Independent agency launch checklist (US, Canada, UK, New Zealand)

This is educational, not legal, tax or financial advice. Rules differ by state, province and nation, change often, and depend on exactly what you do (letting only, managing, holding money). Each item names the kind of body that sets the rule so you can check it at the source, or with a solicitor, lawyer, accountant or your professional body. Items marked [VERIFY] were correct to the best of our checking on 2026-09-23 and are the ones most likely to move.

Each market has the same four parts: permission to trade, **how you advertise and take applications, money and records, and looking established**. Only the last part is about marketing, and it is short on purpose.

United States

Permission to trade

[ ] Licensing. In most states, leasing or managing property for someone else for a fee needs a real estate license (often a broker's license, or working under one); some states have a separate property management license or exemptions. Check with your state real estate commission before you take your first owner. [VERIFY: your state's rule]
[ ] Business entity and registration with your state; an EIN from the IRS if you have employees or a partnership/LLC that needs one.
[ ] Local business license or registration where your city or county requires it.
[ ] Errors and omissions (E&O) and general liability insurance. Some states require E&O for licensees.
[ ] A written management or leasing agreement with each owner: fee, scope, who holds deposits, how you report.

Advertising and applications

[ ] Fair Housing. Federal law prohibits advertising that indicates a preference or limitation based on race, color, religion, sex, disability, familial status or national origin (Fair Housing Act, 42 U.S.C. 3604(c); HUD guidance). Many states and cities add protected classes, often including source of income. Describe the property, not the person you want.
[ ] Application fees. Several states and cities cap, restrict or require disclosure of rental application and screening fees. Check your state and city before charging one. [VERIFY: your state and city]
[ ] Screening reports. If you use consumer reports to decide on an applicant, the Fair Credit Reporting Act's adverse-action notice rules apply (FTC guidance).
[ ] Lead-based paint disclosure for housing built before 1978 (EPA/HUD).
[ ] Local rules on what a listing must state (rent, fees, deposits) and on criminal-history questions in some cities. [VERIFY: your city]
[ ] Texting and email. Marketing texts need prior consent under the TCPA; business texting from software usually needs A2P 10DLC registration. Marketing email follows CAN-SPAM (sender identity, postal address, working unsubscribe). [VERIFY: your SMS provider's current registration rules]

Money and records

[ ] Trust or escrow account for any owner or tenant money you hold, if your state requires one, with the record-keeping your commission specifies.
[ ] Security deposit rules (limits, where it is held, interest, return deadline) are set by state and sometimes city law.
[ ] Bookkeeping set up from day one; 1099s for owners and contractors as applicable (IRS).
[ ] A privacy notice and a plan for applicant documents: who can see them, how long you keep them, how you delete them.

Looking established

[ ] A site with your name, every property on its own page, and a way to ask a question or book a showing.
[ ] One link for "everything I have available" (bio, email signature, business card).
[ ] Google Business Profile with the same name, phone and hours as the site.
[ ] An owner-facing page or PDF: what you do, what you charge, how you report.
[ ] Email on your own domain, not a free webmail address.
[ ] A weekly owner update you actually send (keyword OWNER).

Official starting points: your state real estate commission (ARELLO directory, arello.org); HUD Fair Housing (hud.gov/fairhousing); FTC on FCRA and CAN-SPAM (ftc.gov); EPA lead disclosure (epa.gov/lead).

Canada

Permission to trade

[ ] Provincial licensing. Leasing or managing for others is regulated province by province. Examples: Ontario requires registration with RECO to trade in real estate, including leasing for others; British Columbia requires a rental property management licence from BCFSA; Alberta licenses property management through RECA. Other provinces differ. [VERIFY: your province]
[ ] Business registration with your province; a CRA business number.
[ ] GST/HST registration once taxable revenue passes the small-supplier threshold (C$30,000 over four consecutive quarters). [VERIFY: CRA]
[ ] Errors and omissions insurance (mandatory for registrants in some provinces) and general liability.
[ ] A written agreement with each landlord.

Advertising and applications

[ ] Human rights codes. Each province's code prohibits discrimination in housing on listed grounds (for example, Ontario's includes receipt of public assistance and family status). Advertise the property, not the tenant you want.
[ ] Residential tenancy law is provincial: deposits, what you may collect, mandatory lease forms (Ontario's standard lease), and notice rules. Check your province's tenancy branch or board.
[ ] Privacy. PIPEDA applies to private-sector businesses in most provinces; Alberta, BC and Quebec have their own private-sector laws. Collect only what you need from applicants; the Office of the Privacy Commissioner has guidance for landlords. [VERIFY: your province]
[ ] CASL for commercial email and texts: consent, sender identification, working unsubscribe.
[ ] Quebec: French-language requirements for commercial communications and contracts. [VERIFY: Charter of the French Language, as amended by Bill 96]

Money and records

[ ] Trust account rules for deposits and rent you hold, per your provincial regulator.
[ ] Deposit limits and interest (for example, Ontario limits deposits to last month's rent and requires interest). [VERIFY: your province]
[ ] Bookkeeping from day one; T-slips as applicable.
[ ] A retention and deletion rule for applicant documents.

Looking established

[ ] A site with your name and every property on its own page, with a way to ask a question or book a showing.
[ ] One link for everything available.
[ ] Google Business Profile matching the site.
[ ] A landlord-facing page: services, fees, reporting.
[ ] Email on your own domain.
[ ] A weekly landlord update you actually send (keyword OWNER).

Official starting points: RECO (reco.on.ca), BCFSA (bcfsa.ca), RECA (reca.ca), your province's tenancy board or branch, OPC (priv.gc.ca), CRTC on CASL (crtc.gc.ca), CRA (canada.ca).

