Law for lettings agents

Although much of the law in relation to lettings agents is contained in specific statutory schemes (see, for example, Lettings law and the client and Complying with legislation), it is nonetheless essential that agents understand the fundamentals that underpin the legal system. In particular, it is important to have an understanding of the relevant categories of law.

The three most important types of law as far as lettings agents are concerned are:

• criminal law
• tort law and
• contract law.

This section focuses on tort law in one of its most common forms – negligence – and contract law. It also looks at what a contract is, so that agents can tell when they have entered into a contract with a landlord or a tenant and, just as importantly, when they have not.

The section also looks at the key concepts in the law of negligence, including when one party owes a duty of care to another. It is only by understanding these key concepts that agents can ensure that they avoid the pitfalls of the law.

This section is maintained by Barbara Zeitler of Lamb Chambers.

RICS standards: UK residential real estate agency

RICS standards: Letting of residential property in the private sector