Tag Archives: Professional Management

24Nov 2011

Property Landlord advice: Government Housing Policy energy standards picking at the wrong sector!

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By Steve Roulstone

The new Housing Policy released earlier this week, makes specific reference to two areas that I feel are linked, in the standards being set in one and the Government requirements for the other. I am referring to Decent Home Standards and Energy Performance levels.

Walking away from business.

This week alone, as a Letting Agent, we have walked away from two properties where the standard of accommodation that the Landlord was offering, we felt, dropped below what should be offered in our market place. As I pointed out in my Blog earlier this week, self policing, because we are professional Agents. The fact that other Agents (Estate Agents) were prepared to market the properties, in one instance without basic instruction which could result in the Landlord being the result of a financial claim against him, is both alarming and a subject that I repeatedly Blog about until blue in the face, if you do not legislate for fitter and proper Agents, the market will continue to suffer from bad Management!!

Market protection.

So with the knowledge that professional Agents will advise Landlords what should be done before they will market property, let’s just confirm, we now have a situation where we are raising standards automatically – just what the Government are asking for!! But wait, what do we have here? A comment in the same release, stating that Rented properties that do NOT reach certain energy standards will, by 2016, NOT be allowed to be offered to the market!

Is it the financial link?

So why are the Government targeting the rental market and not the sales market? There appears to be reference to review Building Regulations, which ensures new properties reach these energy standards, but nothing to address property sales, so why not? To me it is purely because they can and for no other reason. I would guess that the reason given would be that if Landlords are to make profit from renting property, then the profit must be gauged against the standard of the property. A good argument and I am not saying I disagree, but if that is the case, why not apply the same regulations to Mortgage Companies who profit from providing a Mortgage to the ‘House buyer’?

Too radical?

This to me is not a level playing field and we as an industry have five years to address it. The facts are quite clear in both statements included in the Government release on the rental market, the best standards of properties can be found in the rental market and the best energy efficient housing can be found in the rental sector. And yet in this report they further target (an easy target?) our sector for improvement. My point has to be, that under a heading of a thriving market sector, rules are being introduced which will place further unbalanced costs on the Landlord, when set against any decision against selling.

 

Action Needed.

We have plenty of time between now and 2016 to ensure this is not the case, so I ask our Industry representatives to ensure that our market will not be given a disadvantage at such a critical time in its popularity and development. If I am right and if this is left unattended we could be left with a problem, the time to act is now!

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.

28Oct 2011

Property Landlord advice: DPS sister Company applies to run the TDP scheme for Scotland

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By Mike Edwards

The Letting Protection Service Scotland the sister company to the Deposit Protection Service in England and Wales) has applied to run a tenancy protection scheme in Scotland. Though part of a tender process the DPS rightly emphasises it will be the only contender in Scotland to have had any experience of protecting deposits.

In its activities for England and Wales the DPS has protected more than 1.7 million to date, amounting to more than £1.3bn in value. Its application is fully expected to be approved and will trigger implementation of compulsory tenancy deposit protection in Scotland where, unlike England and Wales and argued by many very sensibly, insurance-backed schemes will not be authorised.

Instead, landlords and agents who take deposits must put the money in a banking or ‘custodial’ scheme and from the date the Scottish scheme launches from that date they will have 30 days (not the 14 as in England and Wales) to protect deposits for all new tenancies. Landlords holding deposits for existing tenancies will have nine months’ from the launch of the first scheme to protect their tenants’ deposits.

Under the Tenancy Deposit Schemes (Scotland) Regulations 2011, which came into force in March 2011, landlords and letting agents will have a duty to protect tenants’ deposits as soon as the first approved scheme launches. This is thought likely to be from April 2012 or if not soon after.     
               
There has been constant criticism of the English decision to allow three schemes, two of them insurance backed and in effect promoted by vested interests. In reality The Dispute Service in effect is for agents and Mydeposits.com is for Landlords enabling both to hold onto the deposit monies.

This was seen by many objective commentators as rather defeating the object of TDP which is to keep the tenant’s money – and all too often it is forgotten just whose money the deposit actually is – 100% safe and protected from abuse by others.

24Oct 2011

Property Landlord advice: Keeping the House warm!

