Renters’ Rights Act: Your tenant information sheet guide
Since the publication of the Government’s information sheet, which needs to be provided to existing tenants under the Renters’ Rights Act, we have been contacted by thousands of you looking for clarity on how to serve the paperwork. Our chief policy officer Chris Norris runs through what you need to know – and the NRLA resources that can help you.
The tenant information sheet is a key document that must be served to be served to all existing tenants before 31st May to comply with the Renters’ Rights Act. The four-page sheet, which must be downloaded directly from the Government website here, outlines new rules on:
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Possessions and notice periods.
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The abolition of the fixed term.
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Rent increases.
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The right to keep a pet.
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Student lets.
It is worth pointing out there is nothing in this document that is ‘new’, these are changes we already know about, with the sheet created to inform tenants of the changes that will be coming in on 1st May when Assured Shorthold Tenancies (ASTs) automatically convert to Assured Periodic Tenancies (APTs)
However, be aware, it is mandatory to provide your tenants with this document, and failure to do so could land you with a £7,000 fine, going up to £40,000 if you then fail to serve it within 28 days, or are identified as a repeat offender.
What do the rules say?
The rules apply to Assured or Assured Shorthold Tenancies signed before 1 May this year, with different requirements depending on whether you have a written or verbal contract:
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Written tenancies: If your tenancy is wholly or partially in writing you must serve the information sheet by 31st May.
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Verbal agreements: If it is wholly oral tenancy, you must instead serve a written statement setting out the key terms of your tenancy, which is available from our website here.
How can I prove I have served these mandatory documents?
Our support team has been inundated with calls since the Government announcement, recording our busiest day on record last week as a result.
Many of the thousands of questions coming in have focussed on how exactly to serve the paperwork, with many of you keen to ensure there is a ‘paper trail’ of proof, should anything go wrong.
To this end we have now produced a document that your tenants can sign to prove they have received the information sheet, as well as guidance on how to do this, giving you the peace of mind that you can evidence that the document was served.
You can either:
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Print a hard copy and post or hand it to your tenants in person, or
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Send a PDF of the document as an attachment to an email or text message
Be aware, the Government has been clear that sending a link to the document or the GOV.UK webpage where it is housed is not sufficient.
It has also stressed your managing agent has a responsibility to serve the document to your tenants even if they have it from you.
While there is nothing in the Government guidance to suggest you as a landlord would be held responsible if your agent did not serve the document on your behalf, it is a good idea to check with them, again, for your own peace of mind.
Covering letter and receipt
If you are posting or hand delivering the document we have a covering letter explaining the purpose of the document, with spaces for each of the tenants to sign to prove they have received it, which they then return to you.
What if they won’t sign?
If your tenants won't sign to confirm receipt, then you can also evidence service through:
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Proof of postage to the correct address (and a photograph showing the contents of the post).
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A witness statement if you take a witness with you to serve notice or have an agent or process server deliver the notice;
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A time-stamped photograph of you posting the information sheet through the letterbox if serving alone at the property.
Email and PDF
If your tenancy agreement allows for service via email ( as our NRLA tenancy agreements do – and you have all your tenants’ email addresses – then you can comply by sending a copy of the document as an attachment to them this way, retaining a copy of the email to prove you sent it to the correct email address or addresses.
If you don’t have an agreement of this nature but do have the correct email addresses you can still serve the information sheet this way and ask your tenants to confirm they have received the sheet via email.
What if they don’t reply?
If your tenants don't respond to the email, then you should follow up by texting them to confirm you sent it and asking for confirmation of receipt – also checking the email address, or addresses are correct.
When doing this, be aware of the 31st May deadline and be sure to follow up on the initial email. If they have not received the document, you need to make sure you still have time to serve it by hand or by post.
Are there any exemptions?
Not as such, although there are specific rules if you are in the middle of a possession claim at the point at which the Renters’ Rights Act comes into force, known as ‘transitional rules for possession claims’.
These will allow affected tenancies to continue as ASTs after 1st May, and in these cases the Information Sheet or written statement will only need to be served within one month of the tenancy ceasing to be an AST.
New documents this week
In addition to the paperwork already available on our Renters' Rights Act Hub we have added more new documents this week, including:
These will ensure you have all the tools you need to start negotiating new tenancies after 1st May.
More information
- To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here.
- We have also developed an exclusive Navigator tool, offering you your personalised "to-do list” tailored to your needs, which can be accessed here.
- The NRLA's award-winning training academy runs a comprehensive Renters' Rights Act training offer. Click here to book your place.