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Why using a qualified letting agent is essential to let legally

Posted 28/03/2023 by Your Move
People sat at a desk in a meeting

You might assume that letting agents need qualifications to work in the industry - and we think they should! 

But, as it stands in England and Northern Ireland, anyone can set themselves up as a letting agent. As long as they’re members of an Ombudsman scheme and have Client Money Protection, they don’t need to prove they know anything about the business of letting and managing property.

That’s not true in Scotland and Wales, where letting agents are regulated:

  • Scotland: All letting agents must be registered with the Scottish Letting Agent Register. Those who manage and supervise the running of a letting agency and the day-to-day work have to hold qualifications and keep them up to date. 
  • Wales: Anyone letting and managing rental property must have a licence, which requires them to pass a training course and undertake Continuing Professional Development.

Things are changing in the social rented sector in England

Housing Secretary Michael Gove recently announced that social housing managers will soon have to gain professional qualifications. This is to help protect residents and improve standards in the sector and the Social Housing Regulation Bill will be amended to make it law - although there’s not yet a firm date for that.

This change in the social sector could mean a similar change in the PRS is on the horizon. But in the meantime, here’s what you need to know about letting agent regulation in England as it stands.

Reputable agents will be members of one of the self-regulating industry bodies

Although the national law doesn’t require letting agents in England to be qualified, some of the self-regulating bodies do:

At Your Move, we’re members of ARLA Propertymark, meaning our Principals, Partners and Directors have achieved various formal qualifications in residential lettings. All staff are actively encouraged to become ARLA qualified, which is promoted to every branch, and we then support this with our regular online training modules, webinars, face-to-face training sessions and events.

As an example, those that hold the ARLA Member Grade (Level 3 qualification in residential lettings) have studied and passed exams in:

  • Health and safety, security and general law
  • Legal aspects of letting and management
  • Residential property letting practice 
  • Residential property management practice

And all ARLA Propertymark members have to complete at least 12 hours of Continuing Professional Development activity every year, with four hours of that dedicated to educational events.

In our branches in Scotland, anyone dealing with Lettings undergoes the NFOPP training. Once they have passed the four required modules, that gives them the Scottish Level 6 Qualification, which entitles them to Propertymark membership. We believe Scotland is leading the way with recognising the need for a professional qualification in every branch, which is why at Your Move we’re taking this further and trying to ensure all our lettings staff across the UK are trained to this level.

Then there are two other membership bodies agents can join:

Why it’s important to work with a qualified agent

When you use an agent to let and manage your property, you’re trusting them to do the job properly. You need to be confident that the property and tenancy are always legally compliant, and your tenant is being looked after in a professional way. When issues come up – which they will every now and then – your agent has to know the best way to resolve the problem and, importantly, what they can and can’t do.

There are hundreds of laws around the letting and management of rental properties and specific standards of practice that the best agents will work to. And this huge raft of legislation can be amended at any time – with sometimes several changes in a year!

Working with an agent that’s a member of Propertymark or RICS gives you peace of mind that your property is in the safe hands of professionals. Not only have they been trained and achieved formal qualifications in letting, but they also have the backing and legal support of their member organisation.

So, when you’re choosing an agent to work with, we’d suggest you look for one that clearly displays the Propertymark logo, then check online that they are actually listed by Propertymark as members - sometimes dishonest or criminal agents will falsely advertise membership!

If you have any questions or would like to know more about the specific training we undergo at Your Move, just contact your nearest branch and have a chat with one of the team.

The Your Move Content Marketing Team

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