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by Steve Roulstone

At our office in Stafford, at this time of year, we like to remind our Tenants on behalf of our Landlords, especially in relation to their Insurance, that during the winter months they have the responsibility of keeping their rented property at the right temperature to combat our winter weather. We do this every year to ensure that property is left unprotected during holidays, be it skiing, a winter break or just over the Christmas period that Tenants are away, the home still needs protecting. Especially after the hard spells we experienced last year, which were a timely reminder ensuring we do not take any year for granted as far as the weather in this country is concerned.

Correct temperature recommended.

Of course one of the most important pieces of advice, in amongst information on emergency procedures and confirmation of responsibility, is the correct temperature that an empty house should be maintained at and it is this one figure that I wanted to highlight today, because should you ask any group of people what temperature they should maintain their own house at whilst away during the winter months, it would be my position that very few would be correct in their estimate!

Plumbers and Insurance agree.

The surprising thing was that the recommendation was agreed by both the Insurance companies (written as part of the policy) and the plumbers we spoke to, namely that the house should be kept between 12c and 15c. (I know that in my own house, and even in the rented property I now occupy, I have never aimed to keep the property at this figure) However, what matters here is that as Agents we advise the Tenants in a manner that they both realize their responsibilities and are advised in a way that the implications are understood.

Co-operation required.

If it is part of a Landlords Insurance policy that a minimum temperature be maintained when a property is empty, then it is important that Tenants are reminded at least once a year and that the reminder is timely, with the beginning of the winter being the best time to renew the instruction. There is no doubt that cold snaps such as we experienced last year may not come every year, but then there is just as much chance that they will and this is something that the Landlord cannot ignore, because should an Insurance Company be able to prove that a property has not been maintained correctly, then they have the ultimate sanction and could refuse to accept any subsequent claim!     

Clear advice and implications.

What we would all seek to avoid in such circumstances, is a situation where the Tenant can be held responsible for damage caused because they did not follow what was required of them so it is important that they are both made aware and advised of the clear implications that could follow from not carrying out there responsibility. What we do know from previous experience, is uncommon to popular belief, the majority of Tenants do understand and are sympathetic to what they need to do in these circumstances and therefore when advised properly and informed on time, they will co-operate and help to keep ‘burst pipes’ to a minimum!

21Oct 2011

Property Landlord advice: Utility providers recognize rental growth.

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By Steve Roulstone

For years the biggest issue Letting agents had with Utility providers was that they did not understand how the rental system works and that whilst a Landlord has Tenants in the property, any costs generated were not Landlords responsibility.  The end result was invoices sent willy nilly to all and sundry in an attempt to get somebody to pay for supplies. From day one we have always sent faxes at both the start and end of tenancies confirming changes, names and forwarding addresses.

Too busy.

This was always reliant upon utility providers supplying fax numbers where this information could be sent, but on one classic occasion the manner in which they addressed rental properties shone through, when I was faxing British Gas and because the phone was on a speaker rest, I quite clearly heard the BG employee at the other end say ‘we have had enough fax’s today I am going to turn this machine off’!! Sure enough, it took three days before we could get through again.

Change in approach.

It is hard enough sometimes to find out who Tenants have changes suppliers too, but typical of utility providers, who along with the practice of firing invoices right left and centre never mind how many times we sent them clear information (including on many occasions in the name of the Letting Agent, who of course can never be responsible for costs generated at any property) and sending highly inflated invoices for periods between Tenants (this is a particularly popular practice with the water companies, who when multiplying the cost out charged at up to twice the annual rate for one or two week periods) they have now managed to get legislation introduced which means they may now charge the property owner if they do not have sufficient Tenant details.

A justified approach?

Of course if the services are not contacted and it is the responsibility of the outgoing and incoming person who pays bills to advise of the change, then one can understand their motivation. But if a Tenant does not advise of a forwarding address when they leave, then Landlords could find themselves responsible for the Tenants failure to advise correctly. Because this is part of what we always do as Letting Agents, we should never fall fowl of this new legislation, but Landlords who manage property themselves can no longer hide behind the excuse that it is not their fault. They must now ensure that they supply the information at the end of a Tenancy, even if a property is abandoned, doing nothing is no excuse and contact and information known should be supplied.

Only for water.

