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Updated ‘How to Rent’ Guide

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Max Williams, Trainee Solicitor | Alex Jeffery, Partner & Head of Litigation | 22nd March 2023

On Friday 24th March 2023 the Government is set to release a new version of the ‘How to Rent: the checklist for renting in England’ (the “Guide”). The Guide has brought in new requirements that Landlords must comply with, as well as important information for tenants.

Landlords are legally required to serve tenants with a copy of the most up-to-date version of the Guide at the start of a new tenancy or on the renewal of a tenancy where a new version of the guide has since become available.

What is the How to Rent Guide and what has changed?

It is described by the Government as a “guide for tenants and landlords in the private rented sector to help them understand their rights and responsibilities”.

The updated version is set to include new requirements and information such as: –

  • Landlords to fit smoke and carbon monoxide alarms in rooms with appliances using solid fuels, such as coal and wood, and to ensure they are working at the start of the tenancy.
  • Electrical Installation Condition Reports (EICRs) must be provided to tenants.
  • Information regarding the fitting of smart meters.

If an up-to-date How to Rent Guide is not served

The Deregulation Act 2015 was introduced in October 2015 as a way of protecting tenants from eviction. It sets out key obligations that landlords must comply with before they are able to serve a valid section 21 notice; the notice being the first step landlords must take when seeking to make an application with the Court for an order for possession.

Should the Landlord fail to serve a tenant with the most recent version of the Guide at the beginning of a tenancy or upon renewal where a new version has since become available, they will forfeit the right to repossess the property under Section 21(1) and (4) of the Housing Act 1998 and corrective action will need to be taken.

Landlords therefore must ensure they provide a copy of the updated Guide when: –

  • Beginning a new tenancy; or
  • Renewing a tenancy after 24th March 2023.

The updated Guide will be available on the Government website Here.

If you have any further questions related to the updated ‘How to Rent’ Guide please don’t hesitate to contact a member of our team.

Read our article on The 2022 Renters Reform Bill Here.