New 'How to Rent' guide expected in October 2023
With an update to the 'How to rent' guide expected on 2nd October 2023, here we explain what it is and why it's so important to Landlords and the lettings processes.
By law the current version of the Governments How to rent guide needs to be provided to the tenant when a new assured shorthold tenancy starts. There is no requirement to provide the document again if the assured shorthold tenancy is renewed UNLESS the document has been updated.
What’s in the new guide?
We expect the new guide to include the new Housing Loss Prevention Advice Service, which offers tenants legal advice on housing and possessions.
What is the ‘How to Rent’ guide?
The ‘How to Rent’ guide is an online government document that all tenants must be provided at the start, or renewal of their tenancy, if the document has been updated.
The guide is for tenants and landlords in the private rented sector to help them understand their rights and responsibilities.
It provides a checklist and detailed information on each stage of the process, including:
· what to look out for before renting
· living in a rented home
· what happens at the end of a tenancy
· what to do if things go wrong
The landlord or the letting agent should give the CURRENT version of the How to rent guide to the tenant when a new assured shorthold tenancy starts. Whilst there is no requirement for them to provide the document again if the tenancy is renewed or moves to a periodic, if it has been updated it will need to be reissued.
When does the guide need to be given to the tenant?
The latest available version of the guide needs to be shared with the tenant when their new assured shorthold tenancy starts.
This is a legal requirement under the Deregulation Act 2015. The guide can be either printed to give to the tenant, or sent via email, with the tenant's permission.
Why is the guide so important?
Failure to serve the current version of the guide will lead to a Landlords notice for possession being invalid!
The tenant should always receive the latest version. This can be download here: ‘How to Rent’ guide
In regards to how tenants should receive the document, this is entirely up to the landlord. Some landlords print and send the document to the tenant’s property. However, we would always recommend emailing tenants the latest link to the document, as well as ensuring you have a signed document that confirms they have received it as proof.
If you are unsure about the guide or what you should do please do not hesitate to contact our office - we are here and ready to help.
What happens if you don’t serve the guide or serve it wrong?
If you want to evict a tenant with a section 21 notice, you'll need to have provided them with a How to rent guide. If you haven't done that, you won't be able to serve notice.
Similarly, you'll need to make sure that you've served it at the right time, which is before the tenants have moved in.
If your applicants don't receive the document before their new tenancy starts, this could potentially invalidate the section 21 notice to evict your tenant. However, issuing a section 8 notice will be unaffected by the How to rent guide process.
How to ensure you’re compliant?
Make sure that you check the government's site to see when the latest version of the guide was issued. The page has a log of any updates made to the document, so you can check if anything has changed since you issued the tenancy, particularly for a tenancy renewal.
To avoid any mistakes, take the latest version from the government's site to share at the start of each tenancy. This can be downloaded here: ‘How to Rent’ guide
Make sure that you keep an audit trail of what your tenants have received. You can ask them to sign a document to confirm, and keep track of any email communications.