The legislation is contained in section 45 of the Flood and Water Management act of 2010 and is therefore at present only available for water utility companies, but I am sure that once the electric and gas providers realize (if they have not already done so) that this is possible, they will quickly lobby for the same powers. For me the biggest problem is that for years they treated the rental industry as a nuisance and now that the figures are obviously much bigger, seek legislation to protect themselves. A pity they could not just be efficient in how they go about dealing with changes at property and adapt themselves to the market, because by using legislation they are implying that they are protecting themselves from people who wish to defraud them through the law, when I believe that the reality is that the legislation has been smuggled through the back door to save them money in coping with what is a major change in trend in this country through efficiency and having to introduce workable but time consuming solutions. How much easier just to invoice the registered property owner!

18Oct 2011

Property Landlord Advice: PAT testing for all!

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By Steve Roulstone

The ‘all’ in the title above is referring to all portable electrical goods in any rented accommodation which is a House of Multiple Occupation and in particular the Tenants goods as well as any electrical items supplied  by the Landlord which is not something that would automatically come to mind, but the principals are just the same as the reasons why goods are tested in the first place.

Portable Appliance Testing

It is one of those sayings which gets accepted as an acronym and slips in to our language so easily that the proper meaning can easily be forgotten.  But the reason for testing all appliances supplied by the Landlord, is lost if the appliances supplied by the Tenants are not tested as well. This means any heating device, television or even fridge that they supply, will need to be tested as well, otherwise the whole point of carrying any test out is lost.

Enforcing the rules.

Of course it is how you manage this and of course why it should be done in the first place that needs to be explained. In our case at Stafford, we manage two blocks of rooms (over 60 in each) which are run by Wardens that we supply and the recommendation came about as a result of a Health and Safety and Fire Inspection, on behalf of the insurers, who naturally want to know that everything is being done to minimize the risks involved, especially where foreign students or workers are concerned with electrical items that run on a different current to our own electrical system. (Rice cookers are a prime example) What we do is to advertise the day we have our own test carried out and then allow goods to be tested free of charge.

Contractually bound.

The difficulty is enforcing the rule, which we also add to our contract for the accommodation, because if this opportunity is ignored, then it is almost impossible to enforce the test, so it is very much about communications and taking advantage of every opportunity to have the work carried out, which is why testing for free along with the Landlords property is, we feel, such a good idea.

Computers.

Of course the biggest area is lap tops and computers as virtually every student and indeed worker would now have their own computer, which still needs to be tested and despite the obvious reaction that any test would ‘blow’ the computer, there are set standards and methods (of course!) to follow. Such information is vital when assuring your Tenant that the test needs to be carried out and you are faced with the inevitable statement to do so would destroy the computer.

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.

03Oct 2011

Property Landlord advice: SAFEagent (1) : New kitemark will 'clean up industry'

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By Mike Edwards

It is now 6 months since the first announcement of a new kitemark initiative for the lettings industry. Although I have previously commented on this initiative and expressed our wholehearted support for it much water has flowed under several bridges since the new kitemark initiative known as SAFEagent was launched for agent registration in May. It is free for agents in established client money protection (CMP) schemes to register, but just what is CMP? To the layperson in effect it is bonding, along the lines of ABTA where if your travel firm goes bust and they are ABTA bonded then ABTA steps in to bring you home.

CMP operates in the same way to protect Landlord and Tenant money held by agents with CMP cover. However the policy premium for CMP cover is eye wateringly expensive, and impossible for an individual agent or even a corporate chain to take out in their own name. So CMP cover is obtained by being a member of one of only 5 such group schemes in existence, these being administered by ARLA, NAEA, NALS, RICS and The Law Society. Because it is compulsory for CMP to be held by a member of SAFEagent so it follows that only members of the 5 organisations with the cover can become members. SAFEagent does not provide CMP itself and indeed to do so would be an expensive and unnecessary duplication as its members already have CMP in place.

SAFEagent was formed by a Steering Group of lettings agents and is administered by The National Approved Letting Scheme which in itself was created by the Government. It was the desire to deliver a simple message that led to the formation of SAFEagent – that by joining its members would have the means to differentiate those agents who operate with CMP and those who do not.           SAFE agent has some impressive friends and supporters. Apart from NALS which endorsed the scheme immediately and then offered to run the administration for it – an offer readily accepted by the Steering Group – the Property Ombudsman Christopher Hamer also welcomed the initiative many months ago, as has the Residential Landlords Association who commended its “clear and recognisable brand”.           

