Re: "Lend me a tenner and I'll buy you a drink" Should guaranteed rental be regulated
In an ideal world yes indeed guaranteed rental should be regulated, the problem lies in the mechanism for actually doing so.
Obviously IFSRA could only influence actions in Ireland, for overseas property that covers virtually no companies of which we're aware.
This leaves it up to the regulatory framework in the country in which the guarantee is being promised and executed so you are down to this country's ability and desire to do so.
It is one thing to say that a developer is including the guaranteed rental in the price of a property but quite another to prove it. Most of them aren't facilitating enough to have one price for guaranteed rental product but another for property with no guarantees. The typical approach is to offer guaranteed rental with a certain block of apartments, but none on a different block with different specifications or on villas in the same development. As these are not equivalent products a valid comparison cannot be made. Even if they did, they are perfectly within their rights to charge different amounts for different 'products' or 'packages' whatever they may be. If someone is stupid enough to fall for an approach which charges different amounts for guaranteed rental properties than standard properites in the same development then no regulation is going to help them in any case.
Issues of non-payment come down to a legal breach of contract, presuming you have it in writing that they will give you the agreed rental. This, of course, involves taking a company to court in a foreign country and most management companies will be well aware that this will be the last resort for most people.
Essentially if you are not dealing with a reputable management entity that has a strong track record and accounts to back up their claims you should be very wary of promises of guaranteed rental. They are often not worth the paper on which they are written.