With the Renters’ Rights Act (RRA) coming into effect from 1 May, letting agents across England are having to overhaul their services to comply with new legal responsibilities. These changes don’t just affect agents - they directly impact how landlords let properties and how tenants secure and manage their homes.
If you’re considering using a letting agent, or you’re already using one, these are the things you should be checking with them to make sure they are best protecting both landlords and tenants under the new law.
#1: Do they have a compliance specialist?
Under the RRA, the level of compliance a letting agent must ensure for their staff, the properties they let, and the landlords they serve is extremely high and complex.
Any agent that does not have a named compliance specialist (or third-party specialist provider) that their staff and, indeed, landlords can liaise with is, in our view, too risky to work with.
This is especially true over the next 1-2 years, as the new rules bed in and, where required, new laws are subject to court rulings in dispute cases.
#2: Are all their staff trained on the new RRA rules?
The second important change to lettings services is that all staff who landlords and tenants work with must be trained in the new rules.
The reason this is so important is that if staff aren’t aware of the new rules now, they could let a property to a tenant that pays upfront, not realising that the tenant won’t be able to renew if required, as rental monies won’t be able to be paid upfront post May 1st 2026.
Another example is that a tenant and landlord sign a three-year let agreement now, which will be invalid by May 1st.
We've been working hard to ensure our landlords stay compliant with the RRA, with over 2,400 of our staff being trained by industry experts Propertymark.
#3: Will continuous training be provided to staff to keep up with the new lettings paperwork and phased changes?
While the RRA changes are being implemented, the government issues ‘guidance’ on topics such as what should be included in the new tenancy agreement and secondary legislation is still required, which adds “further detail to some provisions and to bring the Act’s measures into force.”
In addition, for those tenants who are renting now and will continue to rent post May 1st, a government ‘information sheet’ will need to be issued to the tenant, shared by the government in March. Staff should be receiving regular training to be kept up to date with the phased changes.
#4: Do they have processes in place to ensure tenants are not discriminated against?
With tightened rules on discriminating against tenants, it’s essential that a letting agent understands it will be illegal for landlords in England to discriminate against tenants on benefits and having children, especially stating ‘no DSS’ applications.
It’s important that a letting agent service protects the landlord from these accusations by having a fair policy towards to tenants, particularly in areas where there could be six people chasing each property to let, according to the November 25 Propertymark Insights Report.
A key question to ask agents is ‘how will they decide who should let the property and ensure there is no discrimination?
#5: Do they have systems in place for the upcoming landlord database?
Although this part of the RRA isn’t expected to be implemented until the end of 2026 (or beyond), letting agents' technical systems will need to be changed over the coming months to enable the implementation of the landlord's requirement to sign up to this national landlord database.
This is another key question to ask agents on how they are going to make sure the landlord's details are filled in correctly and who will be responsible for any mistakes that could lead to landlord fines.
#6: Do they have an understanding of the new fines if new RRA laws are broken?
The new fines under RRA are quite harsh and can be charged as civil penalties by Local Authorities without going to court. All letting agents need to be clear on who will be required to pay these fines.
Fines from 1st May 2026 will run into thousands of pounds, for example, if a property is let on a fixed-term tenancy rather than a new periodic tenancy, or if a landlord falsely claims they are moving in or selling through. Fines could increase to tens of thousands of pounds if a landlord doesn’t sign up to the new Landlord Ombudsman or Property Database.
#7: Are they revising their services and/or Terms and Conditions?
A compliant agent will be fully aware of all the processes they will need to change to be able to deliver legally and safely let properties.
The additional checks that an agent will have to make on behalf of a landlord include:-
• When advertising the property, the rent must be carefully considered, as it must be justified as within market rent while remaining attractive and affordable to tenants. Gone are the days when a property could be put up for £1,000 rent per month, and offers of £1,200 could secure the let.
• When managing the property, the agent will need to be aware of any mould or damp and act quickly to address it.
• How to implement rent increases via a Section 13 and make sure the agent is aware and able to manage the rent increase being challenged by the tenant and taken to the First Tier Tribunal.
#8: Do they understand the nuances of the RRA?
There have been many, some misleading, headlines about what the RRA will change; for example, keeping pets. Tenants will not have the right to keep a pet; they will have the right to request a pet, and the landlord cannot apply a blanket ban.
Tenants will need to make the request in writing, and the landlord will need to respond within 28 days, but they can respond with ‘reasonable reasons’ why – and there are quite a few the landlord can prevent a tenant from having a pet, including:
- Leasehold restrictions – many flats are leasehold and these leases often don’t allow pets. In addition, some properties may have covenants which restrict the number of pets you are allowed.
- Allergies – if other tenants and the landlord have allergies to pets, the request can be refused.
- Impractical – for example a Great Dane in a one bed small property which doesn’t have a garden.
#9: Are they reviewing your properties/existing tenancies and highlighting any issues?
A good agent will already be talking to their landlords about the changes and producing guidance of what’s coming up. The best agents will offer to check your property, in person, to make sure it’s compliant with the RRA and explain the new tenancy agreements that will come into effect on May 1st (whatever tenancy agreement you currently have).
We are offering a free Health Check to make sure your property and paperwork is up to scratch.
#10: Is your agent regularly communicating with you with RRA announcements or changes?
Because some landlords use agents to let a property but manage it themselves, it’s essential that agents offer a service to keep landlords up to date on what’s happening and when.
Alternatively, it’s worth landlords considering using the full management service from a qualified agent who has invested what's required to let a property under the Renters’ Rights Act.
This way, the landlord can protect themselves from potential errors that are unlikely to be ‘forgiven’ by Local Authorities in the new regime, and ‘I didn’t know’ is, of course, not a defence!
Whether you self-manage or use a letting agent, it's vital to ask the right questions. Under the RRA, fines can now be issued quickly and without court proceedings - making full compliance essential.
For many landlords, especially in the first year or two of implementation, it’s worth reassessing the risks of self-management versus the protection offered by a qualified, compliant letting agent.
Find out more about our landlord services.
