Whilst a Landlord is granting the Agent authority to represent their interests, the liability remains with the Landlord to ensure the agent performs and complies with the relevant law. Otherwise it is the Landlord who ultimately suffers loss. If you’re a letting agent you must operate the Non-resident Landlord Scheme no matter how much rent you collect, see overseas landlords.
The Letting Agent must not fall foul of their legal obligations towards their clients and perform within the terms of their Management Agreement.
Agents should know defences against tactics that Tenants are using to delay eviction (read more), For if a Tenant is able to delay eviction due to a failure on the part of the Letting Agent, the Landlord may bring a claim for negligence and have a claim for consequential loss against the Agent - more.
Some Landlords use Agents on a tenant find basis whilst others opt for Letting and rent collection or full management. Should an Agent fail in their duties the Landlord will always be liable for their actions - see scope of authority
Letting Agents can issue Section 8 & 21 Notices but CANNOT apply for a Possession Order.
As from 6th April 2012 all Letting Agents will now need to be satisfied that an EPC has been commissioned prior to marketing a property for rental read more
Immigration Act revised 2016 should a landlord or letting agent fail to ensure ALL tenants/occupiers have a righto reside for the duration of the tenancy then they may be fined £3000 for each breach. The Secretary of State may instruct the landlord to remove such persons without the need of a court order by way of reasonable force
Labour market enforcement - restriction on illegal migrants to work. A labour market enforcement undertaking (an “LME undertaking”) is an undertaking by the person giving it (the “subject”) to comply with any prohibitions, restrictions and requirements set out in the undertaking
Under section 42 of the County Courts Act 1984 it is possible for the Court to transfer a matter from the County Court to the High Court for enforcement but leave (permission) of the Court is required first. The transfer time varies from court to court and can take up to 28 days, but normally takes far less. An application to seek permission can be made either at the time of making the possession claim or after possession has been ordered.