How the rule works
Two questions get mixed up: who does the task, and who is legally responsible if it is not done. A management agreement decides the first. The law mostly decides the second, and it puts nearly every duty on the landlord.
There are two exceptions. The gas safety duty and Right to Rent checks can move to an agent, but only where the agent has agreed in writing to take them on. Everything else — the electrical report, the EPC, deposit protection, alarms, repairs, rent reviews, PRS Database registration and licensing — stays with the landlord whatever the agreement says. If the agent fails, the landlord may have a claim against the agent, but the tenant, the council and the court look to the landlord. Some rules bind the agent as well: an agent that agreed to make sure the written statement of terms is given is bound by that duty too (Housing Act 1988 s.16D(8)), and an agent managing a licensable property can commit a licensing offence.
The five service levels in common use in England:
| Service level | Also called | After the tenancy starts |
|---|---|---|
| Let only | Tenant find, introduction only | After the tenancy starts, almost every duty stays with the landlord. The agent cannot generate or serve a notice on a let-only property. |
| Rent collection | Let & collect | Collect, statements, first-line arrears. Most certificates and repairs stay with the landlord. |
| Fully managed | Let & managed, full management | Day-to-day management plus notices in the landlord’s name. Fees are typically 10–17% of rent. |
| Guaranteed rent | Guaranteed rent as an agent product | A commercial promise to pay if the tenant does not. The named landlord is still the landlord. The promise does not move a duty. |
| Self-managed | No agent — the landlord manages it | Use this on a rent-to-rent tenancy when you are the immediate landlord of the person living there. |
A worked example
A landlord instructs an agency on a fully managed basis. The agency arranges the gas engineer, the electrician, repairs and the rent review. With nothing agreed in writing about duties, 10 of the 10 duties in the checker are still the landlord’s in law, even though the agency does most of the work.
Now the management agreement says, in writing, that the agency takes on the gas safety duty and the Right to Rent checks. Those two move. 8 of 10 duties remain with the landlord. If the gas record lapses, the agency is the one responsible. If the EICR lapses, it is still the landlord.
Common mistakes
- Treating “fully managed” as “fully covered”. Management moves the work, not the liability.
- Assuming a verbal understanding counts. The two transferable duties move only in writing. Keep the clause.
- Losing track after a let-only handover. The landlord takes on every task from day one: certificates, alarms, repairs and rent reviews.
- Thinking guaranteed rent changes who the landlord is. It is a payment promise. The named landlord keeps the duties.
- Expecting the agent to register on the PRS Database. The landlord registers. Check the window with the PRS Database deadline checker.
What changed under the Renters’ Rights Act 2025
From 1 May 2026, every rent increase on an assured periodic tenancy goes through a Section 13 notice, served in the landlord’s name whoever prepares it, and a defective notice is the landlord’s problem. The PRS Database adds a new landlord duty, region by region, and registration gates most possession grounds. With Section 21 gone, possession depends on grounds and evidence, so knowing who did what — and having the record — matters more than before.
What to put in writing
If a landlord and agent agree that the agent takes on gas safety or Right to Rent, write it down in the management agreement or a signed side letter. A clear clause usually says:
- which duty moves, named in full;
- which properties it covers, and from what date;
- what the agent will do and by when, for example book the gas check before the anniversary;
- how the agent reports back, and where the records are kept;
- what happens to the duty and the records if the agreement ends or the property is sold.
Whatever the agreement says about other duties, the landlord should still see the evidence for each one. When the agent changes, the duties — and the record of what was done — must pass across on the same day.
What Abide.Rent does automatically
Abide.Rent records the service level on every property and works out, duty by duty, who acts and who is liable. Gas and Right to Rent move to the agency only when you record that it accepted them in writing. Reminders go to whoever does the task, and the landlord can see every duty they are liable for on the same record the agency uses — so nothing depends on one person remembering.
This checker shows the general position. A housing solicitor confirms the exact wording of a duty transfer, not us. Not legal advice.