24th March 2023 sees the slightly delayed update to the governments how to rent guide published.
The guide has been published by the Department for Levelling Up, Housing and Communities (DLUHC) at 10am and must now be issued by letting agents and landlords to new tenants and those renewing their tenancies.
Make Ur Move cover the most commonly asked questions in our latest blog to help landlords meet their obligations and remain compliant.
What is the how to rent guide?
The how to rent guide is a prescribed document providing advice and guidance to current and prospective tenants on the process of renting property in England and Wales.
It details tenants rights and responsibilities and outlines the legal obligations of the landlord.
Copies of the current guide must be provided to tenants at the beginning of their tenancy and then again on a renewal.
What has been updated?
The latest version includes revisions and updates on the following areas:
The guide has also had a redesign and colour update.
How should I serve the how to rent guide on your tenants?
You are required to provide a printed version of the guide to tenants. An email copy can be used where the tenant has agreed to receive the document in this way.
You may also share a link to the document by email but we recommend also including an attached version.
It is important that you keep a record of the date of service and method of delivery.
If you use an agent, make sure you check whether they have issued this document and in what format.
Do I need to share the how to rent guide with my existing tenants?
The guide must be provided to tenants at the start of their tenancy and then on renewal.
Make Ur Move recommends serving this updated version to your existing tenants also as failure to do so could invalidate a Section 21 notice to regain possession. Completing this now may also present an opportunity for you to check your current admin and make sure all of your documents are up to date and have been correctly served.
Remember - you should keep a record of service including the date and method used.
Where can I get a copy of the How to Rent guide March 2023?
You can access the document on the government
website or use our download link below.
What happens if I have not served the How to Rent guide on my tenants?
If you do not or have not served the How to Rent Guide when you are legally required to do so then you will not be able to serve a valid Section 21 notice in order to regain possession of your property.
In the event that you have forgotten to serve this and you need to serve a Section 21 then you should provide a copy of the current How o Rent Guide before serving the Section 21. If completing this by email make sure that you do not serve this on the same email and ensure that it is served before the email issuing the Section 21.
If the guide has been updated during the tenancy then you should serve the version of the guide which was in force at the start of the tenancy plus the updated version.
Access an archive of the historic versions Nearly Legal How to Rent Archive. This useful list goes back to the first version in October 2015.
How can Make Ur Move help?
Make Ur Move include a tenancy creation service free with all services to landlords. This will include the service of documents that you have uploaded to your property portal by email and within an online shared tenancy folder. The How to Rent Guide is updated within the portal as standard and will be emailed to tenants at the beginning of their tenancy on the same date that the tenancy is set up.
Standard Users that have opted to use the free tenancy document only are advised to serve this document separately and keep a record of the date and method of service.
Good Landlord new tenancies will include the updated guide within the tenancy pack. Where you have opted to use your own tenancy then you should update the guide version you use and serve this on your tenants. Renewals issued within your landlord hub will also include the new version.
Full Property Management your property manager will issue the updated version to all tenancies on this service straight away. The standard managed tenancy pack will include this alongside all other digital documents including gas safety and electrical (EICR) records, deposit certificate and prescribed information, appliance manuals and property care guides (where provided), insurance and warranty details. Contact your property manager if you have any questions.
For more information on Make Ur Move services call 03338000210 or contact us here.