Incorrect Solicitors Advice on How to Rent Guide and Prescribed Information?

Your solicitors are probably correct. The relevant regulations for serviceof the how to rent booklet are The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015.

S3(3) says:
"The information may be provided to the tenant—

(a) in hard copy; or

(b) where the tenant has notified the landlord, or a person acting on behalf of the landlord, of an e-mail address at which the tenant is content to accept service of notices and other documents given under or in connection with the tenancy, by e-mail"

The clause in your tenancy agreement may be sufficient but it does not specifically say that the email can be used for the service of documents. So the Judge may refuse to accept it.

As regards the deposit point, again, your solicitors have a point. The regulations are here: https://www.legislation.gov.uk/uksi/2007/797/article/2/made Section 2(g) sets out the information that must be provided in the prescribed information and (vi) says "the circumstances when all or part of the deposit may be retained by the landlord, by reference to the terms of the tenancy"

This is important as it tells the tenant where in the tenancy agreement they need to look to find out what things the landlord can claim for.

There have been indications in case law that Judges may be willing to overlook some errors, but even if they might be, they may not be prepared to overlook two errors.

Then - do you want to risk this? Section 21 is about to be abolished. If you find out that the Judge is not going to grant a possession order after the Renters Rights Bill comes into force, you may have lost your chance permanently to use section 21.

It is up to you, of course, but the safer option is to take your solicitor's advice and re-serve the notice after taking the necessary corrective action.

I have unfortunately had to evict 3 tenants in the past 3 years using Section 8/Section 21. In all cases I used Legal for Landlords who thoroughly checked all my documents and I had to specify how each notice/document was served. They were mostly served by email, particularly when it was served when the tenants renewed. In every case the judge allowed the possession with no problem if it was served by email or even by WhatsApp.
The fact that the Agency's standard forms allow the possibility of various forms of serving notice surely means that all are acceptable. I don't know if you had to pay for your current solicitor but I would get rid of them and use Legal For Landlords for a better service.

Do you/did you get the tenant to sign and date a doc (in triplicate) at check in that they had received ALL the required pre-tenancy and tenancy documentation and the doc lists each doc and how and when it was given/sent/delivered?

Your Point Number 2 in relation to references made in tenancy agreement in what Circumstances Deposit will be withheld" is "CORRECT" as back in 2016 NO Win NO Fees solicitors tried to argue this point but my barrister was able to point out Clause in Tenancy agreement which meant Tenant lost the case and I got possession order granted.

Reply to the comment left by Helen at 14/02/2025 - 11:06
We also used LegalforLandlords. Excellent service with reasonable prices.

And reading this, is why any tenant less than perfect can't get a home any more. Why oh Why should it matter how a Right to Rent is served?
But that's the rules they've bought in to try hold up a Landlady getting her own property back. Totally irrelevant, but this is why many of us are selling.
You've evict cause you've not gave her boiler certificate 9 years ago.
Oh but Judge, I've had a new boiler since then, so irrelevant.
Listen here Mr Roberts, the law is the law, no eviction forever.
So new boiler doesn't matter either.
I'm OUT OF HERE.

Similar position here and serving s21 tomorrow on difficult tenants, planning on also serving a section 13 in 4 weeks time to double the rent when s21 expires in case they try and stay.
Does that make sense ?