Yesterday the government published guidance on the Register Your Property Service as it will be known.
Ministry of Housing, Communities and Local Government published the guidance to assist landlords, letting agents and third parties registering on behalf of landlords navigate the new service and understand what actions they need to take.
Here are some key questions and answers for agents and property managers.
Do Letting Agents and Property Managers have to use the service?
No. Helping landlords register is optional. At launch, the service will let your team enter some property details for a landlord and keep them up to date.
Letting Agents and Property Managers need to agree the level of help they will provide landlords?
Yes. Agents must agree an approach with their landlords before the service goes live. Letting agents must update their Terms and Conditions to reflect what they will do to assist their landlords.
Which properties need to be registered during the rollout?
Only properties let on an assured periodic or regulated tenancy within the region’s registration deadline, or let for the first time after that deadline must be registered. Supported exempt accommodation, as defined in section 12 of the Supported Housing (Regulatory Oversight) Act 2023, is excluded as are non - housing act agreements.
If a landlord refuses to register or doesn't respond and we are already managing what would our liability be, what do they wants us to do if we stop managing the property and it put the tenant in a worse position?
Letting and property agents have no mandatory role in registrations. Liability for failure to register or maintain an up to date entry remains with the landlord. Agents are not required to take any action in these circumstances. We would encourage them to report non-compliance to the relevant local authority who can then engage further with the landlord and take enforcement action if necessary.
What will change for marketing?
Later on, both the landlord and the property will have to be registered before a property can be marketed, and this includes empty properties. Agents will need to check registration before advertising, and adverts must show the landlord number (format L-XXXX-XXXX) and the rental property number (format P-XXXX-XXXX). This is the change most likely to affect agency workflows day to day.
Who starts the registration and pays for it?
The landlord. Landlords register themselves to get a landlord number, and they must begin every property registration. Registering and paying are their legal duty. When they register a property, they can choose to have the agent supply some of the details, which requires an agency email address. The service then emails the agent a link. The landlord pays the annual registration fee for each property.
What information can the agent provide?
Using the link, agents can enter how the property is let: any HMO, additional or selective licence; the number of tenants and households; whether it is furnished, part-furnished or unfurnished; the rent; and any bills included in the rent. Agents can also upload the compliance certificates with their issue and expiry dates: the gas safety certificate (where there is a gas supply), the EICR or EIC, and the EPC. They can keep these sections updated afterwards.
Who is liable if the information is wrong?
The agent is responsible for the accuracy of anything they submit, so the guidance suggests preparing the data before launch. Landlords are notified of whatever the agent submits. Firms should therefore review their terms of business and how they check data before submitting it.
What are the deadlines?
The landlord stays responsible for making sure the information is provided. If it is not submitted within 28 days, the registration becomes inactive and the landlord may be in breach. The service sends landlords a reminder during that period. After registration, landlords must update the information within 28 days of any change, for example a new occupier, a rent change, or a replacement certificate. Agents can make these updates using the same link.
How do access links and passwords work?
Each property gets its own link. The first time it is used, the agent sets a password, which is needed for every later update. Anyone in the agency with the link and password can make updates, so different teams can maintain different sections. Agents should plan how to store links and passwords securely. They cannot reset a password themselves; the landlord has to cancel the link and issue a new one.
Credential Management
One link and password per property is a real operational risk for agencies managing hundreds of units.
Letting agents need a secure credential register and an internal policy on who holds access.