The “How to Rent” Guide: What Landlords Need to Know

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.