Residential Lettings Agency Terms and Conditions (Letting Only Service)

These Residential Lettings Agency Terms and Conditions (Letting Service Only) are designed for estate and letting agents providing a tenant finding and tenancy set up service only. 

They form part of the contractual documentation between the Agency and the Landlord/Owner, alongside the Residential Lettings Estate Agency Appointment Form Letting Only. 

What This Template Covers

These Terms and Conditions should be used where the Agency will be providing a “tenant sourcing and tenancy set up” service which will include:

• Advising the Landlord/Owner on market rent and property conditions
• Marketing and listing the property
• Tenant referencing and screening
• Legal compliance checks (gas, electrical, fire etc)
• Service of documents on the tenant (bar any documentation relating to tenancy deposits which will be the Owner’s responsibility.)
• Tenancy compliance 

The terms and conditions require the Landlord/Owner to obtain required consents, ensure legal compliance with safety and housing laws and regulations and providing accurate property information.

The Owner shall be responsible for protecting the Security Deposit in accordance with the relevant provisions of the Housing Act 2004 and shall provide to the tenant within 30 days of the Security Deposit being received by the Agent the “prescribed information” required by the Housing Act 2004.

The template includes clauses covering:

• Definitions and key terms of the agreement including the commission, which may be structured by the Agent to reflect their commercial agreement. This includes a “Letting Commission” payable for tenant introduction and tenancy setup. The Agent should ensure that all commission arrangements are clearly disclosed and transparent to the Owner. 
• the Agent's appointment and authority
• Communication and contact details
• Agent responsibilities, including advising the Owner/Landlord on the property's rental value, appropriate legislative and/or regulatory matters affecting the letting of the property, preparing property particulars and marketing the property, dealing with enquiries from prospective tenants, conducting referencing and required checks, including right to rent checks (subject to the Landlord/Owner entering into a Right to Rent Responsibility Transfer Agreement), preparing a holding deposit agreement(where applicable), protecting the tenancy deposit , serving the tenant with the prescribed information in accordance with the Housing Act 2004., and any other required documents, notices and prescribed information under applicable law e.g. Renters' Rights Act.
• There are provisions for the Agent to  arrange for additional services required at an additional cost to the Owner for things such as obtaining an EPC, gas, electrical, and fire safety checks, fitness for human habitation, preparation of inventory etc. All costs should be clearly stated in the Appointment Form, and Agency Fees list.
• Landlord/Owner responsibilities including confirmation they are the legal owner of the property, ensuring compliance with their obligations under relevant housing law in relation to property standards, complying with obligations under the Tenant Fees Act 2019, and forthcoming requirements under the Renters' Rights Act 2025, including non discrimination against tenants, reasonable consideration of pet requests, compliance with statutory rent increase procedure, and confirmation not to re-let during any restricted period of time following a termination of tenancy. 
• Cooling-off and cancellation rights to comply with Consumer Protection regulations
• Termination clause 
• Following the removal of fixed term tenancies, references to "renewal" commission reference have been replaced with a "review" option. This allows the Agency to structure and adapt commission arrangements as appropriate to their business model and tenancy agreements. 
• Complaints handling and redress scheme membership information
• Client Money Protection requirements 
• Data protection and GDPR compliance 
• Anti-Money Laundering(AML) obligations
• Consumer protection and disclosure requirements 
• VAT and financial provisions

Optional phrases/clauses are enclosed in square brackets. These should be read carefully and selected to be compatible with one another. Unused options should be removed from the document. 

Service Levels Available 

This version applies specifically to a letting and deposit holding service. Other versions are available for rent collection, letting and deposit holding,  and fully managed arrangements.

These Residential Lettings Agency Terms and Conditions (Letting Service Only) are in open format. Either enter the requisite details in the highlighted fields or adjust the wording to suit your purposes.

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