Letting agents are being urged to steer clear of costly mistakes caused by confusion over the Renters’ Rights Act.

A spokesperson for an industry service redressing issues between consumers and landlord, says: “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 are required to ensure the newly published Information Sheet is served to the tenant, even if the landlord has already provided it. This obligation applies automatically and does not depend on receiving specific instructions.

The company warns: “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 spokesman for the company argues that the root of the problem is the lack of clarity in many agency agreements, which often do not define responsibilities adequately.

And says: “The default position is that if you are acting for the landlord, you should act. If in doubt, send it out.” Suggesting agents take a proactive approach and open discussions with their landlords about the new requirement. 

Although the legal obligation is the landlord’s, unclear arrangements over who is managing compliance could expose both parties to disagreements and formal complaints.

He continues: “Agents should also make sure they keep a clear audit trail” he continues.

“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 May 31, with Easter and bank holidays in between, so agents should be getting organised now to avoid problems later.”