Category: Property

On 1 October 2015, new rules came into force in England regarding Section 21 Notices. One of the changes is that, for any tenancies starting on or after the above date, the landlord must provide the tenant(s) with a copy of the government’s “How to Rent” Guide. Here we will explain what landlords need to know about this new obligation.

What is the “How to Rent” Guide?
You can download a copy of the “How to Rent” Guide from the Gov.uk website. It is essentially a checklist for prospective tenants which guides them through the process of finding and securing a rental property, advises on what they need to know from their landlord and what the responsibilities of both parties are, discusses what happens at the end of a tenancy and offers guidance on what to do if problems arise.
Some of the information in the guide are defunct by the time you issue your tenants with their copy on the first day of their tenancy – for instance the checklists about what to do before looking for rental properties and what to ask about before agreeing a rental. However, there is still a lot of useful information in there about their rights and responsibilities during their tenancy, and what to do when the tenancy period ends, so it is worthwhile for them to have this document to inform themselves. Crucially, it advises them on what will happen if you choose to end the tenancy, which is why the new rule relates to Section 21 Notices.

What are my responsibilities as landlords/agents?
You are responsible for providing a copy of the most up-to-date “How to Rent” Guide on the first day of a new tenancy, effective from 1 October 2015. This can be in the form of a hard copy (printed at your cost from the Gov.uk website) or e-mailed to the tenants where they have provided e-mail addresses. The current guide states that it is best viewed online as it contains hyperlinks to further information and so an e-mailed copy would be ideal. It would be wise to gain some form of proof that you have issued the guide. If you have provided a hard copy, you could keep a second copy signed by the tenants on file, or ask them to sign a form stating they have received the guide. For guides supplied by e-mail a simple reply to acknowledge receipt would suffice.
You do not need to supply a new copy of the guide in the event of it being updated, as long as the tenancy is ongoing. For tenancy renewals, and in the event of one tenancy coming to an end and a new tenancy beginning, you would need to obtain and issue the most up to date version.
It is important to note that if you do not provide your tenants with a copy of the “How to Rent” Guide, you will not be able to serve a Section 21 Notice to regain possession of your property. This can have serious consequences, and so compliance with this minor task could save you a lot of hassle in future.

Most tenancies in the UK come under the category of Assured Shorthold Tenancy. A Tenancy Agreement is essential for the protection of both landlord and tenant, and while it can be in the form of an oral contract, a written document provides more security for all parties in the case of a dispute. This article will explain what landlords need to know about Assured Shorthold Tenancy Agreements.

What is an Assured Shorthold Tenancy (AST)?
The majority of new tenancies are automatically classed as Assured Shorthold Tenancies (ASTs). If you are a private landlord or housing association and not resident in the property, the tenancy started after 27 February 1997, and the property is the tenant’s main residence, then the tenancy type is almost definitely an AST. There are some exclusions from this, for instance if the yearly rent is less than £250 (£1000 in London) or more than £100,000, but in all likelihood, if you’re a private landlord then your tenants will be renting under an AST.
Tenancies that began between 15 January 1989 and 27 February 1997 can either be ASTs or Assured Tenancies. Any tenancy which started before 15 January 1989 cannot be an AST.

What should an Assured Shorthold Tenancy Agreement include?
An Assured Shorthold Tenancy Agreement should give details of the following:
The names of all parties involved, and the address of the property to be tenanted;
The amount of the deposit, how the deposit will be protected and under what circumstances the deposit can be partly or fully withheld (usually in the instance of repairs needed due to damage by the tenant);
The rental price, how and when it is to be paid and, if applicable, how and when the rent can be reviewed;
The start and end date of the tenancy, and, if applicable, how the tenancy can be ended early;
Any tenant or landlord obligations, including who is responsible for minor repairs where the landlord is not legally responsible, and
Which bills tenants are responsible for.

What do I need for Assured Shorthold Tenancies (ASTs) starting on or after 1st October 2015?

Importantly, remember that for Assured Shorthold Tenancy that begin on or after 1st October 2015, you must provide the following documents to tenants at the start of each fixed term tenancy:

i) Gas safety certificate / report

ii) Energy performance certificate (EPC)

iii) The government’s document called ‘How to rent: The checklist for renting in England’ – you can download a copy from the link below.

https://www.gov.uk/government/publications

Read our articles In relation to serving section 21 notices and carbon monoxide and smoke alarm regulations.

Can I change a Tenancy Agreement?
If you wish to make changes to your agreement before the tenancy expires, you must gain the agreement of the tenants. You must also ensure that your agreement does not discriminate against tenants on the basis of age, gender (including if the tenant is transgender), sexual orientation, disability, religion, race, or if your tenant becomes pregnant or has a baby.
If you wish to end the tenancy before the agreed end date then you must have a valid reason under the Housing Act 1988, for instance if the tenants are in arrears or you wish to move back into the property.

How can I get an Assured Shorthold Tenancy Agreement written up?
You can create the agreement yourself, and there are several templates available online to do so. The government has provided a model Tenancy Agreement on the Gov.uk website, or you can find alternative templates on a number of legal and landlord associations’ websites.
For more information on Assured Shorthold Tenancy Agreements, you can visit this useful guide for landlords on the Gov.uk website.