Client Money Protection – a letting agents dilemma

Personally I very unlikely to use a letting agent that is
not a member of ARLA; there are enough good agents that are members of ARLA, to
remove the need to consider using any other agents.

I don’t know what SafeAgent provides above ARLA membership,
I believe that ARLA covers a landlord if an agent runs off with the money.

I know there are other options to ARLA, but way brother when
most good agents are members of the ARLA anyway?

I reckon English councils will be watching with interest the Welsh licencing experience.
I could easily see the English councils saying what a good idea it is working well in Wales , we will introduce it to England.
Can you see many councils passing up the opportunity of fees from about 31/2 million rental properties!!!!
Defacto the UK will have LL licencing and property licencing.
The wonga that each council could obtain is just too good to pass up.
I don't think they would lose many votes when they advise the local electorate that they will be charging LL fees to operate as a business!!!!!.........and so assisting the council to keep libraries and swimming pools open!!!?
I am afraid we as LL are going to be royally -crewed under this localism agenda which ALL councils will adopt regarding LL and their properties.

You are probably correct Paul. However, we at SAFE agent have been engaging with those who are researching such plans and hope to positively influence any decisions - we are not alone. ARLA and RLA are working hard on this as well and contrary to popular belief, we work together.

Am I missing the point here? If an agent belongs to an approve body they can have client money protection. If they fail to live up to the ideals of the approved bodies are they still allowed to trade? So what's the point.

Hi Muiry

There are several points but the main ones are:-

1) The Estate Agency Act needs to be changed to make it illegal for letting agents to trade without Client Money Protection Insurance

2) In the meantime it's buyer beware. If an agent doesn't belong to one of the 5 organisations that insists on client money protection insurance then you as a landlord or tenant are putting your money at risk. Make sure you check.

There are several honest letting agents that are not members of an organisation which insists on Client Money Protection Insurance. Like Mark Trenfield, they are unlikely to go to the hassle and expense of joining one of the 5 organisations unless it becomes law or unless they can see that they are losing too much business by not becoming a member. If the law doesn't change then it's up to the industry and the 5 professional bodies to let landlords and tenants know about the risks of dealing with a letting agents which refuses to join their organisations. sadly, this is a slow process and lots of people will lose lots of money in the meantime.

TPO backs Client Money Protection (CMP) and calls for more landlords to seek the greatest protection rather than the cheapest fee when choosing a letting agent

Fresh calls for letting agents to offer CMP have been backed by TPO in the wake of several high-profile cases where landlords have lost thousands of pounds in rental income by dealing with an agent that did not have sufficient cover to protect consumers from rental fraud.

TPO’s support for CMP comes almost a year since the cover became available to the whole of the lettings industry through trade bodies and insurance brokers.

TPO provides a free, fair and impartial dispute resolution service for consumers. The scheme operates a one-off membership fee for agents and does not charge any case fees to ensure every registered agent is able to refer complaints to the Ombudsman if they cannot reach a resolution with the consumer directly. With more than 11,000 lettings agents already voluntarily following TPO’s unique Code of Practice, the scheme represents more than 60% of the industry.

Gerry Fitzjohn, Chief COO of TPO said: “As the UK’s largest property redress scheme, it’s truly upsetting to hear of cases where landlords have lost thousands of pounds in rent paid to an agent that has been used unlawfully and cannot be recovered because the agent did not have CMP cover in place.

“Rather than choose to use an agent that charges the lowest fee, landlords must ask if the agent has a CMP policy in place to protect their rental income.

Within the industry, thousands of agents are already CMP protected but there are still a number of firms that are unaware of the scale of protection it offers. A TPO survey even revealed that some agents wrongly thought CMP duplicated the deposit protection schemes when that simply isn’t the case.

With more people renting now than ever before, landlords and agents need to understand that CMP provides the guaranteed assurance that the rent collected by CMP protected agents is covered against fraud and unlawful use.

TPO wholeheartedly supports CMP cover – the more the industry speaks out about this issue to raise awareness the better.

More than £23 billion is paid annually in rent, of which £6 - £10 billion is collected by agents on behalf of landlords . With 80% of TPO’s letting agents understood to have CMP cover through their trade body or an independent insurance broker, landlords are being urged to ask their letting agent if has CMP cover to protect the landlord’s rental income.

Susie Crolla, CEO of the Guild of Letting & Management, extended her support by saying: “I feel it is important that we demonstrate best practice in everything that we do; even when there is as yet no legal requirement for us to do so. From 1 October 2014, therefore, being registered with TPO and having CMP cover will become a mandatory condition of membership for The Guild Subscription.

While many members of The Guild are already registered and covered, this decision is an important step akin to an ‘outward sign of inward grace’. It sends a message to our stakeholders that we are serious about adopting the highest standards of professionalism and integrity as an organisation that is progressive and can be trusted.”

Oliver Wharmby of Lonsdale Insurance Brokers Ltd, which operates the PI + CMP scheme, said: “Recent press headlines have really hit home how rental fraud can affect agents of all sizes. Smaller firms may initially question the cost of CMP cover but all it takes is one rogue employee and innocent directors can find themselves in awful trouble with their landlords and the police.

Consumer education is key – agents must use their CMP cover as a point of difference over competitors. We’re hearing that more landlords are starting to ask the right questions which is driving more agents to seek cover. However, it’s only when every landlord insists their agent offers them CMP protection that we will see a level-playing field where CMP is offered by all.

Our PI + CMP scheme is offered exclusively to agents registered with TPO and lets consumers know the agent has comprehensive Professional Indemnity Insurance and CMP.”