Agreement Between Landlord And Real Estate Agent Template for England and Wales

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What is a Agreement Between Landlord And Real Estate Agent?

An agreement between a landlord and a real estate agent sets out the terms on which a letting agent manages, lets, or sells a property on the landlord's behalf. In England and Wales, the relationship is governed by the Estate Agents Act 1979, the Tenant Fees Act 2019, tenancy deposit protection legislation, and mandatory membership of a property redress scheme and client money protection scheme. GenieAI's template covers all service levels, fee structures, statutory compliance responsibilities, deposit handling, and termination rights in a format aligned with current English letting agency law.

Reviewed by

Swetha Meenal

Legal Engineer, GenieAI

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A lawyer, legal researcher and legal tech founder, Swetha has built AI products deployed inside Tier 1 firms and enterprises. She ensures GenieAI's alignment with the latest regulation and executes testing on the legal robustness of Genie output.

Reviewed by

Imad Mohammed Nazar

Legal Engineer, GenieAI

Imad Mohammed Nazar profile photo

A Skadden-trained M&A lawyer, Imad advised on cross-border transactions and contractual risk before moving into legal AI. He reviews GenieAI's output for compliance and enforceability across our 150+ supported jurisdictions, as well as facilitating external benchmarking.

Jurisdiction

England and Wales

Publisher

GenieAI

Sector

Business

Cost

Free to use

Last updated

About the Agreement Between Landlord And Real Estate Agent

When you own rental property and want to work with a real estate professional, an Agreement Between Landlord And Real Estate Agent creates the legal foundation for your business relationship. This contract defines exactly what services the agent will provide, how much they'll be paid, and what responsibilities each party has under United States federal and state real estate laws.

When do you need this document?

You need this agreement whenever you're hiring a real estate agent to help with your rental property. This includes situations where you want professional help finding and screening tenants, marketing vacant units, or managing ongoing tenant relationships. The document is essential if you're new to property ownership and need guidance navigating fair housing laws, or if you own multiple properties and want consistent professional management. You'll also need this agreement when transitioning from self-management to professional services, or when switching between different real estate agents or agencies.

Key legal considerations

Your agreement must clearly define the agent's duties, which might include tenant screening, property marketing, lease preparation, and ongoing tenant communications. The compensation structure needs precise definition, whether it's a flat fee, percentage of rent collected, or commission on new leases. Termination clauses should specify how either party can end the relationship and what happens to ongoing tenant relationships. The agreement must address compliance with federal fair housing laws, ensuring the agent won't discriminate based on protected characteristics. You should include provisions for property maintenance coordination, emergency response procedures, and financial reporting requirements. Consider adding clauses about marketing standards, tenant screening criteria that comply with Equal Credit Opportunity Act requirements, and procedures for handling security deposits according to state laws.

Legal requirements in United States

Under United States law, your agreement must comply with the Fair Housing Act, which prohibits discrimination in all housing-related activities including advertising, tenant selection, and lease terms. The agent must follow Americans with Disabilities Act requirements when dealing with accommodation requests from tenants with disabilities. If the agreement involves referral fees or kickbacks, it must comply with RESPA regulations. The Truth in Lending Act may apply if the agent helps with lease-to-own arrangements or other credit transactions. State licensing requirements mean your agent must hold appropriate real estate licenses and follow local real estate commission rules. Many states have specific disclosure requirements about agent relationships, fee structures, and property condition. The agreement should specify which state's laws govern the contract and include dispute resolution procedures that comply with local regulations.

GOVERNING LAW

Applicable law

This Agreement Between Landlord And Real Estate Agent is drafted to comply with England and Wales law. Key legislation includes:

Estate Agents Act 1979: Regulates estate agents carrying out letting and sales agency work, requiring written disclosure of fee terms and personal interests before the landlord signs the agreement, and banning certain practices such as misrepresentation of offers received.

Tenant Fees Act 2019: Requires letting agents in England to publish a schedule of all fees charged to landlords and tenants, and prohibits most fees being charged to tenants; the landlord-agent agreement must ensure fee structures are fully transparent and compliant with the Act.

Client Money Protection Schemes for Property Agents (Requirement to Belong to a Scheme etc.) Regulations 2019: Requires all letting agents in England who hold client money (such as rent or deposits) to belong to an approved CMP scheme; the landlord must be told which scheme the agent belongs to in writing.

Housing Act 1988 and Housing Act 2004: Governs the assured shorthold tenancy regime and tenancy deposit protection obligations that the agent manages on the landlord's behalf, including the requirement to protect deposits within 30 days and serve prescribed information on tenants.

Homes (Fitness for Human Habitation) Act 2018: Requires residential properties to be fit for human habitation at the start and throughout the tenancy; compliance is the landlord's obligation but the managing agent must flag and address defects as part of their management duties.

Data Protection Act 2018 and UK GDPR: The agent processes personal data of tenants and applicants as a data controller; the landlord-agent agreement should confirm the agent's data protection obligations and the privacy notice requirements owed to tenants.

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