Agency advantages
Question
Do rental agreements need to be officially registered? I want to rent somewhere and it's not being rented through an agent. Should I be renting through an agent?
Answer
It's up to an individual landlord whether or not they use a letting agent. Your legal rights as a tenant are the same whether or not an agent is used.
Using an agency can help a landlord because the agent carries out certain services on their behalf. These might include showing the property to prospective tenants, collecting rent and arranging repairs. In most cases the landlord pays the agency a fee.
Whether an agency is a benefit to the tenant can vary. This is because the standards of the services provided depend entirely on the particular agency.
Many agencies are members of bodies set up to regulate their business. If an agent is a member of such a body they will have a code of practice they have to abide by. These bodies include the National Association of Estate Agents (NAEA), the Association of Residential Letting Agents (ARLA) and the National Approved Letting Scheme (Nals).
If an agent is a member of one of these bodies this may offer some protection to the tenant. For example, members of Nals have to keep deposits in a separate account to make it easier to resolve any dispute. The tenant is also able to make a complaint to the relevant organisation if there are any problems.
A disadvantage might be that some agencies won't accept tenants on housing benefits. Also, although agencies are not allowed to charge tenants for registering, they may charge a fee if they find them a property. They may also make an administrative charge for preparing the paperwork.
If you're looking for a home and want to rent privately you might find it useful to think through how your circumstances could affect your housing options and find out more about where to look for rented accommodation.
Updated: 24/09/2008
Question answered by Shelter
