|
About Letting Agents
Letting Agents provide services to people letting and renting property, however letting agents are paid by their client, who is normally the owner of the property and generally referred to as the Landlord. The person who rents the property from the landlord is known as the Tenant.
The business of being a letting agent is to find new tenants for empty properties that are available for renting, or properties that will shortly become vacant. In addition, many letting agents also provide services for the collection of rent and management of rental property, which is concerned with the day to day business of looking after the property on behalf of the landlord and ensuring that any problems are sorted out.
Letting agents do not need to be licensed or professionally qualified, but many individual letting agents do belong to one or other of the main organisations such as the Royal Institution of Chartered Surveyors (RICS), the National Association of Estate Agents (NAEA) or the Association of Residential Letting Agents (ARLA). In addition, the National Approved Letting Scheme (NALS) is an accreditation scheme for lettings and management agents.
Legislation
A suitably qualified and experienced letting agent will be able to provide advice and guidance on relevant information that affects Landlords, including:
* The Unfair Terms in Consumer Contracts Regulations 1999
* The Gas Safety (Installation & Use) Regulations 1998
* The Furniture and Furnishings (Fire) (Safety) Regulations 1988 (amended 1989 and 1993)
* The Electrical Equipment (safety) Regulations 1994 and Smoke Detectors Act 1991
* The Housing Act 2004
Houses in Multiple Occupation (HMO)
On 6 April 2006 mandatory HMO licensing came into force across England, under the Housing Act 2004. If you let a property which is one of the following types, it is a House in Multiple Occupation and the landlord will require a special licence from the local authority:
* An entire house or flat which is let to 3 or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet.
* A house which has been converted entirely into bedsits or other non-self-contained accommodation and which is let to 3 or more tenants who form two or more households and who share kitchen, bathroom or toilet facilities.
* A converted house which contains one or more flats which are not wholly self contained (ie the flat does not contain within it a kitchen, bathroom and toilet) and which is occupied by 3 or more tenants who form two or more households.
* A building which is converted entirely into self-contained flats if the conversion did not meet the standards of the 1991 Building Regulations and more than one-third of the flats are let on short-term tenancies.
* In order to be an HMO the property must be used as the tenants' only or main residence and it should be used solely or mainly to house tenants. Properties let to students and migrant workers will be treated as their only or main residence and the same will apply to properties which are used as domestic refuges.
Tenancy Agreements
The letting agent may also be responsible for preparing the necessary legal documents required before a tenant can occupy a rented property. In most cases, residential property is let under the terms of an Assured Shorthold tenancy agreement, in accordance with the Housing Act 1988 in England and Wales, and the Housing Act (Scotland) Act 1988 in Scotland, as amended.
Deposits
The Tenancy Deposit Protection scheme is due to come into force on 6th April 2007. This new legislation, introduced by the Housing Act 2004, will apply to all new Assured Shorthold Tenancies that begin on or after 6th April 2007, as well as to all tenancies renewed after that date.
Ombudsman for Estate Agents
The Ombudsman for Estate Agents (OEA) has joined with NAEA to provide an agreed Letting Code of Practice, requiring member agents to meet all their legal obligations when acting as letting agents. The OEA will consider complaints where it is believed a member agency has infringed a consumer's legal rights, not complied with the OEA Code of Practice, acted unfairly, or been guilty of maladministration (including inefficiency or undue delay). The OEA scheme does not cover disputes about surveys and valuations of properties, or property letting and management. For more information about the OEA contact: Office of the Ombudsman for Estate Agents, Beckett House, 4 Bridge Street, Salisbury, Wiltshire SP1 2LX; telephone: 01722 333306; website: www.oea.co.uk.
Complaints
If you have a complaint against a letting agent, you may contact your local Trading Standards office or the Office of Fair Trading: Office of Fair Trading, Fleetbank House, 2-6 Salisbury Square, London EC4Y 8JX; telephone: 020 7211 8000; website: www.oft.gov.uk.
If you wish to complain about a letting agent who is a member of one of the professional bodies such as the RICS or NAEA, their contact details are as follows: Royal Institution of Chartered Surveyors, Surveyor Court, Westwood Way, Coventry CV4 8JE; telephone: 0870 333 1600; website: www.rics.org and The National Association of Estate Agents, Arbon House, 21 Jury Street, Warwick, CV34 4EH; telephone: 01926 496800; website: naea.co.uk.
To find all UK letting agents use our comprehensive directory, by either clicking on the town or county links or by using the search box provided in the top bar.
These notes are offered as a general guide only and do not constitute legal or financial advice.
|
