Ombudsman Services:Property. Peter Bolton-King FRICS - "Transparency and Accountability." (679)

To the Leader of the House of Commons;

For Clarity - Attempt 679.

679. Ombudsman Services:Property. Peter Bolton-King FRICS - "Transparency and Regulation."

Dear Mrs Leadsom,

Peter Bolton-King FRICS Global Property Standards Director is on record as saying this about the lettings market,

1) "They are the ones drawing up the letting agreement but, again, it is all about transparency, as far as we are concerned....

2) The requirement to be transparent, as far as our members are concerned, is already there sir. We expect all our members to be totally transparent.....

3) The situation that we have at the moment is that the whole approach to regulation seems to me to be very inconsistent, fragmented and confusing for the consumer not to mention burdensome on business...we feel that we should have a holistic approach to the whole thing. This may or may not require landlords, in some shape or form, to be in some scheme."

4) First you have inconsistent regulation.

5) The second point, if I were talking to the Minister, is that we have poorly targeted regulations.

6) The third point I would make to the Minister is that we currently have ineffective and inconsistent enforcement of even the existing legislation. That is leaving a whole great load of unregulated agents to quite honestly flout the existing law and often with few consequences for doing so.

(www.publications.parlaiment.uk/pa/cm201213/cmselect/cmcamloc/uc/953-iii/uc95301)

It most certainly is all about transparency or the lack of it.

Q1. Mrs Leadsom, it is all about transparency so why aren't property complainants who use The RICS, "appointed" Ombudsman Services:Property told that RICS surveyors' fees pay for the running of the redress scheme?

Q2. Mrs Leadsom, it is all about transparency so why aren't property complainants told that the Property Ombudsman is a member of RICS although the company's Terms of Reference state that such an arrangement is not permitted?

Q2 cont. Mrs Leadsom, the EU Directive - EU/11/2013 - states quite clearly that such an arrangement is a conflict of interest. Why is such an obvious conflict of interest permitted in England but not in the rest of Europe?

Q2 cont. Mrs Leadsom, why are European consumers better protected from rogue operators then is the case in England?

A holistic approach to regulation is long overdue

The RICS say, (or once said),

"We cannot award compensation or force Members or Regulated Firms to do anything - or refrain from doing anything - even if that means they are in breach of RICS Rules and Regulations."

Q3. Mrs Leadsom, why has The RICS apparently removed the above statement from their website?

Q3 cont. Mrs Leadsom, where has The RICS' transparency that Peter Bolton-King was talking about, gone?

Q3 cont. Mrs Leadsom, why can't The RICS force its Members or Regulated Firms to do anything - or refrain from doing anything - even if that means they are in breach of RICS Rules and regulations?

Q3 cont. Mrs Leadsom, how can this supine ineptitude be called, "regulation?"

Q4. Mrs Leadsom, what can be more inconsistent than RICS the regulator not enforcing its Rules and Regulations? 

    Q5. Mrs Leadsom, we're talking to the Minister - you - why have The RICS been     
   permitted to have such poorly targeted regulations?

Q6. Mrs Leadsom, hasn't The RICS' ineffective and inconsistent enforcement of its Rules and Regulations honestly led its Members and Regulated Firms to flout the Rules and regulations?

Q6 cont. Mrs Leadsom, hasn't this total failure of regulation led to an explosion of costly property disputes being transferred by its Members and Regulated Firms to its Ombudsman at its, "appointed" company who duly and dutifully lets them off the hook or slaps them on the wrist with a 50 quid fine?

We believe that this is Fake Regulation or more accurately, Rigged Regulation and that it has very successfully combined with Fake Redress or more accurately Rigged Redress to protect corrupt and inefficient businesses from the hugely burdensome cost of having to compensate their clients/victims in full.

We've put the coffee on - isn't it time you woke up and smelt it?

Yours sincerely,

Steve Gilbert - Workstock Number - 510458.

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