Letting agent

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Letting Agent Building in Crewe Letting-agent-crewe.jpg
Letting Agent Building in Crewe

A letting agent is a facilitator through which an agreement is made between a landlord and tenant to rent a residential property. [1] This is commonly used in countries using British English, including countries of the Commonwealth. In the UK, Australia, and New Zealand, the agreement between landlord and tenant is normally formalised by the signing of a tenancy agreement. A letting agency normally charges a commission for their services, usually a percentage of the monthly rent.

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Letting agents will often operate under the umbrella of an Estate Agent due to the synergies that exists between the two professions. Still, there are many agents that deal exclusively with lettings.

Although there are two main types of renting, letting agents deal primarily with tenancies between private tenants and landlords.

Services and fees

There are a number of services offered by lettings agents, including:

Typical letting agent fees to tenants in England and Wales may include:

The chancellor, Philip Hammond, promised to ban letting agent fees in England and Wales in his autumn statement of November 2016. [4] Such fees have been made illegal in Scotland and tenants may reclaim any fees paid through the courts. [5] The majority of lettings agents in England do not charge tenants fees.

To maximise the service that a letting agent provides it is important prospective tenants to make letting agents aware of their requirements before they arrange viewings so that properties are better matched to tenant's needs. Since letting agents act as a matchmaker between property, landlord and tenant it is important for them to gain an understanding of customer requirements including; location, property size, budget, pets, etc.

Regulation

There are currently no statutory arrangements regarding the regulation of letting agents. Around half of UK lettings agents are currently self-regulated. The principal organisations for lettings agents are the Association of Residential Letting Agents (ARLA) and the Royal Institution of Chartered Surveyors (RICS). These have codes of practice and compliance controls which govern the activities of their members.

The English government also provides its own accrediting body for letting agents. This body is called NALS (National Assured Letting Scheme).

In Scotland all landlords must be registered with the local authority. Whilst agents are not required to register, they are actively encouraged to do so. Scotland's rental market is more tightly regulated than anywhere else in the UK. New rules came into force in December 2017 that introduced a raft of changes designed to protect both landlords and tenants, but negotiating the regulations has caused a headache for some property owners.

See also

Related Research Articles

<span class="mw-page-title-main">Renting</span> Payment for temporary use; hiring

Renting, also known as hiring or letting, is an agreement where a payment is made for the use of a good, service or property owned by another over a fixed period of time. To maintain such an agreement, a rental agreement is signed to establish the roles and expectations of both the tenant and landlord. There are many different types of leases. The type and terms of a lease are decided by the landlord and agreed upon by the renting tenant.

<span class="mw-page-title-main">Estate agent</span> Person or business that specialises in the selling or letting of property

An estate agent is a person or business that arranges the selling, renting, or managing of properties and other buildings. An agent that specialises in renting is often called a letting or management agent. Estate agents are mainly engaged in the marketing of property available for sale, and a solicitor or licensed conveyancer is used to prepare the legal documents. In Scotland, however, many solicitors also act as estate agents, a practice that is rare in England and Wales.

<span class="mw-page-title-main">Landlord</span> Owner of a rented building, land or real estate

A landlord is the owner of a house, apartment, condominium, land, or real estate which is rented or leased to an individual or business, who is called a tenant. When a juristic person is in this position, the term landlord is used. Other terms include lessor, housing provider, and owner. The term landlady may be used for the female owners. The manager of a pub in the United Kingdom, strictly speaking a licensed victualler, is referred to as the landlord/landlady. In political economy it refers to the owner of natural resources alone from which an economic rent, a form of passive income, is the income received.

<span class="mw-page-title-main">Lease</span> Contractual agreement in which an assets owner lets someone else use it in exchange for payment

A lease is a contractual arrangement calling for the user to pay the owner for the use of an asset. Property, buildings and vehicles are common assets that are leased. Industrial or business equipment are also leased. Basically a lease agreement is a contract between two parties: the lessor and the lessee. The lessor is the legal owner of the asset, while the lessee obtains the right to use the asset in return for regular rental payments. The lessee also agrees to abide by various conditions regarding their use of the property or equipment. For example, a person leasing a car may agree to the condition that the car will only be used for personal use.

A leasehold estate is an ownership of a temporary right to hold land or property in which a lessee or a tenant has rights of real property by some form of title from a lessor or landlord. Although a tenant does hold rights to real property, a leasehold estate is typically considered personal property.

Key money is one of several forms of payment made to a landlord. The term has various meanings in different parts of the world. It sometimes means money paid to an existing tenant who assigns a lease to a new tenant where the rent is below market. It sometimes means a bribe to a landlord. In other parts of the world, it is used synonymously with normal security deposits, which are used to cover nonpayment of rent and excessive damage to a rental unit.

