Franchisee fraud it is your problem!
publication date: Aug 3, 2009
The last 18 months of economic
uncertainty have left
consumers looking for even
greater reassurances when
choosing a letting agent. It is
therefore imperative that
agents not only ensure they are protected
as a company but that they say clearly what
they are doing to look after the best
interests of their customers. The National
Approved Letting Scheme (NALS)
continues to protect tenants and landlords
through their agent accreditation, which
encompasses Client Money Protection
(CMP) insurance. Recent news reporting
multiple cases of fraud among some high
profile lettings franchise operations has
highlighted the vital importance of
franchisor’s sound selection procedures
before they take on a new franchisee and
training, monitoring of compliance of
standards once the franchise is agreed.
NALS is currently dealing with a number
of claims on its own CMP scheme where
individual franchisees have defaulted.
NALS’ CMP scheme guarantees full
consumer reimbursement in the event of
misappropriation or losses by franchisees.
Caroline Pickering, NALS Independent
Chair, is adamant that franchisors cannot
stand aside from any responsibility for
cases relating to their businesses,
particularly when consumers are being
openly deceived.
“Some lettings agencies may be
experiencing difficulties in this economic
climate and now is the time that
franchisors should be giving increased
support to struggling franchisees, who may
be new to the industry,” she says. “In
relation to franchise operations, we should
be stamping out any doubtful activity in
order to protect the consumer. That’s why
franchisors need to take responsibility by
keeping a tighter rein on those who operate
under their brand – not only to ensure the
consumer is protected, but to fulfil their
undertakings and safeguard their brand.Agents cannot use schemes like NALS’
CMP to bail them out. Such initiatives have
been developed to protect the consumer –
but they are not a ‘Get out of jail free card’
for rogue agents.”
These sentiments are echoed by Mike
Goddard, CEO, Belvoir Lettings. Goddard
feels very strongly that while fraudulent
franchisees must be held ultimately
accountable for their actions, franchisors
must ensure they’re operating responsibly
from the outset.
“Franchising is essentially a process
whereby people who often have very little
experience of being involved in a particular
industry, are equipped with the tools to run
a successful business,” he says. “It is
indisputable that the franchisor is wholly
responsible not only for the franchisee that
is selected to represent their brand, but for
their initial and ongoing training and
education, as well as constant monitoring to ensure that new branches and their
management are completely up to speed.
All franchisees are brand ambassadors and
they must act as such.”
Goddard founded Belvoir Lettings in
1995, and opened his first franchise the
following year. Today there are 146
branches across the UK and Goddard is
also the chairman of the British Franchise
Association (BFA).
“The purpose of the BFA is to promote
standards-based, self-regulating, ethical
franchising. While the organisation is
committed to promoting best practice, our
remit isn’t industry-specific. The BFA
doesn’t provide client money protection,
but that’s precisely why Governmentbacked
schemes like NALS exist – to
ensure that there are relevant industry
defences in place for the consumer.”
Among letting agents, the NALS
accreditation kitemark acts as a guarantee
of best practice. Any agency acting
improperly is immediately stripped of their
NALS accreditation. The vast majority of
franchisees operate in a perfectly proper
and responsible manner, but a rogue
franchisee not only damages the consumer,
but undermines responsible agents.
Where negligent franchisors continue to
let failures fall by the wayside, NALS will
act in the interests of both tenants and
landlords to ensure that no innocent party
loses out. But, as Caroline Pickering says,
“This is one of the reasons that NALS is
working with Government to implement
tighter industry regulation – to ensure that
there are cast iron guidelines in place for
everyone operating in the sector. While
NALS’ framework sets down firm criteria
for best practice, franchisees that ‘buy their
way in’ need additional support from
within, and this can only be the duty of the
franchisors under whose licence they
operate and who are paid for their licence.