A PRS expert has reassured anxious landlords there is still time to serve the mandatory information sheet, just days before they face a potential £7,000 fine per tenancy for failing to comply.

Landlords in England are legally required to issue the sheet to tenants under the Renters’ Rights Act by 31st May if it is an assured or assured shorthold tenancy created before 1st May.

Landlord forums currently include questions such as asking if tenants need to physically sign and return the sheet or use Docusign in order to be compliant. Some report that they have used three methods at once - emailed, sent a WhatsApp and hand posted the form to ensure they don’t get caught out.

However, the law is not specific about how you prove it has been served, advises Sean Hooker, head of redress at Property Redress Scheme. Tenants also don’t need to confirm they’ve received it by replying.

Postage

The sheet can be deemed served if sent by Royal Mail postage, although where possible get some form of proof of postage, he suggests. A picture of you putting an envelope with a valid address and, at this stage, a fully paid first class stamp on it is one way, but a post office receipt or electronic trace are other ways, says Hooker. He adds that while recorded delivery may seem a good idea; a tenant may refuse to sign for it and deny ever receiving it.

Landlords can also serve it by email but it’s important to check that the tenancy agreement allows for this - and again check for bounce backs. “Be cautious between using a delivery receipt and read receipt and always try and ensure you send the PDF copy from an email address you know is on the tenant’s approved address list,” advises Hooker. “I would therefore always send a separate email to each individual and eligible tenant in shared accommodation, joint tenancies or anyone named on the tenancy. Permitted occupiers and guarantors do not need to be served.”

Link

A link is not sufficient, so don’t send one by WhatsApp or text, he adds.

If hand delivering the sheet, ensure you have the photographic evidence of you either handing it to the tenant or posting it through a secure letter box, he says, while a professional notice server would be deemed a reliable witness.

Agent

Hooker adds that if an agent manages your property, they have an obligation to send the sheet. He also points to an official form used to prove to a civil court that papers and notices have been served on a party. Form N215 can be downloaded here although it will not need to be submitted unless the matter ends up in court. “It is a recommended belt and braces precaution to complete,” he suggests.

A Freedom of Information request by Landlord Studio, a property management platform, found that the document was downloaded from the government website 153,000 times in the four weeks after publication in March.

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