Ensuring lettings agents in Reading comply with the Consumer Rights Act In this feature | lettings agents | rent with confidence scheme | landlord compliance s a es fe as Su o h ent with dings R Rea Scheme fidence Con ched on as laun w er 2017, ovemb 14 N raising aim of with the f private uality o the q s in the d home rente | Evans rea. Pau a xplains e T Many trading standards authorities are stepping into the world of private sector housing he world of private sector housing and letting agents is onein which trading standards officers (TSOs) are increasingly involved. Fortunately, trading standards hasalways been excellent at adapting its service to suit the needs of local people. Many TSOs are embracing work to protect private tenants in their area, and support letting agents and landlords to comply with the changing legislation. Recently, I undertook a two-year secondment with Readings private sector housing team, after the adoption of the Private Rented Sector Housing Charter by Reading Borough Council in October 2015. The charter sets out key actions the council will take to help and support tenants, landlords, and letting and management agents to deliver a safe, healthy and thriving private-rented sector in Reading. A number of these actions employ the knowledge and experience of TSOs to tackle issues through the effective use of consumer protection legislation. I discovered quickly that trading standards has the tools at its disposal to make a real impact and, essentially, help to drive up standards. As well as from feesand redress, we have served notices and have many ongoing prosecutions, including taking action against two agents under the misleading omission provisions of the Consumer Protection from Unfair Trading Regulations 2008 (CPRs) who were misleading tenants as to their energy supply arrangements. We are also in the process of taking action under the aggressive commercial practices provisions of the CPRs against landlords who were repeatedly entering into a tenants property without the required notice, and threatening appLICaBLE LEgISLatION eviction if they made a complaint. As well as fees and redress, action Also, landlords who fail to register deposits has been taken in Reading on lack of are having action taken against them as either a compliance with legislation including: misleading omission or a breach of professional the Consumer Rights act 2015 diligence under the same regulations. the Consumer protection from unfair Ensuring letting agent compliance trading Regulations 2008 the Business protection from My primary objective was to ensure all letting misleading marketing Regulations 2008 agents within the Reading borough were the Energy performance of Buildings members of a redress scheme and compliant (England and Wales) Regulations 2012 with the provisions of the Consumer Rights Act the Housing Health and Safety Rating System (HHSRS) under the Housing act 2015, which require them to publicise fees. We 2004 decided to establish strong relationships with the many agents in Reading and allow them, where required, a small amount of time to achieve compliance. During pre-arranged visits to the agents, I discussed all aspects of their business that would come under consumer protection legislation. This approach exposed those who were lacking the necessary knowledge, and gave me a good idea about where to target our resources effectively. It also opened up a route of communication between the agents and myself that has been invaluable. Letting agents are only a part of the jigsaw landlords pose a very different problem. Many are businesses and subject to the same legal obligations as agents. In my experience, however, their knowledge of consumer protection law is poor. It will come as no surprise that those landlords who are non-compliant with the legislation are also those that the team is looking at for housing-related offences. Rent with confidence After improving standards and establishing confidence throughout the agent and landlord community, the Reading Rent with Confidence Scheme was launched on 14 November 2017. Designed by the councils private-rented sector team, in consultation with many stakeholders, its aim is to rate landlords and agents based on set criteria. Members achieve a Bronze, Silver or Gold award based on their ability to achieve the criteria. For example, ensuring all properties are free from category 1 hazards such as a leaking roof or vermin problem with direct reference to the Housing Health and Safety Rating Scheme, is a requirement of bronze-level status; removing to let boards at the point of signing the tenancy agreement is needed for silver; while a commitment to attending training sessions and update meetings is a must to get gold, for which there are more than 25 criteria. Officers inspect several landlords or agents properties to determine which category they should achieve, and conduct an audit to establish if they meet the set criteria. The scheme has been well received and demonstrates a commitment by the council to work with professionals to deliver decent, quality accommodation from reputable landlords and agents. As the private-rented sector is growing rapidly in Reading, the scheme will promote tenants choice and rights, while ensuring that landlords and agents are taking responsibility for their properties. As for me, I have been given a permanent role within the private sector housing team and am looking forward to the challenges ahead. Ibelieve I am making a difference and would encourage other trading standards services to look at developing similar arrangements within their authorities. Credits Paul Evans is senior trading standards officer private sector housing at ReadingBorough Council. 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