ICO praises estate agents' commitment to data protection as rogue company boss prosecuted

A targeted campaign by the Information Commissioner's Office (ICO) to get property agents to register under the Data Protection Act has seen a dramatic rise in compliance across the sector.  

Since the ICO's campaign began in September 2010, an additional 2,500 property agents have signed up, with 5,057 estate agents and 2,669 letting agents currently compliant. The campaign was undertaken after concerns that many property agents were unaware of their legal requirement to register.

Under the Data Protection Act (DPA), organisations processing personal information are required to register with the ICO. Failure to register is a criminal offence and could lead to a fine of up to £5,000 in a Magistrates Court, or unlimited fines in a Crown Court.

That's the offence that a Hertfordshire estate agent was prosecuted for earlier this month, after failing to register with the ICO despite being contacted on three separate occasions. Ray Butler, of Butlers Estate Agents, was convicted under section 17 of the Data Protection Act at Hertford Magistrates Court. He has been fined £300 and has also been ordered to pay £405 towards prosecution costs, as well as a £30 victims' surcharge. 

Stephen Eckersley, Head of Enforcement, said: 

"Registration is not just a legal requirement under the Data Protection Act, but shows that a company is committed to looking after people's information correctly. This is particularly important for property agents as they will be handling highly confidential information relating to people's finances."

"Since we launched our registration campaign in September 2010 we've seen a 36% increase in the number of estate agents who've signed up, with an even more impressive 88% increase among letting agents. We would like to congratulate the industry for stepping up to the mark and showing that they take their legal responsibilities seriously. "

"However, today's prosecution shows that rogue companies remain. This is not acceptable, and we will continue to take action where it is clear that a company is operating in blatant disregard of the law."

  

Butler had been contacted on three separate occasions by the ICO and reminded of the need to register, but failed to reply on each occasion. 

We're pleased to confirm that Applegate are members of the Information Commissioner's Office and have been since opening in 2010.

• Advice and guidance on how organisations can register with the ICO can be found here 
• The ICO has produced an online self-assessment tool which companies can use to find out if they need to register. The tool is available on the ICO website here. 
• If you need more information, please visit the website here.

Article taken from www.arla.co.uk

Tenants staying in properties for longer, says ARLA

Tenants are staying in rental properties for a longer period of time, according to new research by ARLA.

It found that the typical renter stays in the same home for 20 months, which is the joint highest tenancy length recorded by the organisation.

This figure is up year on year from an average of 19 months in the first quarter of 2012, indicating that tenants are starting to take a longer-term view of renting a property.

Nearly 57 per cent of ARLA agents reported they are seeing more people looking for homes than there are properties available.

This high level of demand is making the market very competitive and may be discouraging existing tenants from moving, which in turn reduces the number of vacancies on the market.

“Our data suggested that tenants are increasingly sitting tight in their property and either reluctant, or unable to move. This stagnation means fewer and fewer properties are freed up,” commented Ian Potter, ARLA managing director.

Image: Pedro Tavares/Shutterstock

Abbey Drive, Shepley

3 Bedroom, semi-detached property in Shepley

House to let – Abbey Drive, Shepley

Property type: 3 bed semi-detached
Location: Shepley, Huddersfield
Rental: £625 pcm
Min term: 6 months

Set in the highly regarded village of Shepley is this three bedroom home with dining room, gardens to three sides and garage. All within a stones throw of Shepley train station.

This lovely home briefly comprises; Entrance hall, lounge with double glazed window overlooking the front garden, breakfast kitchen, dining room overlooking rear garden. A staircase rises to the first floor where there are two double bedrooms, single bedroom and house bathroom. The property is modern throughout and is completed with double glazing and gas fired central heating. Externally the property occupies a fabulous corner plot with the advantages of gardens to three sides, driveway and garage (internal pictures to follow).