Property management is the operation, control, maintenance, and oversight of real estate and physical property. This can include residential, commercial, and land real estate. Management indicates the need for real estate to be cared for and monitored, with accountability for and attention to its useful life and condition. This is much akin to the role of management in any business.

A rental agreement is a contract of rental, usually written, between the owner of a property and a renter who desires to have temporary possession of the property; it is distinguished from a lease, which is more typically for a fixed term. As a minimum, the agreement identifies the parties, the property, the term of the rental, and the amount of rent for the term. The owner of the property may be referred to as the lessor and the renter as the lessee.

The private rented sector (PRS) is a classification of United Kingdom housing tenure as described by the Ministry of Housing, Communities and Local Government, a UK government department that monitors the national housing supply.

<span class="mw-page-title-main">House in multiple occupation</span>

A house in multiple occupation (HMO), or a house of multiple occupancy, is a British English term which refers to residential properties where 'common areas' exist and are shared by more than one household.

Landlord harassment is the willing creation, by a landlord or their agents, of conditions that are uncomfortable for one or more tenants in order to induce willing abandonment of a rental contract. This is illegal in many jurisdictions, either under general harassment laws or specific protections, as well as under the terms of rental contracts or tenancy agreements.

A damage deposit or deposit is a sum of money paid in relation to a rented item to ensure it is returned in good condition. They are particularly common in relation to rented accommodation, where they may also be referred to as a tenancy deposit, bond deposit, or bond.

Under the provisions of the United Kingdom Housing Act 2004 every landlord or letting agent that takes a deposit for an assured shorthold tenancy in England and Wales must protect the deposit under an authorised tenancy deposit scheme. The regulations came into effect on 6 April 2007, and were amended by the Localism Act 2011 and the Deregulation Act 2015. Most recently the Tenant Fees Act 2019 provided further protections for tenants.

<span class="mw-page-title-main">Assured tenancy</span> Type of housing tenancy in the United Kingdom

An assured tenancy is a legal category of residential tenancy to an individual in English land law. Statute affords a tenant under an assured tenancy a degree of security of tenure. A tenant under an assured tenancy may not be evicted without a reasonable ground in the Housing Act 1988 and, where periodic changes in rent are potentially subject to a challenge before a rent assessment committee.

<span class="mw-page-title-main">Landlord and Tenant Act 1985</span> United Kingdom legislation

The Landlord and Tenant Act 1985 is a UK Act of Parliament on English land law. It sets minimum standards in tenants' rights against their landlords.

The history of rent control in England and Wales is a part of English land law concerning the development of rent regulation in England and Wales. Controlling the prices that landlords could make their tenants pay formed the main element of rent regulation, and was in place from 1915 until its abolition by the Housing Act 1988.

Rent control in Scotland is based upon the statutory codes relating to private sector residential tenancies. Although not strictly within the private sector, tenancies granted by housing associations, etc., are dealt with as far as is appropriate in this context. Controlling prices, along with security of tenure and oversight by an independent regulator or the courts, is a part of rent regulation.

The Tenancy Deposit Schemes (Scotland) Regulations 2011 came into force on 7 March 2011. Every landlord or letting agent that receives a deposit in Scotland must register with their local authority and join a tenancy deposit scheme.

Rent regulation is a system of laws, administered by a court or a public authority, which aims to ensure the affordability of housing and tenancies on the rental market for dwellings. Generally, a system of rent regulation involves:

<span class="mw-page-title-main">Housing Act 1988</span> United Kingdom legislation

The Housing Act 1988 is an Act of Parliament in the United Kingdom. It governs the law between landlords and tenants. The Act introduced the concepts of assured tenancy and assured shorthold tenancy. It also facilitated the transfer of council housing to not-for-profit housing associations, which was then carried out partly through the system of Large Scale Voluntary Transfer.

References

  1. Ross, Peter (17 April 2021). "Letting agents obligations to Landlords & Tenants". British Landlords Association.
  2. "Full Management Explanation". Lewis & Foy Lettings.
  3. "Liverpool City Council - Landlord Licensing". liverpool.gov.uk. 2023-07-16. Retrieved 2023-07-16.
  4. Asthana, Anushka; Mason, Rowena; Stewart, Heather (22 November 2016). "Chancellor to crack down on letting fees in autumn statement". the Guardian.
  5. "Letting agencies - Shelter Scotland". Scotland.shelter.org.uk. 2012-05-07. Retrieved 2012-06-16.