Letting Agents Conduct
Code of Conduct for Letting Agents

 

The Code of Conducts may impose some interesting rights to you as one of their landlords or tenants: - 

The Letting Agent should disclose an interest in any maintenance contractor they instruct.  For example, if the Letting’s manager also owns a ‘odd job man business’ then he/she should disclose to your that interest when offering you the ‘odd job’ man’s service. 

Being closely involved in the property market, and often a combined Estate Agent and Letting Agent, you will often find that owners of such firms will also own property for letting.  An Agent should disclose their interest in any property that they offer to you as a tenant.  Similarly, if an employee of the Agent rents a property belonging to a client’s landlord then full disclosure of this fact is required. 

It would come as no surprise that members of such codes cannot overstate market appraisals.  If a Letting Agent overstates your anticipated rental income then that Letting Agent can be in breach of the imposed code but one should add; such a breach is often very difficult to prove.  It is advised that any potential breach be reported, by virtue of a series of similar complaints the scheme administrator could find in your favour i.e. The Letting Agent is guilty on the grounds of  ‘balance of probability’. 

 

Unknown to most would be the Letting Agent’s duty to obtain confirmation that interested parties have been informed that the property is let.  For example, the Mortgage Lender must be told that the property is let. 

The Letting Agent must not offer bogus properties in order to boost positive perception. 

The Agent must obtain dates that the landlord wants to commence advertising the property for let.  The Agent must not offer the property to let prior to the foresaid date. 

On a similar note the two points immediately above apply to ‘To Let’ and ‘Let by’ signs.   Signs must also be removed promptly after the new tenants have moved into the property i.e. within 30 days. 

You must be given the Agent’s Terms of Business on first communication, whether by writing or in person. 

Members firms are not advised to accept offers if they are not made by the tenant or landlord themselves i.e. not offers made by relocation agents.  Furthermore, diligence is required if the tenant does not view the property prior to making an offer of rent. 

 

Viewings must not cease until the landlord accepts an offer for rent.  For example the Agent must not favour one viewing over another unless he/she has a genuine good reason to do so. 

The Agent must take reasonable steps to verify the tenants Identity and keep appropriate records. 

The tenancy agreement must confirm by whom should the Tenancy bond (deposit) be taken and held. 

Letting Agent’s should adhere to its own written policy in respect to collection of rents. 

Agents should within reason obtain confirmation that contractors have appropriate professional indemnity insurance.

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