Landlord Obligations

Although the landlord will delegate his duties and obligations through the agent, he still has several obligations towards the agent.

• Ownership: The landlord must produce evidence to the agent about ownership and changes in ownership. All owners must consent to the letting, and the agent is entitled to full disclosure about ownership. It is common for an estranged spouse to let something slip behind their partner's back. In those circumstances, the landlord must give the agent consent from all joint owners.
• Consent: The landlord must obtain any necessary consents to let. This could be from a freeholder or a mortgage company. Planning consent or a licence for an HMO may be required. The landlord must produce satisfactory evidence in writing to the agent before a let.
• Conditions: Conditions or restrictions may affect a letting. A head lease or covenant may restrict the occupier's age. There may be obligations and restrictions around communal areas or parking restrictions. The property may have a 'holiday accommodation only' rule or an agricultural tie. The landlord may not conceal these issues from the agent.
• Repair: The landlord must keep the property in repair and ensure it is a reasonably safe place to live for the tenants, visitors and guests.
• The law: Ignorance of the law is no defence, and the landlord cannot hide behind a lack of knowledge. The landlord may deliberately breach the law or may be ignorant. When the agent has defined the landlord's obligations, the agent may need to withdraw if the landlord does not comply.

In all these instances, it is the agent's responsibility as the 'professional supplying services' to ensure the landlord is aware of the obligations, to make reasonable enquiries and not to act where there is any doubt, or to carry out any instructions for the landlord that are contrary to law or in breach of good practice.