United Kingdom

Rules differ between England, Wales, Scotland and Northern Ireland. The items below are for England unless stated.

Permission to trade

[ ] Redress scheme. Letting agents and property managers in England must belong to a government-approved redress scheme (The Property Ombudsman or the Property Redress Scheme).
[ ] Client Money Protection. If you hold client money, membership of an approved CMP scheme has been mandatory since April 2019, with the certificate displayed.
[ ] Anti-money laundering. Letting agency businesses handling tenancies at or above the equivalent of €10,000 a month must register with HMRC for AML supervision (unless supervised by another body). [VERIFY: HMRC]
[ ] ICO data protection fee registration.
[ ] Wales: a Rent Smart Wales licence. Scotland: registration on the Scottish Letting Agent Register and the Letting Agent Code of Practice. [VERIFY]
[ ] Professional indemnity insurance; optional membership of a professional body (for example Propertymark or Safeagent).
[ ] Terms of business with each landlord.

Advertising and applications

[ ] Fees transparency. Display all fees to landlords and tenants, with your redress and CMP membership, on your website and in the office (Consumer Rights Act 2015).
[ ] Tenant fees. Letting agents in England cannot charge tenants fees beyond those the Tenant Fees Act 2019 permits.
[ ] Renters' Rights Act 2025. From 1 May 2026 in England: periodic tenancies replace most fixed-term assured shorthold tenancies, section 21 is abolished for most tenancies, the proposed rent must be stated in adverts and higher offers cannot be accepted (no rent bidding), and rent in advance is limited. Later phases add a landlord database and ombudsman. [VERIFY: gov.uk Renters' Rights guidance for the current phase]
[ ] Material information in listings. See the separate checklist (keyword MATERIAL).
[ ] Right to Rent checks in England before a tenancy starts (Home Office).
[ ] Equality Act 2010: no discrimination in letting or advertising.
[ ] PECR and UK GDPR for marketing email and texts: consent or the soft opt-in for existing customers, and a working unsubscribe.

Money and records

[ ] Deposit protection in a government-approved scheme within 30 days, with prescribed information to the tenant.
[ ] A client account separate from office money.
[ ] Compliance records per property: gas safety, electrical safety (EICR), EPC, smoke and carbon monoxide alarms, HMO licence where applicable.
[ ] A retention and deletion rule for applicant documents.

Looking established

[ ] A site with your name and every property on its own page, with a way to enquire or book a viewing.
[ ] One link for everything to let.
[ ] Google Business Profile matching the site.
[ ] A landlord-facing page: services, fees (as displayed above), how you report.
[ ] Email on your own domain.
[ ] A weekly landlord update you actually send (keyword OWNER).

Official starting points: gov.uk (letting agents, Renters' Rights, Right to Rent, deposit protection), HMRC AML supervision, ico.org.uk, rentsmart.gov.wales, the Scottish Government letting agent register.

New Zealand

Permission to trade

[ ] Licensing. Selling real estate needs a licence under the Real Estate Agents Act 2008 (Real Estate Authority). Residential property management is not licensed today. The Government announced a "light-touch" regulatory regime on 24 March 2026; it is not yet law. [VERIFY: Tenancy Services / HUD for progress]
[ ] Business structure and IRD number; GST registration once turnover passes NZ$60,000 in 12 months. [VERIFY: IRD]
[ ] AML/CFT. Real estate agents are reporting entities; check whether your activities bring you in. [VERIFY: DIA AML/CFT guidance]
[ ] Professional indemnity and public liability insurance; optional membership of REINZ or a property managers' association.
[ ] A written management agreement with each landlord.

Advertising and applications

[ ] Rent in the advert. A rental advert must state the rent and must not invite rental bids (Residential Tenancies Act 1986).
[ ] Letting fees cannot be charged to tenants (since December 2018).
[ ] Human Rights Act 1993: no discrimination on prohibited grounds when advertising or choosing tenants.
[ ] Privacy Act 2020. Collect only information you need to decide on an applicant; the Privacy Commissioner publishes guidance for landlords and property managers on what is reasonable to ask.
[ ] Unsolicited Electronic Messages Act 2007 for commercial email and texts: consent, sender identification, working unsubscribe.
[ ] Healthy Homes compliance and insulation statements belong in the tenancy agreement; know which apply to each property. [VERIFY: tenancy.govt.nz]

Money and records

[ ] Bond lodged with Tenancy Services within 23 working days of receiving it.
[ ] A separate trust or client account for landlord money you hold.
[ ] Records per property for Healthy Homes, insulation and any tenancy tribunal matters.
[ ] A retention and deletion rule for applicant documents.

Looking established

[ ] A site with your name and every property on its own page, with a way to enquire or book a viewing.
[ ] One link for everything available.
[ ] Google Business Profile matching the site.
[ ] A landlord-facing page: services, fees, reporting.
[ ] Email on your own domain.
[ ] A weekly landlord update you actually send (keyword OWNER).

Official starting points: tenancy.govt.nz, rea.govt.nz, privacy.org.nz, ird.govt.nz, dia.govt.nz (AML/CFT, UEMA).

Where Loftfolio fits (optional reading)

Loftfolio covers part of "looking established" and nothing in the other three parts: a branded site at yourname.loftfolio.com, live the same day, a page per property, and every inquiry/enquiry made on that site arriving as an application. It does not hold money, protect deposits, do screening or referencing, or make a listing compliant with local rules; only the UK material-information fields are built in. It is US$39 a month (Starter), no contract. What Loftfolio does not do