Terms of business for a letting agent

A letting agent's terms are read by regulators as well as landlords, and they have to satisfy both: fees displayed, memberships stated, the landlord's own duties left with the landlord, and the agent's fee protected when the landlord renews, sells or leaves. I draft those terms for a fixed fee of £995, delivered in five working days.

Who this is for

Letting agents and property management businesses in England and Wales offering let-only, rent collection and fully managed services to private landlords, who are usually consumers for the purposes of consumer law, and to portfolio landlords and companies who are not. The terms are written for both.

What matters in letting agent terms

Services, fees and what the law requires you to show

The terms should set out each service level and its fee, when fees are earned and invoiced, and what is charged as an extra. Under section 83 of the Consumer Rights Act 2015 letting agents must display their fees and state their redress scheme membership under the Redress Schemes for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc.) (England) Order 2014 and their client money protection membership under the Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019, and the Tenant Fees Act 2019 bans most fees charged to tenants, so the landlord's terms should show all charges to the landlord plainly and should not depend on income from tenants that the law prohibits.

The landlord's duties stay with the landlord

The terms should say that the landlord remains responsible for the property's safety and compliance, the deposit's protection under the Housing Act 2004, the tenant's right to rent under the Immigration Act 2014, the annual gas safety check under regulation 36 of the Gas Safety (Installation and Use) Regulations 1998, licensing and consents from lenders, freeholders and insurers, and that the agent arranges what it is instructed to arrange and does not take on the landlord's legal duties. The agent should require the landlord to provide the certificates and documents the tenancy needs before it starts. The Renters' Rights Act 2025 is changing the tenancy regime as it is brought into force, including the move to periodic tenancies and the end of section 21, and the terms should say that the agent's procedures follow the law as it stands from time to time.

Authority, repairs and client money

A managing agent needs authority to instruct repairs up to a stated amount without reference to the landlord, and beyond it with approval, and the terms should set the limit, say that emergency works may exceed it, and that contractors are engaged on the landlord's behalf. Rent and deposits held by the agent are client money held under the scheme the agent belongs to, and the terms should say how it is accounted for and when statements are sent.

Renewals, the tenant's purchase and fees on exit

The terms should say that a renewal or extension with a tenant the agent introduced carries a renewal fee, that if the landlord sells to the tenant or the tenant's connected person a fee is payable, and that fees continue for the period stated after the agreement ends where the tenant remains. Against a consumer landlord those terms must be fair and prominent under the Consumer Rights Act 2015, and the reasonableness of a renewal fee depends on the work done for it.

Termination, notice, data and liability

Either side should be able to end management on a stated notice period, with the handover of documents, keys and funds and the fees payable on exit set out. Tenant and landlord data are processed under the UK GDPR and the Data Protection Act 2018 with the agent as controller for its own business. Liability should be capped at the fees for the property over a stated period, with consequential loss excluded, tested for reasonableness under the Unfair Contract Terms Act 1977 and not applied against a consumer landlord's statutory rights. Interest and compensation on late payment apply to company landlords under the Late Payment of Commercial Debts (Interest) Act 1998.

What it costs

Customer or supplier terms and conditions, £995. One set of terms, customer-facing or supplier-facing, drafted for your business. Five working days.

Review of your existing terms, £495. You already have terms and want them checked and brought up to date. Returned marked up with my amendments and an explanation of the changes. Three working days.

Buying online forms the engagement on payment. The scope is what the terms and conditions drafting page describes, you accept the Terms of Service at checkout, and I email you within four working hours to get started. If you would rather ask something first, email me.

What you get

• A full set of bespoke terms drafted for your business, reflecting the legal requirements that apply to your business and sector
• A note in plain English explaining the terms I have drafted for you
• Liability, payment, termination and IP provisions that protect your position and are drafted to withstand scrutiny from the other side
• Guidance on how to incorporate the terms properly
• Your questions and comments answered by email or phone
• One round of amendments to finalise the terms ready for use

What is not included

• Negotiating your terms with individual customers (I am happy to quote for this as an additional service if required)
• Sector-specific regulatory compliance beyond the contract terms themselves
• Website privacy notice and cookie compliance, which I quote separately
• Terms governed by the law of another country
• Tax advice

Questions I am often asked

The landlord sold the flat to our tenant and refuses to pay a fee. Where do we stand?

If the terms provide for a fee where the landlord sells to a tenant the agent introduced, and the term was prominent when the landlord signed, the fee is payable. Against a consumer landlord the amount must be fair; a percentage of the sale price is harder to defend than a fixed sum reflecting the introduction.

Can we authorise a boiler repair without asking the landlord?

Up to the authority limit in the terms, and beyond it in an emergency where the terms provide. Record the instruction and the reason.

The landlord did not provide a gas certificate before the tenancy. Whose problem?

The landlord's, if the terms make the landlord responsible for the property's compliance and require the certificates before the tenancy starts. The agent should decline to start the tenancy without them.

Related guidance and services

• Terms and conditions drafting, £995, the service this page describes
• Contract review, £495
• Terms and conditions for a block management company
• Terms and conditions for a property inventory clerk

This page is general guidance for businesses in England and Wales, not advice on your own circumstances. Last reviewed: September 2026. Email geoffrey@caesar.co.uk.