The Trading Standards Institute (TSI) has bolstered the initiative with Ron Gainsford its chief executive endorsing the introduction and promotion of a single mark to identify letting agents who are in Client Money Protection insurance schemes. This is the objective of SAFEagent – that by having just one kitemark will increase recall levels of the scheme and enable consumers to make sensible and safe choices of letting agents based on a raised awareness of the importance of that agent being part of a Client Money Protection insurance scheme. This in turn of course will help trading standards services in the fight to reduce the number of rogue and ‘uninsured’ letting agents who disappear with consumer money – a move that all honest agents would support.        

However, of the industry organisations, only NALS has come forward to welcome the kitemark. NALS, NAEA and RICS have yet to give their support despite SAFEagent growing impressively as will be seen in the nest article on this subject.

27Sep 2011

Property Landlord advice: Law of Agency must be understood.

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By Steve Roulstone

One of the basic but most important principles behind what we do as Letting Agents is the ‘Law of Agency’ which covers our responsibility to our Landlords. I have referred to this in my blogs before, but it is not something that is heavily reported on and a principle which I believe a large amount of Letting Agents do not understand. The basis behind the principle, is that Law of Agency describes our relationship with the Landlord, who, of course first and foremost are our customer, but it is the greater level of responsibility that Agent of the Landlord brings with it that is not understood.

The Landlord says so.

Under the Law of Agency, as long as what we are asked to do on behalf of the Landlord is legal, we must follow the instruction, in exactly the manner in which the Landlord asks us so to do. It is not that difficult to understand and if you look up the meaning of the word Agency in Wikipedia and you will understand that this is not just a wording that describes a Supplier and Customer relationship, rather one that carries a very specific requirement on behalf of the Agent, in the eyes of the law.

So often comes to mind.

It is not difficult therefore to imagine scenarios in our industry where problems can occur and because it is something that I repeatedly quote when discussing cases with our own office in Stafford, it is never far from my mind. The latest scenario surrounds two Landlords who have changed their mind over what they expected from their Tenants when they were vacating property at the end of Tenancies and whilst it would be wrong to go into any detail at all, both surrounded a change of mind in what they expected the Tenants to do.

Tenants are correct!

The problem being that it falls upon us to carry out the Landlords wishes, providing they do not break any law, to the full. So even though we know what we are requesting is incorrect, we must still carry this through. Of course should the Tenant then come back to us and state that we know the opposite to what we are asking, it is still our role to confirm the Landlords wishes and at no point should we show any indication or make any statement that the Tenant is correct in what they say.

Deposit system.

 Of course the problem becomes a little more relevant when the request surrounds the Deposit and what the Landlord is requesting has financial implications, but no matter! Under such circumstances it is a very small leap to a disputed Deposit and all the work encompassed within the system for the Agent. So here we are, knowing that the decisions made by the Landlord are probably going to lead to his losing his case (or of course it could and so often is the other way round!) but we still have to go through the process and present the case in the best interest of the Landlord and that is what the Law of Agency is all about! But should we openly tell the Tenant the Landlord is wrong, or ever be seen to place the interest of the Tenant above the interest of the Landlord then we place ourselves in a position where we can be pursued legally, for breaking our role as agent of the Landlord! This is what is not understood, in my belief by so many Letting Agencies in this Country.

 Purjery!

Of course, even though we may disagree and know that the claim is not correct in its substance, we do not have to perjure ourselves, because should the matter become legal or even subject of a counter claim by the Tenant, when asked what happened behind the situation, we do then have the opportunity to tell it as it is. I have known a situation where legal representation on behalf of a Tenant asked for a written statement from the Agent and of course in sending the statement (which confirmed the Landlord had changed his mind over approval of decoration) the Tenant’s case was proven.

Principle holds.

The point is that in asking for the money from the Tenant we are following the Landlords wishes, and that is what we must do, when asked to confirm what we knew of the situation (by somebody such as a TDS adjudicator) we of course tell the truth as I for one would never perjure myself, but with an eye to the Law of agency, I will advise the Landlord of my feelings and point out that should I be asked what I knew of the circumstances, I would only tell it as it is!