The role of the letting agent: the position in 2026
The role of the letting agent is to act as a mediator between landlords and tenants during the rental process and throughout a tenancy. Agents manage property listings, screen potential tenants, handle rent payments, and provide advice on legal obligations under both parties' contracts. This role becomes particularly important with the Renters' Rights Act 2025 (RRA 2025) enhancing protections for tenants while imposing stricter regulations on landlords and agents.
2026 update - Renters' Rights Act 2025: Renting law has changed significantly. The Renters' Rights Act 2025 abolishes Section 21 'no-fault' evictions, ends fixed-term assured shorthold tenancies in favour of rolling periodic tenancies, and creates a new mandatory PRS Landlord Ombudsman plus a Private Rented Sector Database that landlords must join. The Act is being brought in over 2026, so check the current commencement position for any specific provision. See our Renters' Rights Act 2025 guide for the full picture.
In 2026, letting agents must balance these new responsibilities against traditional ones like property management and dispute resolution. The shift towards more strong tenant protections means that agents now have a duty to ensure compliance with the RRA 2025, including facilitating periodic tenancies from day one without fixed-term agreements and ensuring adherence to the Decent Homes Standard. This context is important for both tenants seeking reliable accommodations and landlords aiming to maintain compliant operations.
What the law says
The legal framework governing letting agents includes several key statutes. The Housing Act 1988 (s.21) permits landlords to issue a Section 21 notice without cause, but this provision was largely repealed by the Renters' Rights Act 2025. Additionally, s.8 of the same act outlines how agents can manage tenancies, including serving notices and making repairs. The Housing Act 2004 (s.213-215) mandates that letting agents register with local authorities if they're responsible for managing property on behalf of a landlord.
The Landlord and Tenant Act 1985 (s.11) governs the responsibilities of landlords regarding repairs. Which directly impacts how agents must handle maintenance issues. The Deregulation Act 2015 (s.33) set rules around deposit protection schemes. Requiring letting agents to safeguard deposits within 30 days of receiving them. the Tenant Fees Act 2019 prohibited letting agents from charging certain fees, such as rent payments and renewal fees.
These laws collectively ensure that letting agents operate transparently and ethically, protecting both landlords' interests in property management and tenants' rights to a safe living environment.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 (RRA 2025) significantly reshapes the role of letting agents by abolishing Section 21 notices, meaning landlords must now provide valid reasons for evicting tenants. At The role of the letting agent, this shift moves rental agreements towards periodic tenancies from day one rather than fixed-term contracts, allowing for more flexibility but also greater stability and security for renters.
The RRA 2025 extends the Decent Homes Standard to the private rented sector (PRS), requiring letting agents to ensure properties meet minimum habitability standards. This includes measures like preventing damp and mould infestations and ensuring adequate heating systems. Additionally, Awaab's Law is extended to cover private landlords, obliging them to maintain a healthy living environment.
The Act also mandates that all PRS homes are registered in the newly established PRS Database, giving agents a important role in compliance monitoring and reporting. it establishes a Private Rented Sector Ombudsman to handle disputes between tenants and landlords or agents impartially.
These changes elevate letting agents' responsibilities by necessitating rigorous oversight of property conditions and tenant welfare, ensuring that rental practices align with broader housing rights frameworks.
What this means for tenants
The Renters' Rights Act 2025 (RRA 2025) significantly impacts tenants' positions in their tenancies. Tenants are no longer at risk of arbitrary evictions through Section 21 notices, which forces landlords to give valid reasons such as non-payment of rent or breach of contract terms when seeking eviction.
With periodic tenancies from day one, tenants gain greater flexibility and security. They can move out more easily than under fixed-term agreements but also benefit from a continuous rental relationship without renewals every year. This stability allows for better budgeting and peace of mind regarding housing costs.
The Decent Homes Standard extension ensures that properties must meet basic living conditions, including structural integrity, heating, lighting, and sanitation standards. Agents are expected to facilitate repairs when necessary, ensuring that tenants have a safe and healthy environment throughout their tenancy.
Tenants should familiarise themselves with these new rights by reading the RRA 2025 provisions carefully or seeking guidance from organisations like Shelter or Citizens Advice. Understanding these changes can help prevent disputes over living conditions or eviction notices.
What this means for landlords
For landlords, the Renters' Rights Act 2025 (RRA 2025) imposes stricter compliance obligations and new responsibilities regarding property management and tenant welfare. At The role of the letting agent, landlords must now ensure their properties meet the Decent Homes Standard, requiring regular maintenance to prevent issues like damp and mould.
The abolition of Section 21 notices means landlords need valid reasons for eviction, such as rent arrears or breaches in tenancy agreements. This change necessitates clear communication with tenants about terms and conditions from the outset to avoid misunderstandings later on.
Landlords are also required to register their properties in the Private Rented Sector Database (PRSDB) once the commencement order is made. Letting agents will play a important role here by ensuring compliance, as non-registration can result in fines or penalties under the new regime.
landlords must adhere to annual rent caps set by local authorities to prevent excessive increases that could unfairly impact tenants. Agents should be well-versed in these regulations to advise on permissible rent levels accurately.
