The Ministry of Housing, Communities and Local Government (formerly the Department for Communities and Local Government) has published a new ‘How to Rent’ Guide with effect from 26 June 2018.

The new Guide can be accessed via the following link -

https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/718937/How_to_Rent_Jun18.pdf

As many landlords and agents will know all too well, a Section 21 Notice to seek possession of premises let under an Assured Shorthold Tenancy (‘AST’) cannot be served unless and until a copy of the ‘How to Rent’ Guide has been provided to the tenant(s). This restriction currently only applies to ASTs granted on or after 01 October 2015, however it will apply to all ASTs from 01 October 2018.

The requirement to provide the ‘How to Rent’ Guide does not apply where :-

• The landlord is a registered provider of social housing; or

• The landlord provided the tenant with the ‘How to Rent’ Guide under an earlier AST and that version is still the latest version.

The landlord is not required to supply a further copy of the Guide each time a different version is published during the tenancy.

It is always best for the landlord to supply the ‘How to Rent’ Guide at the commencement of the tenancy and to document that this has been done. Where the Guide is provided late (e.g. immediately before a Section 21 Notice is to be served), there is some uncertainty as to whether the landlord should serve the current version or the version that applied at the time the AST commenced. In that event, in order to avoid any dispute, the landlord may wish to serve both versions.

A list of the previous updates of the Guide can be found on the MHCLG’s website -

https://www.gov.uk/government/publications/how-to-rent.

Should you have any questions in relation to the above, then please do not hesitate to contact Kevin Lever on Kevin.Lever@kdllaw.com or 01435 897 297. 

Disclaimer

This legal update is provided free of charge for information purposes only; it does not constitute legal advice and should not be relied on as such. No responsibility for the accuracy and/or correctness of the information and commentary set out in the article, or for any consequences of relying on it, is assumed or accepted by any member of KDL Law or by KDL Law as a whole. 

If you have received this update in error or wish to unsubscribe from future updates then please email us at info@kdllaw.com.