A sneaky Lords amendment by Baroness Gardner (left) has seen the licensing of leasehold managing agents added to legislation to license the widely-abused letting agency business.
And Sir Peter Bottomley is urging the Government – in the form of officials at the Department of Communities and Local Government – from blocking the measure at the last minute.
The Enterprise and Regulatory Reform Bill is now heading back to the Commons next Tuesday (April 16) with the following:
“33. Lords Amendment 40 would extend the definition of “estate agency work” in the Estate Agents Act 1979 which would mean that the provisions of that Act would apply to persons carrying out the activities described in the revised definition, as well as to the services that estate agents provide in relation to the disposal or acquisition of land. Those activities described in the amendment are: acting on clients’ instructions in relation to the letting of an interest in land, managing lettings and block management arrangements (such as in the residential leasehold sector) and any management activities undertaken by any person in the course of a business in connection with land or interests in land.”
http://services.parliament.uk/bills/2012-13/enterpriseandregulatoryreform/documents.html
It is widely thought our old friends at the DCLG will step forward an amendment seeking to exclude managing agents.
Officials there have long track records of believing that there simply is not an endemic problem with the current regulation of leasehold and – in spite of the overwhelming evidence – no widespread abuses.
Sir Peter writes to Housing Minister Mark Prisk and Chief Whip Sir George Young:
“Could I, could we, please be advised urgently whether the department and government expect to accept this Lords amendment or whether there will wrongly be an attempt to exclude managing agents?
“Managing agents who act properly have nothing to fear and nothing to lose. Leaseholders will go on suffering otherwise.”
Bottomley is echoing calls for Prisk to back the amendment from Which?; The Association of Residential Letting Agents; The Property Ombudsman; RICS; Shelter; and the Residential Landlords Association.
All are calling for “greater consumer protection “in the letting and managing agent markets” through a “simpler more joined up regulatory approach than that provided by the myriad of local accreditation schemes”.
Related posts:
Baroness Gardner calls for leaseholders’ money held by managing agents to be protected
Younger managing agents seek answers over leasehold reform (without the usual agendas of the trade bodies)
Leasehold Bill from ALEP receives a few home truths in the Lords
Lords debate leasehold reform
Managing agents owned by landlords must come clean … says leading managing agent
Tchenguiz falls out with his ex-Israeli intelligence operatives … and now they are suing each other
It is erroneous to state that because of some startling abuses by a few that the industry is therefore rife with widespread abuse. What is more widespread is people, often residents Man Cos as well as freeholders, and small dabbling agents, blundering around with little understanding of the rights and obligations- from unprotected money to under insured buildings to agreeing matters in small committees without Section 20 consultation. I strongly agree with licensing not just regulation, but the above should be dragged kicking and screaming into the fold, otherwise a LL might simply escape regulation by doing management “in house”.
Trixie Gardner is a property speculator, of the worst kind. She is clearly pursuing her own interests, as usual.