Letting Agents

Debate between Gregory Campbell and Sarah Champion

Wednesday 27th February 2013 Westminster Hall

[Sarah Champion]

My hon. Friend makes a good point. It is both tenants and landlords who suffer from unscrupulous letting agents, and we must do more to protect them. This cannot continue.

Up-front fees present a significant barrier to low-income people looking to rent, in some cases with serious consequences. The charity Crisis contacted me about Danny, a 34-year-old man who became homeless after a family break-up. Danny was given a list of letting agents who were happy to take housing benefit tenants. He called them daily for several weeks, looking for a property. He was eventually offered a flat and told that he could move in after six weeks.

Danny secured a crisis loan to help him pay rent in advance. The agent asked him for a £250 administration fee, refusing to confirm in writing what the fee was for or to provide a signed tenancy agreement. The agent then told Danny that others were interested in the property and asked for an additional £800 holding fee to keep the flat off the market. He knew Danny’s situation but refused to reduce the fees. Although he tried to scrape together the money, Danny could not take up the tenancy. Having forgone his place in a winter shelter, he slept rough before going to Crisis. He is now living in a hostel and looking to move into private rented accommodation again. I would love to say that Danny’s story is unique, but it is not.

[Mr Gregory Campbell (East Londonderry) (DUP)]

I congratulate the hon. Lady on securing this debate. She is telling a harrowing story about the individual whom she named. Does she agree that regulation must include transparency and clarity about any additional charges, so that potential tenants and landlords can be absolutely clear what they are being charged and why?

[Sarah Champion]

I completely agree, and I thank the hon. Gentleman for that intervention. What I am asking for most is a shopping list of fees, so that people can go in with their eyes wide open. What I am finding is that people—whether tenants or landlords—enter a tenancy agreement, and then additional fees are sprung on them, which is unacceptable.

According to Which?, some tenants are being charged up to £90 to renew an existing tenancy: that is, to stay in a property for which they have already undergone checks and been paying rent. Equally insultingly, some letting agents charge £120 to check out of a property; let us hope that the hotels do not catch on to that scam.

I recently encountered a case in Rotherham in which a vulnerable couple with dependent children paid a month’s rent in advance and a £100 administration charge to the letting agent. They were not given receipts. The couple were informed that the property was available and were given a date to move in. However, the house was in a state of disrepair. There were structural problems and exposed wiring and damp, and it was not suitable to live in without work.

The couple did not waive their rights to a seven-day cooling off period, and decided not to move into the property. They telephoned and wrote to the letting agent to cancel the agreement within the designated time limit, but the letting agency made it difficult for the clients to get back their deposit and administration fee. It took considerable time for the letting agent to agree to refund the advance rental payment. No mention was made of refunding the administration fee.

A report by the independent Resolution Foundation found three key areas of concern regarding fees and charges levied by unscrupulous letting agencies. First, there is a substantial disparity in the fees charged by different agents for similar services, but no apparent difference in the quality of the service received. Secondly, moving into the private rented sector generally entails significant up-front costs due to fees and charges. Thirdly, charges are too often hidden in the small print and people are exploited by unfair fees that they were unaware they would face.

All those issues were highlighted in an investigation by the Office of Fair Trading whose findings were released two weeks ago. The OFT found that although the lettings market is a significant part of the UK economy, it generates an extraordinarily high level of complaints. The investigation found that the main areas of concern for tenants were surprising and high charges, confusion about holding deposits, misleading advertising, repairs not being carried out and the non-refund of security deposits. The OFT also found that landlords’ concerns focused, among other things, on agents not doing what was agreed in the contract and not passing on collected rents to landlords.

As a result of its investigation, the OFT has called for better up-front information, including clear tariffs of fees and charges at the start of the process and certainly before any contract is signed, and a redress mechanism so that landlords and tenants can sort out problems when they occur. The OFT has also called on the Government to require agents to sign up to a code of practice or join a redress scheme, and it questions whether the level of consumer protection provided by law is right for the sector.

With such a weight of evidence, why is it that despite the reports from Citizens Advice, the Resolution Foundation, Which? and now the Office of Fair Trading, despite the calls for action and support for change from millions of tenants and landlords and despite calls for change from the industry itself, including the Association of Residential Letting Agents, the Labour party and the Royal Institution of Chartered Surveyors, the Government have so far not been moved to act? They voted against the Labour Opposition motion last month calling for action on the private rented sector, including on letting agents. The Government did not accept Baroness Hayter’s amendment in the Lords to include letting agents in redress schemes, which would have been a small step towards greater protections for tenants and landlords, and one of the first actions of the then Housing Minister, the right hon. Member for Welwyn Hatfield (Grant Shapps), was to scrap the last Labour Government’s proposals to regulate letting agents.

I hope that this Minister for Housing, the hon. Member for Hertford and Stortford (Mr Prisk), despite having voted against Labour’s proposals last month, will now consider changing course. Action to regulate letting agents would benefit tenants and landlords, providing protection for their money and appropriate redress mechanisms. It would also benefit the industry as a whole, protecting the reputations of responsible agents, and the economy: a report by the Royal Institution of Chartered Surveyors found that regulation of the industry could generate more than £20 million in benefits per year to the UK economy. Given that millions of families throughout the country are living through the biggest squeeze on living standards in a generation, action on fees would ease the pressure for tenants.

Will the Government act now to protect tenants and landlords by regulating letting and management agents? It is not a party political request; regulation is supported by the industry itself. Will the Government act now to end letting agents’ confusing, inconsistent and opaque fees and charges by ensuring transparency and comparability? Will they undertake to review the fees that letting and management agents can charge? Labour has repeatedly called on the Government to act now to change the private rented sector so that it works for all. There is no better place to start than with the lettings industry.