Residential Lettings Agency Appointment Form (Letting & Deposit Holding Service) 
This Residential Agency Appointment Form (Letting & Deposit Holding Service) is intended for residential lettings agencies when they take on a new landlord client. The form is completed and signed by the Owner/Landlord of a property who wishes to appoint an Agent to market the property and protect the tenant’s security deposit during the tenancy.
Along with the Residential Agency Terms and Conditions (Letting & Deposit Holding Service), the Appointment Form establishes a contract between the parties. While both The Appointment Form and Terms and Conditions can be displayed on the Agency’s website, they must also be provided to Owner/Landlord in hard copy.
This particular form is designed for use when the Agency is appointed to finding a tenant and protecting the security deposit during the tenancy.
There are also separate versions of the form for “Fully Managed”, “Rent Collection Service”, or “Letting Only” appointments.
The form includes the information required under The Consumer Contracts (Information, Cancellation and Additional Charges) Regulations 2013 which relate to contracts made in a consumer’s home or otherwise off the trader’s premises. This includes important information about the agency’s services, identity, pricing, and the Owner/Landlords right to cancel the contract.
In addition, The Appointment Form includes sections for the Agents details, Owner/Landlord details, as well as all Material Information required by The Consumer Protection from Unfair Trading Regulations 2008.
It also captures key information about the agency arrangements, such as the start date, the fixed term, and the commission (Letting Commission and Management commission), target rent, tenant payments and security deposit.
Please note that under the Tenant Fees Act 2019, landlords and lettings agents in England can only charge specific “permitted payments” as outlined by the Act. These include rent, tenancy deposits, council tax, utilities, TV licences and default payments for late rent. If any unauthorised fees are charged they could face financial penalties.
Under the Tenant Fees Act 2019, security deposits for new or renewed tenancies in England are capped at five weeks’ rent for annual rents below £50,000 and six weeks’ rent for those of £50,000 or more.
In Wales, similar rules apply under the Renting Homes (Fees etc.) (Wales) Act 2019 (RHFWA), which only applies to landlords and lettings agents in Wales. Any breach of this Act will result in a hefty fine. Welsh landlords and agent are limited to charging “permitted payments” which include rent, tenancy deposits, council tax, utilities, TV licences and default fees for breaches of the occupation contract. In Wales, a Landlord or agent can take a refundable holding deposit which cannot exceed one week’s rent. Security deposits are not currently capped, but the RHFWA gives the Welsh government the power to set prescribed limits on what a landlord can charge.
At the end of the form is a “model cancellation form”. This is to comply with the 2013 Regulations referred to above which give a 14 day “cooling off” period in relation to contracts made off the trader’s premises.
Typically, Owners/Landlords prefer that the marketing of their property begins immediately rather than after the colling-off period. The Appointment Form therefore includes a clause allowing the Owner/Landlord to instruct the Agency to commence marketing immediately along with an acknowledgement of the implications this has under the 2013 Regulations. These include the potential loss of the right to cancel if a letting is agreed within the 14 day period and a requirement for the Owner/Landlord to pay for any services rendered up to the point of cancellation, should they exercise the right to cancel.
By signing the form the Owner/Landlord confirms that there are no restrictions (such as planning control, mortgage conditions or restrictions in the title deeds) that prevent the property being let. Owners/Landlords should investigate these matters before entering into a contract with an Agency. The Agent also signs the form to confirm that the terms of the agency contract have been explained to the Owner/Landlord.
Optional phrases / clauses are enclosed in square brackets. These should be read carefully and selected so as to be compatible with one another. Unused options should be removed from the document.
This Residential Lettings Agency Appointment Form (Letting & Deposit Service) is in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.
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