• 3 Bedrooms
• Dining room
• Modern throughout
• Gardens to three sides
• Garage
• Double glazing
• Gas fired central heating
• Close to train station
• Bond: £725
• Available now

To enquire about this property, please contact us on 01484 682999

Heritage Mills, Golcar

Apartment to let – Heritage Mills, Golcar

Property type: 1 Bedroom Apartment
Location: Golcar
Rental: £395 pcm
Min term: 6 months

A high quality, one bedroom apartment set in beautiful woodland surroundings in the sought after location of Heritage Mills, Golcar.

This high quality apartment boasts; entrance hallway with secure entry system and alarm, contemporary house bathroom with granite finishes and shower over bath, one double bedroom of a good size with views over the woodland, and dining/living/kitchen. The kitchen has a clear divide and is complete with integrated washer/dryer, dishwasher, fridge, freezer and oven, and there are ample units to both the high and low level. The living/dining area has neutral carpets and a feature fireplace and mantle. Overall this property is of a high quality and offers modern, secure accommodation for young professionals or retired persons alike. Externally the property has communal areas and dedicated parking space for one vehicle plus additional visitor parking. DSS considered but must have bond and full references.

• 1 bedroom
• High quality apartment
• Dining living kitchen with integrated appliances
• Bathroom with shower
• Allocated parking and visitor parking
• Set in beautiful woodland surroundings
• Alarm and double glazing
• Unfurnished
• Available Now
• Bond: £495

To enquire about this property, please contact us on 01484 682999, or for further images and floor plan, please click here. 

Please note the administration fees involved in applying for any property with Applegate Lettings are as below;

First applicant application fee – £100 + VAT
Additional applicants including guarantors – £65 + VAT
Fees will not be taken until we are in receipt of completed application forms
Check in fee (payable only once tenancy approved) – £55 + VAT

North Road, Kirkburton

House to let – North Road, Kirkburton

Property type: 2 bed terrace house
Location: Kirkburton, Huddersfield
Rental: £425 pcm
Min term: 6 months

A pretty two bedroom cottage set in the heart of Kirkburton with off street parking and small rear yard area.

This lovely terrace property is offered on an unfurnished basis. Stone steps lead up to the ground floor where the entrance door leads into a lobby area. On the ground floor there is a good sized lounge and breakfast kitchen with breakfast bar. There is a doorway in the kitchen that gives access to a small rear yard area and another door which leads down to a very good sized, dry cellar. A staircase rises to the first floor where there are two bedrooms (one good sized double, one single). This floor is also home to a fully tiled, stylish shower room with double shower, WC and wash hand basin. There is an off street parking space positioned directly in front of the property. The property has gas fired central heating, double glazing, and has good access to road and bus networks.

• 2 bedrooms (1 double, 1 single)
• Well presented
• Good size lounge
• Large cellar
• Modern shower room with double shower
• Off street parking
• Small rear yard area
• Close to local amenities
• Bond: 625
• Available now

To enquire about this property, please contact us on 01484 682999, or for further images and floor plan, click here. 

Please note the administration fees involved in applying for any property with Applegate Lettings are as below;

First applicant application fee – £100 + VAT
Additional applicants including guarantors – £65 + VAT
Fees will not be taken until we are in receipt of completed application forms
Check in fee (payable only once tenancy approved) – £55 + VAT

NOW LET

NOW LET – Cowlersley, Huddersfield

Property type: 2 bed semi detached

Location: Huddersfield
Rental: £475 pcm
Min term: 6 months

A recently modernised, very pretty, spacious two bedroom home with off street parking and gardens to three sides.

This lovely home requires an early viewing in order to avoid disappointment as it is sure to be snapped up quickly. Set back from the main Manchester Road in Cowlersley in a quiet position, this semi detached home has plentiful off street parking, lawned gardens to three sides and has recently undergone a programme of refurbishment.  Briefly comprising; Entrance lobby, lounge, modern breakfast kitchen complete with granite style breakfast bar, cooker, hob, extractor, fridge/freezer and units to both the high and low level. There is also an additional storage cupboard. A staircase rises to the first floor where there is a good sized double bedroom, complete with fitted wardrobes and a good sized single bedroom and house bathroom. All this in a quiet location but within walking distance to the main bus routes into Huddersfield.

