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The Opposition appear to be shifting tack on HIPs and are now pursuing the question of whether the regulations are being effectively enforced and whether there are outstanding issues of quality and accuracy. This is likely to be in response to the Birmingham situation.

Grant Shapps, the Tory Housing Spokesman asked about the number of penalty charge notices issued for breaches of HIP duties and Eric Pickles, Shadow DCLG spokesman asked about measures to enhance the quality of the pack. Both questions were dismissed by Iain Wright who referred to the consultation on proposals to improve consumer information in HIPs and stressed that enforcement was a matter for local authorities. In respect of penalty charge notices, the enforcement authority is obliged to notify the OFT of breaches.

Rental Market

The Rugg Review on creating a less risky rental market for landlords and tenants was published on Thursday. The review was carried out by the University of York - commissioned by the Government in January of this year - and its principle recommendations are:

• New light touch licensing system for landlords and mandatory regulation for letting agencies to increase protection for tenants
• New independent complaints and redress procedure
• Tax changes eg stamp duty to encourage good landlords to grow and support for landlords prepared to house vulnerable people
• Better local authority support for good landlords in the private rental sector and action against poorly performing ones.

In response, Housing Minister Margaret Beckett said that the Government would carefully consider the findings before setting out the next steps. You can download a copy of Iain Wright's speech launching the review findings here

RICS in response called for any regulation to be light touch and focus on requiring letting agents to provide certain information rather than telling them how to operate. They called on the Government to work with the professional and accreditation bodies to develop a clear, single letting agent code established and maintained by the recently formed Joint Industry Property Standards Board. This would require agents to have insurance and belong to a redress scheme. They also suggested that lettings agents be included in the scope of Estate Agents Act 1979, Property Misdescriptions Act 1991, Consumer, Estate Agents and Redress Act 2007 and the money laundering regulations.

The NLA said the Government's proposals for licensing required "careful consideration" and also sought to be at the centre of discussions going forward.

Estate Agency Regulation - Property Standards Board

The Joint Industry Property Standards Board - set up by RICS, NAEA and ARLA - this week launched a consultation on a draft proposed code for residential estate agency. The code pulls together best practice from existing industry standards and is designed to provide the consumer with a clear view of the scope and level of service they should expect from an estate agent - whether they are a member of a professional body or not. In addition, this single Code would provide a benchmark against which both consumers and redress schemes authorised under the Consumers, Estate Agents & Redress Act 2007 can judge service and complaints. A copy of the draft code can be found on the NAEA website.

It is hoped that the Board will eventually provide cross industry codes to cover all aspects of residential transactions, in both the sale and rental sectors.

RICS is handling the consultation on behalf of the Board and comments are invited by 22^nd December.

Housing Market

A survey published by the NAEA this week suggests that the first positive signs of growth in the housing market returning - in particular, they claim the re-emergence of first time buyers may be the first sign that the recent Government intervention is beginning to work.

The research also showed that the number of sales per agent rose for the first time since January from an average of five sales in August to six in September. The average number of house hunters on agents books also rose slightly again this month from 207 in August to 211 in September. Both figures are considerably down on like for likes September 2007. However, the number of properties on agents books has remained the same at an average of 91.

September shows that the average percentage of first time buyers on agents books is 9.5%, which is an increase from 8.30% the month before, this could suggest that the stamp duty announcement last month has had an affect and restored some confidence.

In September the average time between instruction and sale rose to 14.13 weeks from 8.64 in September 2007 and the percentage of agreed sales which have fallen through also increased this month to 11.72 as compared to 10.22 in August 2008.

Estate Agency

Market Intelligence provider, Key Note, this week published its latest Estate Agency Market Report. This forecasts that the number of transactions and estate agency revenue will continue to decline for the rest of the year and next, with no sign of recovery until 2010.

By 2012, the industry will look very different with fewer agents in business and far fewer on the high street. They point out that property advertising on the internet rose by around 70% in 2007. They also predict fewer people selling via an agent at all.

In response, Peter Bolton King said the industry would "come back stronger ... the cream rises to the top"

Estate Agency

James Sherwood Rogers of Landmark this week comments on the Pitt Report into Flood Risk in Estate Agency Times.

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