Letting agents are being warned not to assume landlords will deal with the new Renters’ Rights Act information sheet after fresh guidance highlighted the risk of compliance failures ahead of the May deadline.
The warning follows the Government’s release of the new Renters’ Rights Act Information Sheet, which must be given to tenants in England as part of the upcoming changes to the private rented sector.
Agents have already been told the document must be served by 31 May 2026 for existing tenancies, creating a tight compliance window across the industry.
Concerns are now growing that uncertainty over who is responsible for issuing the document could leave some landlords and agents exposed, particularly where management agreements do not clearly define responsibilities.
ENFORCEMENT ACTION
Industry figures say the problem is most likely to arise in let-only and rent-collection arrangements, where agents remain the main contact with the tenant but may not see themselves as responsible for ongoing compliance.
Failure to serve the information sheet correctly could lead to disputes, complaints and potential enforcement action, with redress schemes expecting an increase in cases as the Renters’ Rights Act comes into force.
CONFUSION COULD ARISE
Sean Hooker (main picture, inset), Head of Redress at Property Redress Scheme, says: “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.”
MANDATORY DUTY
He adds: “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.
“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.”
DISPUTES AND COMPLAINTS
And he says: “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.
“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.”
“Finally, this is not something to leave until the last minute. There is a tight window to serve the information sheet by 31st May, with Easter and bank holidays in between, so agents should be getting organised now to avoid problems later.”
