so ‘Under current circumstances’. Well excuse me for pointing out that this is obvious and the error in the unstated indication that ‘Getting rich quickly’ is why Landlords purchased property in the past. Well as one of these Landlords and as somebody who speaks to and knows many others, can I point out that by far the majority of Landlords chose and indeed choose property as an investment, because it has traditionally given a conservative return, but never actually lost money!

Markets will always dictate.

I have pointed out on these pages recently, that it is the market itself which will dictate both the number of properties available and the need for Landlords to supply that demand. We have seen Tenant demand rise steadily over the last three years and the % of rented UK housing stock confirms both the need and the ability for Property owners to supply the demand. What has happened however is that droves of new Landlords are being created by the inability of the Sales market to provide purchasers and the realisation that by renting property instead, they have been able to move on with their lives and plans. I myself now rent and have rented my main home for the next five years for the same reasons.

Rising rents, really?                     

The main push of this article is to concentrate on the amount of income generated from the rent and I find the statement that Landlords are being enticed because of the possibility of rising rents to be a little thin! Firstly, this totally ignores the more down to earth reasoning given above that owners are renting simply because they can, when they are finding it very difficult to sell, allowing them to get on with their lives, but the assumption still ignores the main reason for Landlords to buy or invest in bricks and mortar, which is historical, because property in the long term always gains in value and this is very much linked with the conservative expectation, set against the risk of either Currency or Stocks and Shares.

Tarred with the same brush.

It seems to me that the writer has looked at Property Landlords in a ‘one view take all’ approach, where the reality is so much different and far less simplistic. Is it my view alone that people who invest in property are more conservative than those who invest in more traditional methods? Either way, the market is driving this increase in new Landlords and what is not my belief alone is that it is both sustainable and shows no sign of decline for the foreseeable future!

17May 2011

Local Housing Allowance Changes to Affect Landlords & Tenants

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By Craig Smith

Since the coalition government came in to power in May 2010, a number of cuts have been announced as part of their plan to reduce the deficit. One of these cuts is to the LHA (Local Housing Allowance) which is paid to the unemployed or those with lower incomes who are living in rented accommodation.

The Affect to Tenants

The amount of LHA paid to tenants will be reduced, typically around £30 per month on a 3 bedroom house (see the handy table which has been produced on the DirectGov website). This might not sound like a lot to lose, but this could be an extra £360 a year to find, and when your already struggling to make ends meet this can be a lot of money. Put this together with the ever increasing cost of living and things only seem to look worse!

The cuts come into place either on the renewal of a claim (12 monthly anniversary) or when there is a significant change to the claim, such as a new baby or moving from one property to another.

Landlords Reactions

A member of staff from Castle Estates recently attended a local Council Private Sector Landlord Forum which was to discuss the changes and keep Landlords informed of what is going to happen. The meeting itself was perhaps aimed more at private Landlords (as the title suggests!) although a lot of useful information was provided to everyone who attended regarding the cuts.

As the amount paid to Tenants is to be reduced, the extra money needs to come from somewhere. And if the money can’t be found then the council’s answer was simple… reduce the rent. At this moment the room fell silent for a second or two, until a few Landlords began to chuckle. They seemed to have forgotten that Landlords still have mortgages to pay, insurance to cover and repairs to be made.

The Route Forward?

Perhaps the first thing to come into a Landlords mind is to steer clear of any Tenants who may be in receipt of LHA payments. However, in the long run this would mean less and less housing available to those Tenants. This doesn’t necessarily mean that some Tenants may not be claiming in the future, for example, someone who has recently been made redundant and is unable to find new employment?

The other way of looking at the situation is that although the payments would be a lesser amount than would have been expected before, the payments would be made regularly to the Tenant. This doesn’t always guarantee that the Tenant will pay the money to the Landlord, but some good tenant referencing would also help in the selection of a suitable tenant. 

17May 2011

Rental Issues: Reserving a rented property whilst a Sale completes.

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By Steve Roulstone

Rental Issues: Reserving a rented property whilst a Sale completes.

This is one of those issues that whilst rare does occur now and then and always causes confusion. I think clarity would help so that potential Tenants understand where Letting Agents are positioned and why we have to do what we do. It has happened at our office in Stafford again recently and it is the matter of how long we are prepared to hold a property before Tenants accept responsibility (sign a Tenancy agreement) that is nearly always at question. Under normal circumstances and with so many Tenants in the market at present, this problem does not and need not occur.

