Redress scheme membership is not optional
Under the Estate Agents (Redress Scheme) Order 2008, anyone carrying out estate agency work must belong to an approved redress scheme. There are two: The Property Ombudsman and the Property Redress Scheme. Both publish searchable member lists.
This matters because the scheme is your route to an independent decision if something goes wrong, and it can award compensation. Trading Standards can penalise an agent operating without membership, so an agent who cannot name their scheme is telling you something important.
- Ask which redress scheme they belong to, then check the scheme member list yourself
- For lettings, ask to see their Client Money Protection certificate
- Ask whether client money is held in a separate account
Client Money Protection, for lettings
Since April 2019, letting agents in England handling client money must belong to an approved Client Money Protection scheme, and must display their certificate at their offices and on their website. Similar requirements apply in Wales and Scotland.
The point is simple. If the agent fails while holding your deposit or your rent, the scheme repays it. Without it, that money is gone.
What they must tell you about a property
National Trading Standards guidance on material information requires agents to include specific details in a listing, including asking price, tenure and council tax band, with further material facts such as lease length, service charges and known issues to follow. Omitting something that would affect an average buyer’s decision can breach consumer protection law.
If a listing is silent on ground rent, service charges, or the length of a lease on a leasehold flat, ask directly and get the answer in writing.
Sole agency is not sole selling rights
Under sole selling rights you may owe a fee even if you find the buyer yourself. Read which one you are signing, and check the tie-in and notice periods.
Fees and contracts
Selling fees are negotiable and usually quoted as a percentage plus VAT. Check whether the quoted figure includes VAT, what happens if you withdraw, how long the contract runs, and whether a fee is still payable for a period after it ends.
For tenants in England, the Tenant Fees Act 2019 bans most letting fees. A tenant can lawfully be charged rent, a capped deposit, a capped holding deposit and a small number of defined items. Anything else, including a charge for an inventory or for referencing, is prohibited.
Frequently asked questions
- Can I use more than one estate agent?
- It depends on your contract. Multiple agency allows it, usually at a higher fee. Sole agency and sole selling rights do not, and instructing a second agent during a tie-in can leave you liable for two fees.
- What can I do if an agent behaves badly?
- Complain to the agent in writing first and give them a chance to respond, usually within eight weeks. If you are not satisfied, escalate to their redress scheme, which is free to you and can award compensation. Trading Standards handles breaches of consumer protection law.
- Are online estate agents covered by the same rules?
- Yes. Redress scheme membership, material information requirements and consumer protection law apply whether or not the agent has a high street office. Check what happens if the property does not sell, since some online models charge up front either way.
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About this guide
Written and maintained by the LocalListed editorial team. It describes UK regulation and consumer protections in general terms and is not legal, financial or professional advice. Rules differ between England, Wales, Scotland and Northern Ireland, and change over time: always check the position with the named regulator before relying on it.