Letting agents warned over RRA tenant information sheet duty

Letting agents risk falling into a compliance gap under the Renters’ Rights Act unless responsibilities are made explicit, according to guidance issued alongside the government’s tenant information sheet.

The document confirms landlords must provide their tenants with a Renters’ Rights Act information sheet for new tenancies from 1 May, with failure to do so carrying fines of up to £7,000.

For agreements signed before that date, the requirement shifts to serving the information sheet rather than rewriting tenancy terms.

However, questions over who serves the document are already emerging.

Confusion over responsibility

Sean Hooker, the head of redress at Property Redress, said confusion between landlords and agents could quickly develop if roles are not clearly defined.

He said: “We now have the Renters’ Rights Act Information Sheet and clear guidance on how and by when landlords must serve it, but a gap could emerge where landlords assume their agent is handling it, while agents may think they need to be explicitly instructed and otherwise assume the landlord will deal with it.

“This is a good example of where confusion could arise between landlords and agents.”

Agents carry a mandatory duty to ensure the information sheet is served, even where landlords may also have provided it.

Agents have a duty

Mr Hooker said a direct instruction is not always required where an agent is acting on a landlord’s behalf.

He added: “Agents have a mandatory duty to make sure the Information Sheet is served to the tenant, even if the landlord has also provided it.

“They do not necessarily need specific instruction. If you are acting on behalf of the landlord, the safest approach is to serve it.”

That obligation may extend beyond full management arrangements with let-only and rent collection agents also being drawn into compliance if they are the tenant’s main contact.

Send the sheet out

Mr Hooker explained: “Agents who are let-only or let and rent collect may also need to serve the notice if they are the main point of contact with the tenant.

“The problem is many agency agreements are unclear on this and do not properly define responsibilities.

“The default position is that if you are acting for the landlord, you should act. If in doubt, send it out.”

Agents are also being urged to tighten communication with landlords and document their actions.

Keep an audit trail

Mr Hooker said a lack of clarity over who is responsible could result in disputes and complaints.

He said: “Agents should be proactively communicating with their landlords about this new requirement.

“While the legal responsibility sits with the landlord, failure to clearly agree who is handling compliance could lead to disputes and complaints.”

Methods of service are also defined, with physical copies or emailed PDFs accepted, but links alone deemed insufficient.

Mr Hooked added: “Agents should also make sure they keep a clear audit trail.

“Posting a hard copy or emailing the PDF document are acceptable methods of serving, but simply sending a link is not enough.”

He went on to say that there’s a deadline of 31 May for serving the information sheet and several Bank Holidays falling within the window.