Last seen in the UK forcing Building Societies to demutualise – which many I see as one of the contributing factors to the current credit crisis – but that’s another story. Now the Carpetbaggers have returned to the housing market in another guise – Sell and Rent Sharks.

The Office of Fair Trading (I know it’s an Oxymoron) reports.

Some consumers enter into sale and rent back transactions when this is not the best option for them
• Some sale and rent back firms may mislead customers as to the value of their property or the security they have as tenants. This includes telling people they will be able to stay in their home for years, when in reality the tenancy may only be guaranteed for six to 12 months
• Some firms impose substantial rent increases or even evict tenants after a short tenancy period. It is also possible that tenants may lose their homes if the landlord defaults on the mortgage, and
• Dome consumers are evicted because they cannot afford the agreed rent, which suggests staying in their property was not sustainable in the first place.

As a result, the main recommendation the OFT report is that there should be statutory regulation of the sale and rent back sector by the Financial Services Authority (FSA). The details of regulation will be up to the FSA to determine but the OFT considers it should include:

• An obligation on sale and rent back firms to be more transparent about the initial valuation and sale price, the terms of the tenancy and the amount of rent to be paid. In particular, firms must offer forms of tenancy that match the assurances they give to customers, and
• A requirement on firms to tell consumers about the free, independent advice available to them before they decide to sell.

John Fingleton, OFT Chief Executive, said:

‘Our research shows that sale and rent back deals have potential to cause serious and permanent harm to often vulnerable homeowners. The unfamiliar and highly pressurised situations that these people find themselves in may leave them particularly vulnerable to misleading statements or valuations from sale and rent back firms looking to make a deal.

‘Even those customers for whom sale and rent back might be the best option could be unaware they are currently bearing almost all of the risks.

‘Recommending statutory regulation is not something we do lightly or often, however in this case we consider it necessary to put a stop to the unacceptable behaviour of some sale and rent back operators and to ensure consumers are better protected.’

Fine words but how often has the OFT been found wanting?

Hat Tip: Harpymarx.