A property expert has warned that confusion could arise between landlords and agents over who is responsible for handing tenants the new information sheet.

Landlords must give this to tenants by 31st May if the tenancy is an assured or assured shorthold tenancy, was created before 1st May 2026 and has a wholly or partly written record of terms - including a written tenancy agreement.

Letting agents who manage a landlord's property must also give tenants the sheet, even if the landlord has already done this, says the government.

Sean Hooker, head of redress at Property Redress (pictured), believes 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.

“Agents have a mandatory duty to make sure the information sheet is served to the tenant, even if the landlord has also provided it,” Hooker tells LandlordZONE. “They do not necessarily need specific instruction. If you are acting on behalf of the landlord, the safest approach is to serve it.”

Collect

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, he adds. However, the problem is that many agency agreements are unclear on this and don’t properly define responsibilities. “The default position is that if you are acting for the landlord, you should act. If in doubt, send it out.”

Hooker advises agents to proactively communicate 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, he warns.

Window

“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.”

Any tenancy that is signed and in existence before 1st May must get this document, even if occupancy actually starts after 1st May, adds David Smith, solicitor at Constant, Spector & Williams (pictured left).

Although the government has said the information sheet can be sent by email as a PDF attachment, Smith advises caution. “While the sheet can be sent by email it is for the landlord or agent to show that it is served. If there is not a deemed service clause in your tenancy agreement that allows for service by email, then sending it by that means is a risk as the tenant may not get it and it will be hard to prove.”

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