• Recently refurbished
• 2 bedrooms
• Gardens and ample parking
• Quiet yet convenient location

Alice Beer explains why tenants are to be given the right to challenge rogue letting agents for the first time.

We've come across a fantastic article on This Morning's website dealing a viewer's request for their consumer expert, Alice Beer, to investigate estate agent fees. Being an ARLA registered agent ourselves, we appreciate that This Morning have brought the importance of dealing only with ARLA registered agents to the nation's attention.

This Morning's Article.....

VIEWER ENQUIRY

This week we are responding to an email from viewer Katie Evans from Hastings who asked: "I am emailing you as I was wondering if consumer expert Alice Beer could investigate estate agent fees. I am looking to relocate to Southampton in July this year to be close to family and after speaking to several agents in this area I have found that their fees are all different and all extortionate. The prices I have been quoted for just myself range from £250 to £475 and this is not including the months rent, holding fee and deposit."

SO WHAT'S GOING ON?

3.6 million households in England are currently renting. Two thirds of all private tenancies involve an agent - and while house prices soar and stricter mortgage lending is enforced - the letting market will just keep growing. 

SURELY LETTING AGENTS HAVE TO TELL YOU ABOUT FEES UPFRONT?

At the moment letting agents are not governed by any legislation and up until last week there was no need for them even to be members of any regulatory body that offered any form of redress. Estate agents have to work within the Estate Agent Act (1978) which tells them when they must tell a client fees.

WHAT HAPPENED LAST WEEK?

Last week – after an investigation and pressure from the OFT an amendment was made to the ‘Enterprise Bill’ which is currently going through Parliament… saying that all letting agents will be required to join an approved complaints scheme...

RIGHT OF REPLY

Ian Potter, Managing Director of the Association of Residential Lettings Agents said: 

"Letting agents fees will vary across the country depending on the different services that are provided by agents. However, all ARLA licensed letting agents must adhere to our strict code of conduct and should be completely upfront with both tenants and landlords about any fees. If landlords or tenants are charged unclear or hidden fees, then they can lodge a complaint directly with ARLA or the Property Ombudsman."

WHAT'S THE GOVERNMENT DOING ABOUT THIS?

Last week, the Government announced an amendment to a bill that is going through Parliament at the moment, tightening the regulation of letting agents and requiring all agents to sign up to a mandatory redress scheme.

FOLLOW THIS ADVICE FROM CAB:

Before you register you must find out:

• Details of the services it provides
• Full details of the charges it makes
• Whether it is a member of a trade body such as ARLA, NAEA, RICS or NALS as it must have a complaints procedure and protect your money if the agency goes out of business
• Whether the agency has a complaints procedure and whether it is a member of an ombudsman scheme
• Details of the tenancy deposit protection scheme its uses.

You can expect to be charged:

• Administration fees
• A non-returnable holding deposit
• A security deposit

Before Register:

• Use an agency which is a member of a self-regulating trade body
• Association of Residential Letting Agents (ARLA)
• National Association of Estate Agents (NAEA)
• Royal Institution of Chartered Surveyors (RICS)
• UK Association of Letting Agents (UKALA).

The agency cannot charge you:

• To register with the agency.
• For a list of properties available for renting.
• A deposit which will be returned to you if it does not find you a suitable property.

Here at Applegate Lettings we are proud to be one of the few ARLA registered letting agents in the area so you can rest assured that we adhere to the strict code of conduct set out by ARLA and will be absolutely upfront with both tenants and landlords about any fees. All fees are displayed on the property advert so prospective tenants know what costs are involved before they even arrange a  viewing!


Image: Texelart/Shutterstock