Letting agents face potential compliance challenges under the Renters’ Rights Act (RRA) if their responsibilities regarding the tenant information sheet are not clearly defined. The government’s guidance highlights the risk of confusion between landlords and agents over who must serve this mandatory document, which must be provided to tenants from 1 May 2024.

Mandatory tenant information sheet requirement

Under the Renters’ Rights Act, landlords are required to supply tenants with an RRA information sheet at the start of new tenancies from 1 May 2024. Failure to comply can result in fines of up to £7,000. For agreements signed before this date, the obligation is to serve the information sheet rather than amend tenancy terms.

Despite this clear legal duty, uncertainty remains over who is responsible for delivering the document, particularly when letting agents are involved.

Confusion over who must serve the sheet

Sean Hooker, head of redress at Property Redress, warns that ambiguity between landlords and agents could create a compliance gap. He explains: “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 confusion risks non-compliance if neither party takes clear responsibility.

Letting agents’ mandatory duty

Mr Hooker emphasises that letting agents have a mandatory duty to ensure the information sheet is served to tenants, even if the landlord has already 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,” he advises.

This duty may extend beyond full management agents to include let-only and rent collection agents, particularly if they serve as the tenant’s main point of contact.

Implications for different types of agents

Agents who provide let-only or rent collection services may also be required to serve the information sheet if they are the primary contact for tenants. Mr Hooker notes: “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.”

Clear communication and documentation between agents and landlords are essential to avoid disputes.

Importance of communication and record-keeping

To prevent disputes and complaints, agents are urged to proactively communicate with landlords about the new requirement. “While the legal responsibility sits with the landlord, failure to clearly agree who is handling compliance could lead to disputes and complaints,” Mr Hooker warns.

Agents should maintain a clear audit trail of service, with acceptable methods including posting a hard copy or emailing a PDF of the information sheet. Simply sending a link to the document is insufficient.

Deadlines and practical considerations

The deadline for serving the Renters’ Rights Act information sheet is 31 May 2024. Agents and landlords should be mindful of several Bank Holidays occurring within this period, which may affect timing.

What this means for landlords

Landlords must ensure they either serve the RRA information sheet themselves or explicitly instruct their letting agents to do so. Given the risk of assumptions and compliance gaps, landlords should clarify responsibilities in their agency agreements and maintain open communication with their agents. Failure to comply carries significant financial penalties, making proactive management of this duty essential.

Source: Based on reporting from Property118

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