Self-Managing or Using a Letting Agent: Who Keeps the Records? — Herarx Blog

Self-Managing or Using a Letting Agent: Who Keeps the Records?

Handing a property to an agent does not hand over responsibility for the records. Who should hold what, what to ask your agent for, and what to keep yourself.

May 07, 2024
Self-Managing or Using a Letting Agent: Who Keeps the Records?
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Many landlords assume that using a letting agent means the agent keeps the records. In practice the agent keeps the records it needs to do its job, in its own systems, under its own retention policy. The landlord usually remains legally responsible for the property and the tenancy, and needs to be able to produce the key records whether or not the agent is still involved. The exact split of responsibilities depends on your agreement with the agent and on local law, so read both.

If you self-manage

Everything is yours: the tenancy agreement, screening records, deposit paperwork, safety and compliance certificates, the inventory, correspondence, repairs, rent records, and the notices you give and receive. The advantage is that it is all in one place and under your control. The risk is that it is only as organised as you are, and self-managing landlords often keep records in a mix of email, phone photos and a spreadsheet. A single record per property and per tenancy, with a clear structure, is the minimum; see why tracking spreadsheets break for where the usual approach runs out.

If you use a letting-only agent

The agent finds and screens the tenant and sets up the tenancy, then hands over. From that point you manage the property. Make sure the handover includes the documents you will need later, not just the keys:

  • The signed tenancy agreement and any guarantor agreement
  • The check-in inventory with photos
  • Proof that the deposit was handled as the law requires, if applicable
  • Records of any legally required checks on the tenant
  • Copies of certificates and notices given to the tenant at the start

If you use a fully managing agent

The agent handles the tenancy day to day and holds most of the working records. You still need access to them, and you need your own copies of the ones that establish your position. Ask the agent, in writing, for:

  • A copy of each signed tenancy agreement and inventory as they are created
  • Regular rent statements showing what was received and deducted
  • Copies of all safety and compliance certificates, with expiry dates
  • Invoices for repairs paid from your rent
  • Notification of any complaint, dispute or legal notice

Why you should keep your own copies

Agents change, go out of business, or lose staff who knew your property. Disputes with tenants can arise years after a tenancy ends, and disputes with agents are not rare either. If the only copy of your check-in inventory is in an agent's system you no longer have access to, you may not be able to defend a deposit claim. Keep your own record of each tenancy, even if it is thinner than the agent's. The documents you will need at the end are listed in the end-of-tenancy checklist.

When you switch agents or take over

Ask for a complete handover pack for each tenancy and check it against a list before the old agreement ends. Missing inventories and unrecorded deposit details are the most common gaps. Note what you received, when, and what was missing, and chase the gaps in writing.

Personal data is shared, too

Screening documents and tenant details flow between landlord and agent. Agree who holds what, how it is transferred securely, and when each party deletes it. Two copies of an identity document kept for no reason doubles the risk.