Quick answer
On a let only (tenant find) instruction, the landlord does and is liable for almost every compliance duty. On fully managed, the agent usually does most of the tasks — but only two duties can legally move to the agent: Right to Rent and gas safety, and both need it in writing. Everything else stays with the landlord, whatever the agreement says.
Doing the task is not the same as being liable
A fully managed agent books the electrician, protects the deposit and chases repairs. That is the work. The legal duty for most of it never leaves the landlord.
That gap matters when something is missed. The landlord is exposed for a task they paid someone else to do.
The service levels
- Let only, also called tenant find: the agent finds the tenant and steps away.
- Rent collection, also called let and collect.
- Fully managed, also called let and manage.
- Guaranteed rent: a commercial promise sold by the agent. The named landlord is still the landlord.
- Self-managed: no agent.
Service level is per property, not per landlord. One landlord can be fully managed on one home and self-managing the next.
Duty by duty
- Gas safety: the landlord on let only and rent collection. Can move to a fully managed agent under a written management agreement.
- Right to Rent: agents often do the check. The landlord stays liable unless the agent agreed in writing to take it on.
- EICR: a managing agent may book it. The landlord is liable.
- EPC: needed before marketing. The minimum E rating is the landlord’s duty.
- Deposit and prescribed information: whoever holds the deposit usually protects it. A claim for late protection can still be brought against the landlord.
- Smoke and carbon monoxide alarms, including the day-one test: the landlord is liable.
- Repairs and hazards: the agent arranges contractors. The repairing obligation is the landlord’s.
- Rent review and Section 13 notice: the agent can prepare and serve it in the landlord’s name. A defective notice is still the landlord’s problem.
- PRS Database registration: the landlord registers on every service level.
- Property licensing: the agent can hold the licence, but letting without a required licence exposes the landlord too.
Pick a service level in the free agent or landlord responsibility checker and see who does each task and who is liable.
What this means on a let only job
After a let only instruction, the landlord is on their own for gas, EICR, alarms, repairs, rent reviews and registration.
The agent may still hold the deposit or have done the Right to Rent check. Write down which, so nobody assumes the other did it.
What this means on fully managed
The agent does most of the work, so most of the record sits with the agent. If the agent changes, that record has to go with the property, or the landlord inherits gaps.
The exact wording that moves gas safety or Right to Rent is a matter for a housing solicitor, not for us.
A one-page check for every instruction
- Service level recorded per property.
- Whether the agent took gas safety in writing, and where that clause is.
- Whether the agent took Right to Rent in writing.
- Who holds the deposit.
- Who books EICR, EPC and alarm checks.
- Who will register on the PRS Database — always the landlord.
The free Renters’ Rights Act compliance checklist covers every duty on one page.
Who does it, and who answers for it
| Duty | Let only | Rent collection | Fully managed |
|---|---|---|---|
| Gas safety | Landlord | Landlord | Agent, if agreed in writing; otherwise landlord |
| Right to Rent | Agent, if agreed in writing; otherwise landlord | Agent, if agreed in writing; otherwise landlord | Agent, if agreed in writing; otherwise landlord |
| EICR | Landlord | Landlord | Agent books it; landlord liable |
| Smoke and CO alarms | Landlord | Landlord | Agent arranges; landlord liable |
| Deposit protection | Whoever holds it | Whoever holds it | Usually the agent; the landlord can still be sued |
| Section 13 rent increase | Landlord | Landlord | Agent serves in the landlord’s name |
| PRS Database registration | Landlord | Landlord | Landlord |
| Licensing (where required) | Landlord | Landlord, and the agent if it receives the rent | Landlord, and the agent if it receives the rent |
When councils went after the agent — and when they did not
| Case | Who | Council | Tribunal | Point |
|---|---|---|---|---|
| LON/00BH/HNA/2023/0059 | Letting agent | £12,000 | £12,000, confirmed | The agent argued its agreement put licensing on the landlord. It still committed the offence |
| CHI/00MR/HNA/2020/0005 | Letting agent | £6,000 | £12,000, increased | Collecting the rent made the agent a person in control of the HMO |
| BIR/00FY/HNA/2022/0014 | Letting agent (franchise branch) | £3,870 | £1,788.20 | Offence proved; the tribunal also took back the agent’s commission for the period |
| MAN/00CA/HNA/2026/0001–0002 | Joint owners who used a managing agent | £4,500 each | £2,250 each | Having an agent did not shield the owners; the penalty was halved because they were one household |
What the cases teach
- A rent-collecting or fully managed agent is exposed for licensing offences in its own right. A clause in the management agreement does not change that.
- The landlord stays exposed too. Paying an agent is not a defence.
- Let only is where nobody owns the gaps. Write down, per property, who does each check after the tenant moves in.
Cases are First-tier Tribunal (Property Chamber) decisions published on gov.uk. Each turns on its own facts; read the full decision before relying on one.
Contains public sector information licensed under the Open Government Licence v3.0.
Where Abide.Rent fits
Abide.Rent holds the service level per property under an agreement. Duties shows who does each task and who is still legally responsible, so a let only landlord and a fully managed one see different lists.
Abide.Rent tracks this for every property you manage. Free for a month, no card.
Not legal advice.
More from the blog
Renters’ Rights Act checklist for letting agentsA practical Renters’ Rights Act checklist for agents in England: tenancies and notices, rent increases, safety, deposits, the PRS Database and the records to keep.
Section 21 is gone: what letting agents do nowSection 21 ended on 1 May 2026. Tenancies are assured periodic, possession runs through Section 8, and the rent review has replaced the renewal. What changes for agents.
Gas Safety certificate: landlord vs letting agent dutyGas safety is one of only two duties that can move from landlord to agent — and only in writing. When it moves, when it does not, and the dates to track.