Would you consider paragraph 5 of Schedule 2 to the Regulatory Reform (Business Tenancies) (England & Wales) Order 2003 to have been complied with if the endorsement on the lease does not refer to the date of the relevant statutory declaration?

The Regulatory Reform (Business Tenancies) (England and Wales) Order 2003 (RRO 2003), SI 2003/3096, Sch 2, paras 5–6 require, as part of the contracting out process, reference to the landlord’s notice and to the tenant’s simple or statutory declaration and reference to the parties’ agreement under section 38A(1) of the Landlord and Tenant Act 1954 to be contained in or endorsed on the instrument creating the tenancy:

1. •

   paragraph 5—‘A reference to the notice and, where paragraph 3 applies, the declaration or, where paragraph 4 applies, the statutory declaration must be contained in or endorsed on the instrument creating the tenancy’

2. •

   paragraph 6—‘The agreement under section 38A(1) of the Act, or a reference