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Nearly all letting agents I meet are frustrated to a degree never experienced before. We have embraced every piece of legislation and red tape thrown at us and complied with it at an ever increasing cost to our businesses.

The frustration felt when the agent next door simply ignores that with which we comply is galling, especially when they then start to canvass with cut price fees enticing consumers into their risky, unregulated world. When it goes wrong, who is blamed Industry - as one generic pantomime villain. The injustice of this is palpable.

MP's would agree that it was a small minority of expenses scandals which gave them all a bad reputation, but proportionately to our industry, it was a much higher percentage. In fact, more than half of MP's had to make repayments and four went to prison. Their solution was the Commons Standards Committee - made up of MP's.

Frustration continues when those in Government with the mandate to actually change things don't. Instead, they lock onto small elements of the overall problem, lobby, seek amendments and force votes over issues about which they clearly have very little understanding. Worse still is the disinformation through poorly researched press releases which fuels the public's distrust of letting agents.

The Government proposes to appease the critics by announcing their intention to ensure all lettings agents display all fees in their offices. That's fine, but the last ruling from the ASA isn't being complied with by many and despite the fact that some of the offenders have been reported to the proper authorities by a number of compliant competitors, nothing has been done.

If you want to sort out tenant fees, add an amendment to the CPR's that any fee not disclosed in writing before the commencement of the tenancy cannot be applied at a later date and any agent who attempts to do so will be fined 10 times the amount of that charge. Then, allow tenants to offset fees against their tax return as landlords are able to do so.

I now read of a bill to ban revenge evictions; an extremely rare occurrence which few agents recognise. Believe me, seeking possession is not a lucrative nor enjoyable pastime. No agent likes it and landlords know the risks. Revenge evictions You should see the revenge' some tenants have taken on properties when a landlord has served notice. Tenants who fail to comply with the terms of their lease, fail to look after properties, create nuisance to neighbours etc., may well have their AST brought to an end. Sometimes they may feel this is revenge, however few Landlords want to risk void periods and only take such steps when all other avenues are exhausted. Serve notice on a housing benefit tenant who takes umbrage and you find the Local Authority telling them to wait for an eviction notice. Rent often stops too.

If we are to fix the problems which the majority of us acknowledge, we need to get all factions working together. Most letting agents are damn good and have more experience of the business than the entire House of Commons with their hoards of researchers, so why not talk to us more If you are ill and go to hospital, you don't ask the other patients what treatment you need, you ask a Doctor.

We need joined up thinking. Ultimately, Labour, Generation Rent, Shelter, Conservatives and letting agents want the same thing. Better, consistent and fairer standards for consumers which are enforced. At the moment agents effectively have to opt in to regulation placing them at a commercial disadvantage to those intent on pulling the wool over consumers' eyes or worse, intent on dishonesty. In fact, agents can tacitly opt out of regulations safe in the knowledge no one will find out.

People keep calling for regulation, yet the only people who can regulate are MP's and regardless of their left or right wing position, they refuse to do so. Professional agents WANT regulation, but the truth is until someone starts policing and enforcing the myriad of existing regulations, a small element of the industry will continue to give the rest of us a bad name. As Edmund Burke once said: All that is necessary for the triumph of evil is that good men (or successive Governments) do nothing.

*Eric Walker is Managing Director of nationwide estate and lettings agents Northwood.

Comments

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    Eric

    Thank you for an excellent article. It is SO refreshing, for once, to read a view on the PRS that makes so much perfect sense. Most dribble hitting LAT recently (no offence LAT - it needs reporting) is from MPs who have no knowledge of the industry. I find it "coincidental" that Labour are jumping on the bandwagon re: abolishing tenant fees/capping rents/longer tenancies just before a general election ! They must think we are a bunch of retards not to realise that they are simply vote-collecting. Again, thanks for a really refreshing piece. Eric - have you considered standing for parliament You would make a sodding good housing minister with your balanced factual view on things.

    • 17 July 2014 06:32 AM
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    EW - thank you. You succinctly stated the case for all decent, qualified, hard-working, fair and honest letting agents who comply with all the legislation, charge acceptable and reasonable fees and do their best to provide an exemplary service to their landlords and tenants alike. It is totally sickening when unlicensed and non-regulated agents set up business and flood the neighbourhood with leaflets offering bargain basement fees which they wouldn't be able to sustain if they had to pay the costs that licensed agents had to.

    • 15 July 2014 11:15 AM
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    Another great article cutting through the rhetoric and hitting the nail on the head.

    • 10 July 2014 11:26 AM
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    Are you listening, Messrs Miliband, Hilton, Debbonaire, et al Regulate properly, professionalise the industry, protect tenants, support much-needed quality landlords. Most of all, work with the industry, stop pathetic stigmatising

    • 09 July 2014 12:30 PM
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    I migrated from LAT but it popped up on twitter. Great stuff and very well put. The problem is how do we make it happen

    • 08 July 2014 09:10 AM
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    "until someone starts policing and enforcing the myriad of existing regulations, a small element of the industry will continue to give the rest of us a bad name." Never a truer statement. Great article EW

    • 08 July 2014 09:02 AM
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    This erudite article really nails the real issue of enforcement, not red tape. Very refreshing and well thought out.

    • 08 July 2014 08:54 AM
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    Spot on Eric. Well said

    • 08 July 2014 08:49 AM
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    Excellent article EW - well said.

    • 08 July 2014 08:43 AM
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