A leading Lincoln based letting agent who has consistently
warned that tenants and landlords are continuing to be exploited by
unscrupulous agents in the 'exploding' rental market has now had
her findings backed in a major new report 'Renting in the Dark'
published today.
Jill Elkington of Hodgson Elkington LLP backs The Resolution
Foundation, an independent think tank that is urgently
calling on the Government to regulate letting agents to the same
standards as estate agents.
The report's call is backed by the Ombudsman.
"The report says that tenants are having to pay significant
upfront costs, whilst agents' fees are variable and there is a lack
of transparency around charges, which is something that I have been
highlighting for some time. I very much welcome this report," said
Jill Elkington, letting manager at Hodgson Elkington, chartered
surveyors and East Midlands spokesperson for ARLA, (Association of
Rental Letting Agents).
The Resolution Organisation carried out a mystery shopping
exercise of 25 unnamed letting agents in three cities - London,
Cheltenham and Manchester. It found the range and type of fees
charged varied enormously.
"Whilst the agents approached were not in the East Midlands, it
is not unreasonable to assume this practice occurs here in the East
Midlands and other parts of the country. Just two of the letting
agents terms were transparent and many renters only discovered
charges after they had decided to rent a property," said Jill
Elkington.
Resolution says its findings are particularly relevant given the
growing number of households forced into renting for the long term.
In 1988 only 14% of low to middle income households aged under 35
were living in rented accommodation, but by 2008 it had tripled to
41%.
The report points out that unlike estate agents, letting agents
are unregulated and under no compulsion to hold membership of an
ombudsman service.
The Resolution Foundation is calling for:
• Letting agents to be regulated to the same level as
estate agents, so that unscrupulous agents can be banned;
• All agents to be signed up to an ombudsman service giving
redress to tenants;
• The ombudsmen's codes of practice to stipulate that
agents must display all charges to tenants and landlords on their
website and in adverts in a way that is easily comparable across
agents;
• The Government to consider ways to make it easier for
tenants to transfer deposits between landlords when they re-tender
for the tenancy deposit protection schemes in 2012.
"The lack of regulation in the exploding private rented market
is of growing concern. We need more transparency so tenants at
least know what fees they're facing and to help create a more
competitive market. Given that an increasing number of families
have no option other than to rent long term, we need to question
why letting agents are not regulated to the same degree as estate
agents."
Christopher Hamer, The Property Ombudsman has also given his
backing to the report.
"The Government does not see regulation of the sector as a
priority so I hope the recommendation of this report that all
letting agents should be required to be registered with an
ombudsman scheme so that, at least, landlords or tenants can gain
redress where they have been disadvantaged by an agent, will now be
seriously considered by the Government," said Jill Elkington.
"Providing clarity and transparency of fees is also very
important. As more and more people become tenants or landlords,
these measures would assist them in fully understanding the
commitments they are taking on and enable them to challenge the
agent if anything is unclear," she added.
"It's vital that consumers have full confidence in lettings
agents, and the industry must respond to their concerns. That's why
in the absence of regulation, ARLA developed their own licensing
scheme," said Jill Elkington.
All licensed ARLA member letting agents must be covered by a
client money protection scheme and hold professional indemnity
insurance - which means consumers are protected against negligence.
They must follow strict codes of conduct and have a certain level
of training. Ultimately this means that, should something go wrong,
there are protection mechanisms in place. I would therefore always
advise that consumers use an ARLA-licensed lettings agent.
Whilst fees are bound to vary from region to region and will
depend on the specific services offered, for landlords and tenants
alike it is important to obtain clear, written information about
exactly which services the fee includes - and whether there are
likely to be any further costs in the future.
Should a landlord or tenant feel the fees were unclear, they can
lodge a complaint with ARLA or utilise the Ombudsman Scheme
membership, which all ARLA licensed agents are required to
hold.
"The full report 'Renting in the Dark' makes very interesting
reading. Without regulation, we will see more and more unscrupulous
agents making promises they are not able or intend to keep. Worse,
the ones who suffer are the landlords who entrust them with their
investment and tenants who stand to lose the roof over their
heads," said Jill Elkington.