Agents are reminded of the Government consultation now taking place on new proposals for the private rented sector.
The consultation runs for an extremely short time. Launched on August 3, it closes on August 20 if you are responding by email, or on August 27 for those completing the online consultation form.
The consultation is running alongside plans by the Government to fine and even imprison agents and landlords who flout the law on immigration checks of tenants.
The consultation makes little reference to the Government’s forthcoming immigration proposals, but should nevertheless be read in that context. One of the reasons to punish agents and landlords would be that they have let to an illegal immigrant.
Aside from the very short timeframe for responses, we are conscious that many agents will be on holiday during this period.
So please can we once again encourage both firms and individuals to look at the consultation and make your views known – even if from your sunbed.
The paper asks for feedback on a number of proposals.
These include – for the first time – the mandatory banning of a letting agent so that they could no longer operate.
The proposal is important, as currently there is no mechanism to ban a rogue letting agent from the industry.
The proposal may not go far enough, as it seeks only to ban “persistent” offenders, who have been found guilty in a court of a serious offence, or on lesser offences on at least two occasions.
While grounds for a ban could include “fraud”, it does not spell out the all-too common scenario by which a rogue agent happily skips off into the sunset taking with them tenants’ deposits and rental money owed to landlords.
Generally, it seems the proposals are lacking in the kind of detail which our readers may be happy to supply.
The paper also proposes, in tandem, a blacklist of rogue landlords and letting agents. However, the paper admits it is unclear as to who would have access to such a blacklist. Councils maybe, but tenants no.
Other proposals include a far more onerous testing of the “fit and proper person” status that is needed to manage an HMO.
The paper also proposes the mandatory sharing of tenancy deposit scheme data with local councils, and a new regime of civil penalties which would, if implemented, affect letting agents.
The paper can be found here, and we urge you to please take a look and respond (even if you are on holiday and have to do it from beside the pool).
There are not many opportunities to express an opinion on the future of the private letting sector, but this is one.
Comments (2)
Its a chance for good letting agents to highlight the bad practises. Legislation can be a good thing used to lever out the bad.
By doing nothing, its not fair to later say that things should be improved, when you could have suggested better reform.
I know this is an opportunity but they have had all of this before, they’ve done their own thing, ignored what they have been told so to ask again is some sort of perverse game; let’s see how many times the idiots will fall for it.
There is no doubt I could contribute but I’m not going to, I will sit back an mock whatever it is they come up with that won’t work. It will cost me less in time and effort and the result of doing nothing is exactly the same as being ignored. The only upside is no-one gets to playing top trumps egos at my expense.