Advice for letting agents

If a landlord or tenant complains about how you have acted as an agent, we may consider this under our Code of Practice.

This includes:

• Whether you gave reasonable advice
• Whether you followed proper procedures in a timely fashion
• Whether you communicated clearly and accurately

We will not decide whether the law has been breached, but we may consider whether your service or handling has contributed to a complaint arising.

We cannot determine whether there has been a breach of the Renters’ Rights Act.

Where a landlord or tenant claims that the law has been breached, this is a matter for local authorities or the courts/tribunals, who are responsible for enforcing the legislation.

If you receive a complaint, please share our guidance for landlords and guidance for tenants on the Renters’ Rights Act changes to help manage their expectations and signpost who can help them with the dispute.

We expect TPO members to:

• Signpost consumers to the appropriate body to deal with the complaint
• Understand and apply the new rules
• Communicate accurately with landlords and tenants
• Maintain clear and accurate records of actions

Our updated Code of Practice for Residential Letting Agents reflects the new legal requirements under the Renters’ Rights Act.

You may be responsible for handling processes under the new rules. Landlords may rely on you to both advise on these processes and ensure they are handled correctly.

It’s important to remember that landlords may face enforcement action, financial penalties or unfavourable court or tribunal outcomes under the new legislation. Where this happens and we receive a complaint from a landlord, we may consider whether your actions, advice or handling contributed to that outcome.

Tenants may raise complaints about their issues directly with you as the letting agent.

In many cases, these complaints may not be about your actions but about the landlord’s decisions. It’s important to explain to the tenant that disagreement with the landlord’s decisions cannot be resolved through your complaints process and need to be pursued elsewhere. We’ve outlined this in the ‘Common issues’ section below.

Please note, until the new Landlord Ombudsman is operational, tenants will need to refer unresolved complaints to either their local authority, courts or tribunal.

For all complaints you receive, you should:

• Respond clearly and promptly
• Explain your role and any limitations
• Signpost to the local authority or appropriate legal route where necessary

View our handling complaints guidance.

Issue raised by the tenant

Missing tenancy agreement or information sheet

What this relates to

The requirement to provide written terms or government information

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the local authority (via Citizens Advice)

Issue raised by the tenant

Tenancy type/fixed term disputes

What this relates to

Assured Periodic Tenancies replacing fixed terms

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the local authority (via Citizens Advice)

Issue raised by the tenant

Rental bidding

What this relates to

The prohibition on offers being accepted above the advertised rent

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the local authority (via Citizens Advice)

Issue raised by the tenant

Rent in advance/prohibited payments

What this relates to

Limits on rent in advance and the timing of payments

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the local authority (via Citizens Advice or the First-tier Tribunal)

Issue raised by the tenant

Rent increase disputes

What this relates to

Section 13 procedure and the requirement to set a fair market rent

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the First-tier Tribunal

Issue raised by the tenant

Discrimination (due to children/benefits)

What this relates to

The prohibition on discriminatory practices

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the local authority (via Citizens Advice)

Issue raised by the tenant

Pet request disputes

What this relates to

The requirement to consider requests reasonably

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the Court.

Issue raised by the tenant

Eviction/notice disputes (including Section 21)

What this relates to

The use of statutory grounds and correct notice procedures

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the First-tier Tribunal

Issue raised by the tenant

Misuse of 1/1a eviction grounds (sale/moving in)

What this relates to

The 12-month restriction on re-marketing/re-letting

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the local authority (via Citizens Advice or the First-tier Tribunal)

Issue raised by the tenant

Tenant notice to leave refused

What this relates to

The tenants’ right to give two months’ notice on Assured Periodic Tenancies

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the local authority (via Citizens Advice)

Issue raised by the tenant

Student tenancy issues

What this relates to

The application of Assured Periodic Tenancies and student-specific grounds

Who can help

If you and the landlord are unable to resolve a complaint with the tenant, you should clearly signpost them to the local authority (via Citizens Advice)