Overall, landlords need to work closely with letting agents who understand these legal requirements and can help deal with the complexities of modern rental management under the RRA 2025 framework.
Common scenarios
- Tenant Eviction Notice: A tenant receives a notice from their landlord through a letting agent claiming non-payment of rent, despite having proof that payments were made via direct debit. The tenant should review bank statements and request a formal dispute resolution process as outlined in the tenancy agreement or local housing authority guidelines.
- Mould Infestation: After several months into a new tenancy, tenants notice extensive mould growth throughout their home. They inform the letting agent who fails to respond adequately despite repeated requests. Tenants may seek assistance from environmental health services at their council, potentially escalating to the Housing Ombudsman if initial complaints are unresolved.
- At The role of the letting agent, Illegal Fees: A tenant is charged a fee by a letting agent for renewing their lease agreement when no such fees are legally permissible under the Tenant Fees Act 2019. The tenant can report this breach of law directly to the local authority and seek reimbursement via the deposit protection scheme if applicable.
Evidence tenants should keep
Tenants should maintain thorough documentation throughout their tenancy to protect their rights in case disputes arise with letting agents or landlords. Key evidence includes:
- Property Condition Reports: Initial reports detailing the state of the property at move-in, along with any follow-up inspections.
- Rent Payment Records: Proof of rent payments via bank statements and receipts for direct debits.
- Correspondence: All emails, letters, and communications regarding repairs, maintenance requests, and disputes.
- Photos and Videos: Visual evidence of property conditions, particularly concerning issues like damp, mould, or structural damage.
- Lease Agreements and Contracts: Copies of tenancy agreements and any additional contracts signed with the letting agent.
Collecting this information ensures tenants have a full record to support their claims in case legal action becomes necessary. Shelter advises keeping these documents organised and readily accessible for quick reference when needed.
What to do if things go wrong
If issues arise during your tenancy, such as disputes over rent payments or property conditions, follow these steps:
- At The role of the letting agent, Write a Complaint Letter: Address your concerns directly to the letting agent in writing, detailing specific problems and requesting resolution.
- Contact Council Environmental Health: If the issue involves health hazards like mould infestations, contact environmental health services at your local council for guidance.
- Deposit Scheme Dispute: If you believe you have grounds to reclaim your deposit due to breaches of contract terms or poor conditions, notify your deposit protection scheme within the stipulated period (usually 21 days after leaving).
- Housing Ombudsman Complaint: For unresolved complaints about letting agents or landlords, escalate the issue to the Housing Ombudsman for impartial investigation.
- PRS Ombudsman: If disputes pertain specifically to private rented sector practices under the Renters' Rights Act 2025, contact the newly established Private Rented Sector (PRS) Ombudsman.
- First-Tier Tribunal: For more serious issues requiring legal intervention, consider filing a claim at the First-Tier Tribunal for Property Chamber.
- County Court Action: As a last resort, seek redress through county court proceedings if all other avenues fail to resolve your concerns satisfactorily.
Each step represents an escalation point in addressing disputes, from direct communication with agents to formal legal action when necessary. Consulting solicitors or organisations like Shelter can provide additional support and guidance throughout this process.
Common mistakes to avoid
Both tenants and landlords often make errors that complicate their rental relationships unnecessarily:
- Ignoring Property Condition Reports: Not completing thorough initial reports upon move-in may lead to disputes later over damage claims.
- Failing to Register Properties: Landlords neglecting to register their properties in the Private Rented Sector Database (PRSDB) once commencement orders are made can result in fines and legal issues.
- Overcharging Fees Illegally: Letting agents charging tenants fees banned by the Tenant Fees Act 2019 can lead to financial penalties and reputational damage.
- Mismanaging Repairs: Delaying or neglecting necessary repairs as mandated under Awaab's Law can expose both parties to health risks and legal repercussions.
- Inadequate Communication: Failing to maintain clear, open lines of communication regarding rent payments, maintenance issues, and tenancy terms often exacerbates misunderstandings.
Avoid these pitfalls by ensuring all documentation is up-to-date, maintaining regular property inspections, adhering strictly to legislative requirements, and building transparent relationships between agents, landlords, and tenants. Shelter provides useful resources for preventing common mistakes through proactive management practices.
Where to get help
For assistance dealing with tenant rights and disputes, consult organisations like Shelter, Citizens Advice, or your local council's housing team. Legal aid may be available in certain circumstances; check eligibility criteria on the government website.
Shelter offers detailed guides and helpline support for tenants facing various issues, including eviction notices, repair obligations, and fee disputes. Similarly, Citizens Advice provides free legal advice through their network of advisers across the UK. Local council housing departments can also offer guidance specific to your area's regulations and services.
These resources help ensure you receive accurate information tailored to your situation while protecting your rights under the Renters' Rights Act 2025 and other relevant legislation.