Agent With Tenant
Although the agent is not 'engaged' by the tenant, the agent nevertheless provides services to prospective tenants and those who become tenants through the agency relationship.
The following are the minimum:
Impartiality. An agent must ensure that none of the parties is disadvantaged because they are unfamiliar with any aspect of the letting process. An agent must offer appropriate explanations and assistance to all, regardless of race, religious belief, gender, sexuality, ethnicity, or disability.
Duty of care. The agency's primary focus is on the person paying for the letting agency services (usually the landlord). However, the agent must always treat all involved in the proposed letting fairly and professionally, such as the prospective tenant, guarantors, referees, etc. If the agent or one of its staff has any personal or business interest in the property, the other parties must be told where relevant. The duty of care extends to the tenant's safety and right to enjoy quiet possession.
Discrimination. It is unlawful to discriminate against a prospective guarantor or tenant based on the protected characteristics listed in the Equality Act 2010 (disability, race, sexuality, etc.). The agent is expected to treat people fairly, professionally, and transparently.
Fees. Although limited under the tenant fees ban, the agent must be transparent about any fees or charges the prospective tenant may incur; it is required to disclose these in any advert for the property before arranging any viewing or on the tenant applying for the property. Any fees or charges payable during or after the tenancy should be clearly stated in the tenancy agreement. All fees must be displayed in a place likely to be seen in the agent's office and on any website (if any), including VAT if applicable.
Holding the property. If the agent agrees to 'hold' the property for a prospective tenant, the agent must be clear about the terms, which should be placed in writing. If a holding fee is taken, the terms and basis of loss/refund must be transparent and fair.
Offers. Once an offer is accepted but before the tenancy agreement is in force, the agent must inform the applicant whether marketing is to continue.
Deposits. Any deposit the tenant may be required to pay at the beginning of a tenancy, held by the agent, should be kept in a client account. Where the law requires it, any deposit taken on an Assured Shorthold Tenancy must comply with tenancy deposit regulations so that the tenant's deposit is safe.
Tenancy Agreement. Tenants must be supplied with a draft Tenancy Agreement to read before signing, accurately describing the property and the term.
Inventory and schedule of condition. The agent should ensure that the tenant receives an impartial and skillfully drawn inventory/schedule of the property's condition immediately before moving in. It should list and describe the whole property and current condition as a snapshot, inside and out, and include any furniture, fittings and equipment.
Access. An agent may not enter a let property without the tenant's consent except in a genuine emergency.
Consents. If a tenant requests permission to have a pet during the tenancy, the agent must put that request to the landlord and consider it individually. Blanket bans are not fair and may be unenforceable.