Landlord liability: who is fined when a letting agent errs?

Landlord liability does not end when you hand the keys to a letting agent. Since 1 May 2026, councils in England can fine landlords, agents or anyone acting on their behalf up to £7,000 for breaches of the new tenancy rules. That is according to GOV.UK's enforcement guidance for the Renters' Rights Act 2025. Offences carry up to £40,000 as an alternative to prosecution. Paul Endacott of 1st Avenue calls the belief that an agent takes on that responsibility a common misconception, as reported by PropertyWire (28 September 2026).

Can a council fine me for my letting agent's mistake?

It can fine either of you. The GOV.UK enforcement guidance says landlords "can use people acting on their behalf to meet their duties, such as letting agents". It adds that people acting on a landlord's behalf can also be liable. So the agent is in the frame too, but you do not drop out of it.

Where more than one person is liable for the same breach, councils may fine more than one person, according to GOV.UK's civil penalties guidance (13 November 2025). For breaches of the assured tenancy duties, a council may instead issue a single penalty to several people. Those people are then jointly and severally liable (each can be made to pay the whole amount).

The £7,000 breaches include adding an end date to a tenancy that must now run on a rolling basis, and failing to give a written statement of terms. Failing to give existing tenants the government information sheet by 31 May 2026 is another. The £40,000 offences include a breach within 5 years of a previous offence, and a breach continued for more than 28 days after a penalty. Our free property resources hub collects tools for landlords working through the new tenancy rules.

Does Right to Rent liability pass to the agent?

Right to Rent checks (immigration checks confirming an adult may legally rent) work differently. The scheme applies in England only, under the Immigration Act 2014, and the Home Office issues the penalties, not the council. That is set out in the Home Office code of practice that came into force on 1 October 2026.

Here the code is narrower than Endacott's warning. "A letting agent can get your right to rent checks wrong, and you can still be the one facing the fine," he said, as reported by PropertyWire. The code says responsibility lies with the landlord. But where an agent has accepted responsibility in writing, liability for any civil penalty "will rest with the agent rather than the landlord". That written agreement is the document that decides who pays.

For a first breach within the last three years, the code sets £5,000 per occupier for a lodger and £10,000 per occupier otherwise. A lodger shares the home with their landlord. A repeat breach within three years costs £10,000 and £20,000 respectively. A 30% reduction applies to a first penalty paid within 21 days. Keeping agent agreements filed and dated is the kind of process our business and systems hub covers.

What do your tenants see when compliance slips?

Your tenants rarely see the agency agreement. They see the agent. But when something goes wrong, the GOV.UK enforcement guidance tells councils to consider asking the tenant for records such as text messages, voicemails or emails. And a notice to quit sent by text or WhatsApp can still count as a notice to quit.

Right to Rent cuts both ways too. GOV.UK's Right to Rent guidance says landlords must check all tenants aged 18 and over. It is against the law to check only people you think are not British citizens. In practice, uneven checks are a fairness issue for tenants as well as a legal one for you.

Endacott argues the job has changed. In his view, "property management is becoming a compliance risk management job". He says landlords used to judge agents mainly on rent and how quickly they found a tenant. You may wish to ask your agent which checks they carry out and what they confirm in writing. That includes deposit protection and safety certificates, which PropertyWire lists alongside Right to Rent. Our property investment strategies hub covers weighing management costs against the risk you keep.

Key takeaways

• Since 1 May 2026, councils in England can fine landlords, agents or anyone acting on their behalf up to £7,000 for breaches of the Renters' Rights Act 2025 tenancy rules.

• Offences under the same rules, such as a breach within 5 years of a previous offence, carry a civil penalty of up to £40,000 as an alternative to prosecution.

• Councils may fine more than one person for the same breach, so landlord and agent can both be penalised.

• Right to Rent penalties come from the Home Office: £5,000 or £10,000 per occupier for a first breach, £10,000 or £20,000 for a repeat breach within three years.

• Right to Rent liability moves to the agent only where the agent has accepted responsibility in writing, under the code in force from 1 October 2026.