How to rent: the checklist for renting in England is the government’s comprehensive guide to renting property.
Aimed at tenants, it’s an overview of everything a renter needs to know, from launching their property search to moving on. Making sure your tenant receives their copy of the how to rent guide is one of your first duties as a landlord – but it also makes good sense.
Assuming your tenant reads it, the guide will help them understand their rights as a tenant but also their responsibilities to you, their landlord.
Its sections include advice on:
- Looking for a home
- Living in a rental home
- What happens at the end of a fixed period
- What to do if things go wrong.
The guide is issued by the ministry of communities, housing and local government and is revised frequently. The latest copy was updated in August 2019. Landlords have been required to issue the booklet since 2015, when the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations were introduced. The rule only applies in England – there is a guide for tenants in Wales, but landlords aren’t obliged to issue it.
You can easily download the how to rent guide as a PDF and find out more about it on the
gov.uk website. We’ve also pulled together some of our most frequently asked questions about the how to rent guide and why it is so important.
When should I serve the how to rent guide?
You must issue the how to rent guide to your tenant at the start of a new tenancy. While it would be useful for tenants to have read the guide before they begin their house search, and some will have, you must still make sure you give them a copy personally.
As we have mentioned, the how to rent guide is updated frequently, so you must also give your tenant a copy of the latest version if a fixed term tenancy rolls over into a periodic one.
What is the impact of the how to rent guide on Section 21?
Unlike with other requirements on landlords, such as the annual gas safety check, you won’t currently be prosecuted for failing to issue your tenant with a how to rent guide. However, if you subsequently want your tenant to vacate the property, and wish to use a
Section 21 Notice (no-fault eviction) to do so, you will need to be able to demonstrate that you fulfilled your duties as a landlord – including having issued a copy of the guide.
Please be aware that the government pledged to end Section 21 evictions during the course of this parliament, so check the
gov.uk website for the latest information on
ending a tenancy.
Which version of the how to rent guide do I need to give to my tenant?
You need to ensure you give your tenants the current version of the guide; so you are confident that it contains the latest legislation – a new guide was issued after the introduction of the Tenant Fees Act, for example. Other recent updates include clarification that tenants without a guarantor can get advice from the housing charity Shelter.
You can find the latest version on the gov.uk website. You aren’t required to issue a new version of the how to rent guide ever time it is updated. However, you do need to supply your tenant with an updated version if they sign a new shorthand tenancy agreement or if a fixed term tenancy becomes a periodic one.
Can I email a copy of the how to rent guide to my tenant?
You can download a copy of the how to rent guide and send it to your tenant by email or print off a hard copy for them. However you decide to issue the guide, it is a good idea to obtain proof that they have received it. If you email the guide, ask the tenant to respond confirming receipt and make sure you keep this record in a safe place. If issuing a hard copy, create a simple form which they can sign to confirm receipt.
What happens if I don’t issue the how to rent guide?
While Section 21 is still in place, this is likely to be the easiest route for you to use if you wish your tenant to vacate the property – and they are no longer in the initial fixed period of their tenancy. Otherwise you will need to rely on your tenant leaving the property when you ask them to or you will need to have grounds for eviction under Section 8 of the Housing Act – such as failure to pay rent or look after the property.
Issuing your tenant with a copy of the how to rent guide is a simple way of protecting your right to use Section 21.
If you are a new landlord – and are confused about your legal responsibilities, contact us today on 01761 412300
We can help you figure out everything you need to know.