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Letting agent client money failings: what landlords should check

Flat illustration of a landlord reviewing a letting agent money protection checklist beside simple rented houses

A letting agency has been ordered to pay a 15,000 pound civil penalty after council enforcement over client money protection failings, in a case that underlines a practical risk for landlords who use agents to handle rent, deposits or maintenance funds.

Property Industry Eye reported that Homelet PMS Ltd in Kent was fined by Medway Council after failing to comply with the Client Money Protection Schemes for Property Agents Regulations 2019. Those rules require letting agents in England that hold client money to belong to an approved client money protection scheme.

The article said a council inspection in January 2023 found the business was not a member of a scheme. Officers reportedly gave advice and guidance to help the company become compliant. The council later acted after receiving evidence from an individual who said the company was holding their money while operating without client money protection in place.

According to the report, Medway Council issued a formal warning in May 2024 and then a notice of intent to impose a 15,000 pound financial penalty in September 2024. A final notice followed in November 2024. The penalty was eventually paid in full in March 2026 before further debt recovery action was required.

Why this matters for landlords

Client money protection is not just a back-office compliance detail for agents. It is meant to protect money that may belong to landlords or tenants if an agent misuses funds, fails financially or otherwise cannot account for money it has been holding.

For landlords, the obvious examples include rent collected by an agent before it is transferred, tenancy deposits or holding deposits where the agent is involved, and money held for repairs, maintenance, management charges or contractor payments. Where an agent handles those funds, landlords need confidence that the business is operating within the required framework.

The rules are separate from the landlord’s own obligations around tenancy deposits and property management. A landlord may have delegated day-to-day administration to an agent, but the choice of agent can still create practical risk if records are poor, money is delayed, or a compliance gap emerges. That is why agent due diligence should be treated as part of ordinary landlord administration, not a one-off check when the agency agreement is signed.

What to check with an agent

A sensible starting point is to ask the agent which approved client money protection scheme it belongs to, and to keep a copy of the current certificate or membership evidence. Landlords can also check whether the membership details match the exact trading name, company name or branch they are dealing with.

It is also worth checking the agency agreement for how client money is handled. That includes when rent is passed on, how deductions are authorised, what happens to maintenance funds, and what records the agent will provide. Clear statements, itemised deductions and prompt remittance reports make it easier to spot issues early.

Where an agent manages deposits, landlords should also keep deposit protection records in order and understand who is responsible for prescribed information and scheme deadlines. Client money protection and tenancy deposit protection are different safeguards, and one does not replace the other.

Landlords who are reviewing agent arrangements may find it useful to read our earlier note on checks before appointing an agent, which covers wider red flags around professional membership and complaints routes.

Records matter if something goes wrong

The Medway case also shows why written records matter. Council enforcement can unfold over a long period, and a landlord or tenant may need to show what money was held, when it was paid, and what communications took place.

Landlords should keep copies of agency terms, rent statements, invoices, maintenance approvals, deposit records, scheme certificates and any correspondence about missing or delayed payments. If an agent changes trading details, merges, closes a branch or stops responding promptly, those records can help landlords work out what has happened and what questions to ask next.

The practical takeaway is straightforward: if a letting agent handles money, client money protection should be checked and recorded. It is an informational safeguard, not a guarantee that every problem will be avoided, but it is one of the basic checks landlords can make before relying on an agent to manage rental income or tenant funds.

Landlords with concerns about a specific agent, missing money or a live dispute should consider the relevant official routes and take professional advice where needed. This article is general information only and is not legal or financial advice.