Who is actually responsible for my flat's safety if my landlord uses an agent?

The situation

I live in a shared flat in Manchester, England, which is a house in multiple occupation. I have been renting my room here since January 2023, paying £650 per month to a letting agency called Prime Lettings. The actual owner of the building is a lady named Mrs Higgins, but I have never actually spoken to her or seen her; I only deal with the agency staff who collect my monthly rent and handle all the repairs. Last week, a massive damp problem appeared in my bedroom, and I contacted the agency immediately. They told me they are just the agents and that I need to contact the owner directly to get any real help or to discuss safety certificates. I tried calling Mrs Higgins using a number I found online, but it just goes straight to voicemail every single time. I am worried because the mould is getting worse and I feel unsafe. If there is a serious breach of housing standards or a fire safety issue, is the agency legally the one in charge of managing the property, or is it strictly the owner who is responsible for everything, even if they have handed over all the rent collection and day-to-day running to someone else?

Detailed Analysis

In your situation in Manchester, the law does not allow Prime Lettings to simply wash their hands of your damp and safety concerns. Under the Housing Act 2004, the definition of who is in charge is quite broad.

First, the law defines a "person managing" a property. The Act states that a "person managing" includes the person who "receives (whether directly or through an agent or trustee) rents or other payments from... a house in multiple occupation"^[1]. Because Prime Lettings collects your £650 monthly rent and handles your repairs, they fall under this definition. This means they are legally recognized as a manager of the premises, even if they do not own the building.

Second, the law identifies the "owner" as the person "entitled to dispose of the fee simple of the premises"^[2]. This is Mrs. Higgins. While she is the owner, the agency acts as her representative in the day-to-day running of the house.

Because Prime Lettings is a "person managing" the HMO^[1], they have a legal role in the management of the property. They cannot claim they are "just the agents" to avoid their duties regarding the management of the house. However, the law provided does not explicitly state which party is primarily liable for a specific repair claim or a fine; it only defines who fits the legal descriptions of 'manager' and 'owner'. It is possible that both the owner and the agent could be held responsible depending on the specific management agreement between Mrs. Higgins and Prime Lettings.

Local council regulations in Manchester may add further rules regarding HMO licensing and specific safety standards.

Statutory Citations

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