It has been a couple of years since the ‘How to Rent’ guide was last updated, the previous update being the addition of an easy read guide in July 2021. Today’s edition has a bright new pink look (distict from the previous green), and it can be accessed here. This new edition was expected on 17 March 2023, but after a slight delay it has now been rolled out.

As a reminder, the importance of using the correct version of the ‘How to Rent’ guide ties in with the serving of a valid Section 21 Notice to seek possession of premises let under an Assured Shorthold Tenancy on or after 01 October 2015. The ‘How to Rent’ guide (current at the time) must be served on a tenant (amongst other statutory requirements) before a Section 21 Notice can be served. If a landlord (or agent) fails to do so, the Section 21 Notice will not be valid and the ‘How to Rent’ guide will need to be provided to the tenant before a new Section 21 Notice is served, causing a delay before possession proceedings can begin.

The version of the ‘How to Rent’ guide to be served is that which has effect for the time being, e.g. the one in force at the time it is served.

The guide may be provided to the tenant -

• In hard copy; or

• Where the tenant has notified the landlord, or agent, of an e-mail address at which the tenant is content to accept service of notices and other documents given under or in connection with the tenancy, by e-mail.

If the ‘How to Rent’ guide is amended during the tenancy there is no requirement to serve the new version immediately on the existing tenant but note the following comments in relation to any renewal of the tenancy.

Where a written renewal of the tenancy is made between the same landlord and the same tenant for substantially the same property, another copy of the ‘How to Rent’ guide only needs to be provided if the guide has changed since the previous tenancy and previous version supplied to the tenant.

The advice here is that if you are in any doubt whether you have the most recent version and whether it has been updated since anything that you may have served before, then simply download it from the Gov.uk website and serve the latest version whenever the tenancy is renewed. This same cautionary advice applies if the tenancy ends and becomes a statutory periodic tenancy.

If you have any queries whatsoever, do get in touch with a member of the team on 01435 897297 or info@kdllaw.com.

Disclaimer

This Legal Update describes the position in law as at the date of this article and care should be taken to note any subsequent amendments to the position as set out above.  The 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.

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