Managing agent licensing responsibilities: who is liable?

Appointing a managing agent does not automatically transfer licensing responsibility away from the landlord unless the arrangement is set up correctly.

5 min read · Updated 2 August 2026

Overview

Appointing a managing agent does not automatically transfer licensing responsibility away from the landlord unless the arrangement is set up correctly.

Who applies for the licence

Councils usually require the licence holder to be a fit and proper person with control of the property, which can be the landlord or the agent by agreement.

Checking the management agreement

Confirm in writing who is responsible for applying, renewing and complying with licence conditions.

Liability if things go wrong

Landlords can still face enforcement action even where an agent was managing the property, if the licence was in the landlord's name.

Due diligence on agents

Check an agent's track record with licensing compliance before appointing them, particularly in areas with active enforcement.

Frequently asked questions

If my agent manages the HMO, am I still liable?

Usually yes. Liability can attach to the person managing and the person having control, so both landlord and agent can be prosecuted.

Should the management agreement cover licensing?

Yes. Set out clearly who applies for licences, who keeps compliance records, and who deals with council correspondence.

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This guide is general information for UK landlords and letting agents, not legal advice. Rules differ across England, Wales, Scotland and Northern Ireland — check your local requirements or take advice before acting.