The recent flurry of surveys concerning rogue landlords, problem tenants and properties in poor condition simply serve to show the importance of quality letting agents, says Leaders.
This research emphasises how vital it is for tenants to be selective over who they rent through. Most tenants choose their agent or landlord by default, based on the property that best fits their requirements, and are not aware that landlords and agents do not all abide by the same standards says Carole Charge, Leaders' technical and compliance director.
This is because there is still no formal regulation in place to prevent landlords and agents who have no experience, qualifications, client money protection or knowledge of the law from practicing. Ironically, there are 100-plus rules and regulations that a property has to pass to be let legally, yet there is no legal requirement for the people actually carrying out the letting to prove that they understand and will comply with them she says.
Charge insists that in the absence of formal regulation, the only way for tenants to protect themselves is to rent through an agent that is a member of a professional, self-regulating organisation such as ARLA or RICS.
She suggests that unregulated agents are able to offer lower commission rates because they do not have to train staff or invest in the resources needed to maintain high standards. As a result they attract landlords and tenants with low fees because most people are not aware of the risks they face.
To help tenants protect themselves, Leaders' advice is to make sure that their chosen agent will do all the following, as part of their standard service:
- Ensure that the property has passed an electrical safety and gas safety inspection and give the tenant a copy of the Gas Safety Record before moving in;
- Check the property is free from condensation, mould, damp, blocked drains or sewage issues;
- Check that all soft furnishings at the property comply with fire safety regulations;
- Carry out thorough health and safety checks, beyond the statutory obligations, and take action to minimise potential hazards, for example, making sure that ponds are covered, safety glass is installed, swimming pools are fenced off, and banisters fitted and in good repair;
- Give prospective tenants a copy of the Energy Performance Certificate before viewing properties so they can make an informed decision;
- Provide Tenancy Agreements written in plain English, with no unfair terms and conditions, as determined by the Competition and Markets Authority;
- Hold the deposit in accordance with the Tenancy Deposit Scheme and have Client Money Protection in place;
- Draw up a detailed Inventory and Schedule of Condition at the start of the tenancy, agreed by both tenant and landlord. This document is key to determining whether the tenant should get their full deposit back at the end of the tenancy or whether any deductions need to be made to cover loss or damage;
- Ensure that the tenant's rights are protected during the tenancy, this includes the right to quiet enjoyment of the property as their own home, with at least 24 hours' written notice given before a visit by the letting agent or landlord, except in an emergency.
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