Propertymark has updated its guidance. Both landlord and agent must serve the notice – and it must be issued after 1 May. Here’s what that means for you, and why we’re already taking care of it.
There has been considerable confusion surrounding the Renters Rights Bill’s requirement to issue a prescribed information sheet to tenants and no shortage of conflicting opinions about how to do it correctly. But guidance is now clearer, and landlords need to take note immediately.
What Propertymark is now saying
Propertymark, the leading professional body for property agents, has updated its guidance with a critical change. The position is now unambiguous: both the landlord and the letting agent should serve the prescribed Renters Rights information sheet, and it must be served after 1 May.
“Both landlord and agent should serve the Renters Rights information – and this should be done after 1 May to ensure compliance.”
— Propertymark updated guidance
This is a significant shift, and it matters enormously. Serving incorrectly, whether too early, without the right documentation, or without keeping proper evidence, could have serious consequences for landlords with fines up to £7,000.
Why getting it right matters
The rules for service are very important and very strict. If you serve this incorrectly there is the very real risk of a fine up to £7,000 and issues later on if you need possession.
Des Taylor of Landlord Defence is emphatic on this point. Serving the correct documents, in the correct way, with evidence you have done so is not merely best practice, it is your legal protection.
“Serving correctly and keeping evidence of service is not optional. It is the foundation of every landlord’s ability to rely on their legal rights.”
— Des Taylor, Landlord Defence
The importance of having a clear, timestamped record of service cannot be overstated. Without evidence that the notice was properly served, landlords may find themselves unable to act when it matters most.
The GDPR question: your agent may be wrong
One issue that has come up repeatedly is landlords being refused their tenants’ contact details by agents, with GDPR cited as the reason. Let’s be direct: this is not correct.
Important – know your rights
As the landlord, you have a legitimate interest in receiving your tenants’ contact details. You need this information to fulfil your own legal obligations – including serving prescribed notices. GDPR does not prevent your agent from sharing this information with you. If your agent is refusing, you should ask yourself whether they are genuinely acting in your best interest – or protecting their own commercial position.
This is one of many areas where the Renters Rights Bill has been poorly communicated, leading to a wide range of interpretations, some of them simply incorrect. Our strong advice is this: do not take chances, and do not rely on uninformed opinion. Listen to the experts.
Our advice: don’t leave it to chance
The legislation is complex, the guidance has been inconsistent, and the consequences of getting it wrong are real. With so much at stake, the only sensible approach is to ensure notices are served correctly, by the right parties, at the right time, with proper evidence retained.
What we’re doing for our landlords
As part of our service, we are issuing both notices on your behalf – ensuring that the landlord notice and the agent notice are both served correctly, after 1 May, with full evidence of service retained. You don’t need to chase this. We have it covered.
Compliance Shield – protecting landlords, properly
We take compliance seriously so you don’t have to. Visit our Compliance Shield service to see exactly how we’re keeping your portfolio legally protected through the Renters Rights changes. Or get in touch using the form below and we’ll sign you up for other important updates.
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