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When the landlord won't comply: the letting agent's liability map

The CP12 is due, the landlord has gone quiet, and the tenant is in situ. Where does the letting agent's legal exposure actually sit — and how to protect yourself.

Every letting agent has had this conversation. The CP12 is due in three weeks, you’ve emailed the landlord twice, and they’ve gone quiet. Or the EICR came back with two C2 codes and the landlord thinks the electrician is “trying it on.” The property is tenanted. The clock is ticking. Whose problem is it, legally?

Short answer: yours, partly. And the split depends on your contract with the landlord and what the tenant is told.

The three exposure points

  1. Your agency agreement with the landlord. If your Terms of Business say you manage compliance (CP12, EICR, EPC, deposit protection, right-to-rent), a court or the Property Ombudsman will hold you to that. “The landlord wouldn’t approve it” is not a complete defence — you’re expected to document the refusal and escalate. If your agreement is silent or says “tenant find only,” your exposure is narrower but not zero.

  2. Your duty to the tenant. Under the Consumer Rights Act 2015 and the Consumer Protection from Unfair Trading Regulations 2008, you mustn’t create a misleading impression. If you market a property as “fully compliant” or let a new tenancy start knowing the CP12 has expired, that’s an unfair commercial practice — and the CMA and Trading Standards have taken action on exactly this.

  3. Redress scheme obligations. All letting agents in England must belong to a government-approved redress scheme — The Property Ombudsman or the Property Redress Scheme. Both schemes can award compensation against agents who knowingly let properties without valid compliance documents. The awards are typically £200–£1,500 per breach, but multiple breaches across a portfolio add up fast.

What actually happens when a landlord refuses to cooperate

  • Gas safety. If the CP12 lapses on a tenanted property, the HSE is the enforcement body but in practice local authorities prosecute. You as agent can be charged alongside the landlord if you knew and let the tenancy continue. In R v Crown Estates Commissioners and subsequent cases, managing agents have been convicted where they had control and failed to act.
  • EICR. Local authority serves remedial notice on the landlord. If you’re the managing agent, the notice typically names you too. Civil penalties up to £30,000 per breach.
  • EPC. Trading Standards enforce. Penalties £500–£5,000 depending on band. The agent is in the firing line if you marketed without a valid EPC.
  • Deposit protection. Tenant can claim 1–3x the deposit. If you held the deposit and didn’t protect it, you’re the defendant.

The practical playbook

  1. Put compliance triggers in writing in your Terms of Business. “The landlord agrees to authorise renewal of gas safety, electrical safety and EPC inspections when notified. If authorisation is not given within X days of notice, the agent reserves the right to: (a) instruct the work and invoice the landlord, or (b) serve notice to terminate management.” Both options protect you.

  2. Paper trail everything. Every email, every text, every call note. If the landlord goes quiet after you’ve flagged an expiring CP12, that silence needs to be documented. Screenshot “read receipts.” A dated file note saying “called landlord at 14:30 on 12 Feb, left voicemail re: CP12 expiring 28 Feb” is worth its weight in court.

  3. Know when to walk. If a landlord is actively refusing to carry out required safety work on a tenanted property, continuing to manage that property exposes you to criminal liability, not just civil. In those cases, serve notice to terminate the management agreement and tell the tenant (in neutral terms) that the property is no longer managed by you. Your redress scheme will usually back you on this.

  4. Don’t let new tenancies start on expired paperwork. Ever. The landlord’s “we’ll sort it next week” is the most common route to disaster. If the CP12 expires Friday and check-in is Monday, the check-in gets delayed.

What the Renters’ Rights Act changes for agents

From 1 May 2026, with Section 21 gone, possession requires proving a Section 8 ground with evidence. Compliance paperwork becomes a gating condition for many possession claims — an invalid EICR or missing deposit protection certificate can sink a possession case you’d otherwise win. Your role shifts from “chase the landlord” to “make sure the file is watertight before you ever need it.” Start now.

References and further reading

General guidance for letting agents, not legal advice. Redress scheme awards and prosecution thresholds vary — take specific advice on contested matters before acting.