Choosing a letting agent is one of the most consequential decisions a landlord or tenant will make in the private rented sector. A good agent protects your money, keeps you compliant with the law, and handles problems before they escalate. A poor one can leave landlords exposed to fines and tenants out of pocket. Before you sign an agency agreement or a tenancy arranged through an agent, work through these ten questions. They apply whether you are a first-time landlord in Ashford, a tenant viewing a flat in Chatham, or an investor building a portfolio across Kent and Medway.
1. Are you a member of a government-approved redress scheme?
Every letting agent in England must belong to a government-approved redress scheme, giving tenants and landlords a route to independent complaint resolution, and failure to join can attract a penalty of up to £5,000. This is not optional, and it applies regardless of how small the agency is. The Consumer Rights Act 2015 requires agents to display on their website and in any office the name of any redress scheme they belong to. If an agent cannot name their scheme on the spot, treat that as a warning sign.
2. Do you hold client money protection, and can I see the certificate?
It has been mandatory for letting agents in England who hold client money to belong to a client money protection scheme since 1 April 2019, and agencies can be fined up to £30,000 if they do not belong to an approved scheme, and up to £5,000 if they do not display their certificate. Client money protection is a form of insurance that covers landlords and tenants if an agent misappropriates or loses funds. Agents must display a copy of their certificate of membership in each of their offices in a prominent location that is easily visible to clients, not tucked away in the back office. Ask to see it, and if you cannot find it in the office window or on the agent's website, ask why.
3. What fees will I be charged, and are they legal?
Since 2019, tenant-facing fees have been tightly restricted. Under the Tenant Fees Act 2019, letting agents can only charge permitted fees, and any other costs are considered prohibited payments, which can lead to penalties. Fees letting agents can charge include rent and a tenancy or holding deposit, plus reasonable costs if a tenant requests a change to the tenancy agreement or chooses to leave early. A fee to vary the tenancy is capped, and an admin fee for tenancy changes is only allowed if the tenant has requested them, limited to a maximum of £50. Ask for a full, written breakdown of every charge before you commit.
4. How and where will the deposit be protected, and what is the cap?
If the annual rent is less than £50,000, a tenancy deposit is capped at no more than five weeks' rent, and if the annual rent is £50,000 or more, the cap rises to six weeks' rent. Anything above that is unlawful. A holding deposit works differently: a holding deposit is capped at no more than one week's rent, and any amount above that is a prohibited payment. Once a deposit is taken, it must be protected in one of the three government-backed tenancy deposit protection schemes within 30 days, and the tenant must be given a certificate detailing how and where it is protected. Ask which scheme the agent uses and request proof of protection in writing.
5. Does this property need a licence, and who is responsible for it?
Licensing rules vary significantly across Kent and Medway, so this question matters more here than in many parts of the country. In Gravesham, for example, a landlord applying for an HMO licence must show the building has a valid gas safety record, a valid five-year electrical installation condition report, a valid fire detection test certificate, a valid fire risk assessment and a valid PAT certificate for electrical appliances. Medway has gone further: Medway Council has brought forward selective and additional licensing schemes covering specific wards, with landlords required to pay £840 per property under the selective scheme and £1,600 per property under the additional licensing scheme. Elsewhere in the county, Maidstone, Swale, Canterbury and Thanet have all increased scrutiny on smaller HMOs in recent years. A competent agent should know exactly what applies to your street, not just your district, and should confirm in writing whether they will manage the licence application on your behalf.
6. How are you preparing for the Renters' Rights Act?
The rules governing tenancies changed substantially in 2026. The Renters' Rights Act 2025 took effect on 1 May 2026 and brought sweeping changes to the way residential tenancies are created, managed and terminated. Section 21 no-fault evictions have been abolished, raising the bar for evictions, and open-ended periodic tenancies have replaced fixed-term assured shorthold tenancies, with existing fixed terms converting automatically. Rent increases are also more tightly controlled: rent reviews for landlords are limited to once a year, and tenants must be given two months' notice of any increase. A second wave of reform is still arriving, since a second phase introducing the PRS Database and Ombudsman Scheme is following from late 2026, with a third phase addressing property condition standards, including the Decent Homes Standard, coming later. Ask your agent how they log key dates and whether they use automated systems, since the Act brings a range of new notice periods, prescribed forms and timing requirements, and investing in automated systems helps landlords stay on top of the new regime. Pets are another area worth raising directly, because tenants now have a statutory right to request permission to keep a pet, landlords cannot unreasonably refuse, and responses must be given within 28 days.
7. What checks do you run on tenants, and what checks are run on you?
Reference checks protect landlords from unreliable tenants, but agents also carry their own compliance duties. Agents are expected to screen every party against the UK Sanctions List and handle personal data under UK GDPR, on top of the property-level duties they manage for landlords. Ask what referencing checks are carried out, how long they take, and how data is stored and shared.
8. Who manages safety certificates and repairs, and how quickly?
Three certificates sit at the core of a compliant tenancy. In England and Wales, a landlord must hold a valid Gas Safety Certificate renewed annually, an EICR electrical safety report every five years, and a valid EPC. Tenants must be given copies of the gas and electrical reports, and the EPC must be provided before the tenancy begins. Ask whether the agent books these renewals proactively or waits for reminders, and how repair requests are logged and escalated.
9. What are the new grounds and notice periods for ending a tenancy?
With fixed terms gone, possession now works differently. Tenants may leave at any time with two months' notice, while landlords can end a tenancy only by proving a statutory ground under Section 8. Landlords must use a prescribed form notice and rely on statutory grounds for possession, with evidence required for possession proceedings and notice periods commonly running to four months. Some grounds are restricted early on, since certain grounds, such as Ground 1A for sale, cannot be used in the first 12 months of a tenancy. Arrears grounds have also shifted: tenants must accrue at least three months' arrears before the eviction process can begin, an increase of one month on the previous position. Make sure your agent can explain this clearly, since getting a notice wrong can delay proceedings by months.
10. What happens if something goes wrong?
Finally, ask how complaints are actually handled in practice, not just in theory. Redress schemes give tenants and landlords in the private rented sector a way to escalate a complaint if they are unhappy with how it has been handled. Looking ahead, the Renters' Rights Act also introduces a Private Rented Sector Ombudsman that landlords must join. Ask for examples of how the agent has resolved past disputes, and how long their average resolution takes.
None of these questions are designed to catch an agent out. A well-run agency will answer all ten confidently, with paperwork to back up every claim. If you get vague answers, hesitation, or a refusal to put things in writing, take that as your signal to look elsewhere. The letting market in Kent is changing quickly, and the agents who thrive are the ones who treat compliance as a selling point rather than a chore.