Legal position.

Tenants are only legally bound to pay for a property from the day they actually sign the agreement and of course Tenants do not wish to do so if they are subject to a sale which has not completed or could indeed collapse which seems to happen more often in recent years. Nobody would want to accept a minimum of six months liability for a property that should the sale collapse, you could neither afford or equally wish to use as your home. This is why Agents will quite often ask for payment from a date in time without signing the agreement as a payment in good faith but without committing the Tenant to legal documents which have far more lengthy implications.

Holding a property.

What needs to be realised is that Letting Agents have a legal responsibility to provide the best service and advise to the Landlord because of our legal position (as Agent of the Landlord) What also needs to be considered is that the Landlord will need to earn income from the property for as many days possible. Agents will do whatever they can to avoid void periods for Landlords, it is easy to see why anybody who owns a property as an investment, which is of course exactly what rental property is wants to earn rental income for every week possible. This is why once we have found a Tenant we will (in most cases?) confirm that we allow a four week period under normal circumstances for the move to be completed.

No similarity with sales.

This of course is the rub, there is nothing in the two processes which are alike, indeed the only comparison would be to expect Building Societies to allow payments to be suspended during the same period, so you can see how one sided the effect of waiting for a sale to complete now sits! Therefore we have to proceed in the best way possible for our Landlords and during a period where the rental market continues to improve, people who are renting after selling are not necessarily so attractive as prospective Tenants. I have known situations where sales collapsed after a seven week wait and resulted in the Landlord having a three month void period. Position this with our legal responsibility to give best service and advice to our Landlords and perhaps the situation becomes more understandable!

Co-operation required.

It is of course an emotive subject as anybody who has gone through a house sale nowadays would know. So we have to ask for co-operation from prospective Tenants under these circumstances and interim payments to reserve the property without asking for a legal commitment by signing the Tenancy agreement are a half way house which I believe offers both parties the ability to proceed and still deal with whatever the legal process of house selling throws at us, what we ask is that Tenants understand our liabilities and can co-operate in the same way.

12May 2011

Current Property News: Shelter Campaign launched supporting Licensed Landlords.

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By Steve Roulstone.

Shelter have produced a video in support of their call for action for the licensing of Landlords. It is an over the top production in the picture that it purveys, but there is no doubt that it does get the message across very well.

Dodgy practises.

It manages to cover several dodgy practises in a very short time, including illegal eviction, lack of proper procedure, unfit housing to name but a few, I would recommend all to watch it not just because of the content, but because as an industry we should think how Shelter feel they need to promote this issue to highlight the trend they report to have witnessed in recent times. Please note carefully, that during the video, Agents are added to the situation as being part of the problem!

Several messages.

At times it feels like those of us who are constantly calling for legislation to support us in our professional aims are knocking against closed doors, so I am grateful of any action that highlights the need for Registration of both Landlords and Agents. But it is a pity that it is not our own Industry professional bodies that are not the ones shouting the loudest! We need to recognise that many would see this video as a true representation of our Industry and not that farfetched. Agents, Landlords and bodies that truly care should be joining the call for the Government to take up the recommendations of the Rugg review of 2009. Otherwise, whilst rogue Landlords still exist and the evidence is still present for all to see, this tardy image will never go away.

Hard Times.

We should all be aware that during harder financial times for us all, the temptation to cut costs and corners is high, so whilst I feel Cambell Robb’s (Shelter CE) comment that ‘Landlords are cashing in’ a bit too simplistic and an easy jibe to make, we cannot hide from the fact that Shelter’s Campaign casts a very poor shadow across the whole of the rental market and it’s effect will touch us all one way or another. Follow the link above and you will not find one shred of comfort in the headlines, comment or follow up added to the page.

Join the call.

So yet again I find myself singing the same song, but this time my comments are directed towards the bodies that govern our Industry, the very same bodies that should such legislation be introduced, would want to be the people who oversaw its introduction, have a large say in how it was put together, would probably wish to police it and most importantly want to set the standard by which Landlords and Agents could be approved! I feel that the fact that organisations such as Shelter should be the party to start a Campaign and petition to promote professional standards reflects badly on your own efforts, efforts which we fund through our fees. Think and reflect on why your thunder has been well and truly stolen – this should be an Initiative that we should control within our own walls!