Letting Agent Duties and Landlord Liability Under the Renters' Rights Act

Handing your property to a letting agent does not hand over the landlord's statutory responsibilities. If your agent fails to serve the Information Sheet, files a rent increase using the wrong form or advertises with a blanket "No DSS" restriction, you may still face enforcement for duties the Act places on you. Some provisions also allow direct enforcement against agents.

What the Agent Must Do in Practice

A letting agent acting on your behalf must follow the Renters' Rights Act rules that apply to its conduct and the tasks it carries out. The key duties include:

• Serving statutory documents: the Information Sheet to existing tenants by 31 May 2026 (already passed — check it was done), the Written Statement of Terms for new tenancies, and the How to Rent Guide
• Using the correct forms: Form 3A for Section 8 possession notices, Form 4A for Section 13 rent increases — not the pre-May 2026 versions
• Advertising lawfully: stating a specific rent figure (no bidding invitations), no blanket exclusions of benefit recipients or families with children
• Collecting permitted payments only: maximum one month's advance rent, deposit capped at five weeks' rent (six weeks if annual rent exceeds £50,000), no prohibited fees
• Processing pet requests: responding in writing within 28 days, not refusing unreasonably

The agent faces direct enforcement for some breaches — Trading Standards can penalise an agent who encourages rental bidding, for example. But for most compliance failures, it is the landlord who is the "responsible person" under the Act.

Why the Liability Sits With You

The statutory framework makes the landlord the duty-holder because the landlord is the party to the tenancy. Your agent is your delegate, not a substitute. If the local housing authority investigates a missing Information Sheet, they look at who was obliged to serve it (the landlord), not who was supposed to do it on your behalf (the agent).

Your recourse against a negligent agent is contractual — a claim under the management agreement. But that is a separate matter. The council's penalty and any Rent Repayment Order hit you first.

This creates a real problem for "fully managed" landlords who assume everything is handled. In practice, agents vary enormously in how quickly they adapted to the new rules. Some updated their templates and processes before 1 May 2026. Others are still serving old forms or have not updated their advertising copy.

How to Audit Your Agent

You do not need to micromanage, but you do need to verify. A quarterly check takes 20 minutes and covers the essentials:

1. Ask for copies of every statutory document served on your behalf — the Information Sheet, the Written Statement of Terms, any Section 8 or Section 13 notices. Check they used Form 3A and Form 4A, not the old versions.

2. Review the property listing — check that it states a specific rent figure, contains no discriminatory language and does not invite offers above the asking rent.

3. Confirm deposit protection status — ask for the deposit scheme certificate and the prescribed information. Verify the protection has not lapsed.

4. Check the management fee structure — some agents have used the Act as justification for fee increases. Ask what has actually changed in their workload versus what is a margin increase dressed up as compliance cost.

5. Request a compliance statement — a written confirmation from the agent that they have met all Renters' Rights Act obligations for your property. If they refuse or cannot provide one, that tells you something.

When the Agent Relationship Breaks Down

If your agent has made a compliance error — served the wrong form, missed the Information Sheet deadline, advertised discriminatorily — you need to fix it yourself, not wait for the agent to acknowledge the problem. Serve the correct documents directly, update the listing yourself if the agent will not, and put the agent on written notice that you hold them responsible for the breach.

Whether to stay with the agent or move to self-management (or a different agent) is a commercial decision. But the compliance obligation does not pause while you sort out the relationship.

The Renters' Rights Act for Landlords guide includes a letting agent oversight checklist that maps every statutory duty to a verification step, so you can audit your agent's compliance in one sitting without needing to cross-reference the legislation yourself.

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