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What are the Roles and Obligations of Letting Agents to Landlords & Tenants?

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Letting agents provide several services for tenants and landlords. Some are especially limited to their obligations, while others are undertaken for the landlord, who may eventually be held legally liable.

Letting agents in Tewkesbury share how they owe similar responsibility to landlords and renters for the services they provide.

Give information about the landlord:

The letting agent must provide guidance and vital details on the rental property to the tenants. Renters are legally allowed to find out the identity of their landlord through letting agents. The landlord’s complete name and address, either for their house or their place of business, should be given to the tenant.

Establish a line of communication:

To provide information to potential renters on costs, the opportunity to cancel, and the right to a cooling-off period. Also sharing all documentation and information related to the deposit and protection. Ensuring that potential tenants are aware of the terms of the lease, the leasing procedure, and their access to and/or chance to obtain legal counsel before signing any agreements.

Before operating on behalf of the landlord, informing landlords in writing of the services and goods offered. Informing the landlords of their statutory and contractual duties. When it comes to crucial communication between the renter and landlord, the renting agency serves as a go-between. This is particularly significant in terms of repairs. Any issues must be reported to the landlord as quickly as feasible by the rental agency, who must also inform the tenants in full of the suggested fix.

Codes of conduct for letting agents:

All letting agents have been required by law to subscribe to any of the three redress programs since October 2014. This not only safeguards the interests of customers but also provides renters with an official entity to approach in certain cases.

There are possible consequences for letting agents not subscribing to any of the organisations, or for failing to fulfil the necessary criteria. Property Redress Scheme, The Property Ombudsman, and Ombudsman Services are the three programs.

A letting agent’s membership might be terminated for violations of the code of practice or code of conduct. Unhappy landlords or renters can report to the appropriate professional body about a letting agent’s behaviour.

Cannot charge tenants for a lot of services:

With the newly passed Tenant Fees Act, letting agents now have extra legal obligations. They are no longer able to pass on the costs of credit checks and references, as they could in the past.

Rent, holding and security deposits, and fees for breaching the lease agreement are the only charges that landlords and letting agents can levy renters. Lawbreakers face harsh repercussions. The first time, there is a £5,000 fine with the possibility of criminal prosecution for further infringement in five years.

Follow GDPR guidelines:

The General Data Protection Regulation (GDPR) established a new rule for managing citizen data. From May 2018, any leak from consumer records of those subscribers who have not voluntarily chosen to hear from a business is strictly regulated. High penalties for breaking GDPR will be imposed on letting agents that refuse to follow it as it is one of the major legal obligations.

Deposits have to be in a plan:

Tenants’ security deposits must be protected by letting agents through any one tenancy deposit program. They must register with the Tenancy Deposit Scheme, My Deposits, or DPS i.e. Deposit Protection Service in England and Wales. In the 30 days following the receipt of the deposit, landlords and letting agents must take action. It ensures that renters will receive the entire sum if they have cooperated with the conditions of their rental contract, paid their utilities and rent on time, and have not harmed the property.

Carbon monoxide and smoke detectors:

Smoke detectors are required on every level of rental properties, as well as carbon monoxide detectors in every space that has a solid source of fuel. Similar to Legionella assessments, it is a legal obligation of the landlord that is enforced by letting agents that manage their homes.

Share copies of the safety certificates and the EPC:

Letting agencies are required to produce all necessary paperwork, including electrical EICRs and gas safety records. A copy of the certificates must be given to the renters before their relocation as required by law. EPC should also be provided to each resident who moves in. By law, the landlord is ultimately responsible for this, however letting agencies typically assume this role in interests of their customers.

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