Right to rent guide update
2 years ago | 11 comments
Do I need to hand out the How to Rent leaflet?
9:53 AM, 5th December 2023, 2 years ago
22
Hello, I have provided the How to Rent literature to my tenants when they moved in (and used a great deal of my printer ink!).
I have since heard that I need to serve all my existing tenants with the Government’s latest version of this leaflet?
If this is correct, am I alone in thinking that the Government should provide these leaflets free of charge?
Thank you,
Laurence
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Member Since September 2023 - Comments: 173
10:31 AM, 5th December 2023, About 2 years ago
I send my tenants the new guide by email but this not a legal requirement. You only need to serve the latest version ant the start of a tenancy. My ASTs have a checklist for tenants to sign (confirming receipt at the start of the tenancy).
Member Since November 2021 - Comments: 16
10:43 AM, 5th December 2023, About 2 years ago
Yes you 100% do need to serve this, the onus is on you to do this not the government.
If you can not prove that you served this ‘how to rent guide’ (which I might as has just been updated) you will not be able to legally evict your tenant.
The law requires these documents to have been served when issuing court proceedings for possession.
This may not seem like an issue now but it will delay things if you end up in a position where you want or need the property back.
It’s not a massive issue as you can serve it later down the line but it’s good practice to do it straight off the bat so it doesn’t cause additional delays.
I serve hard copies and electronic copies via email so there is no disputes or questions over what was served.
You should also be issuing all the certificates too EICR, Gas Certs and EPC.
You can download the most recent copy from the government websites (link below to most current version).
https://www.gov.uk/government/publications/how-to-rent
Member Since October 2013 - Comments: 1630 - Articles: 3
10:59 AM, 5th December 2023, About 2 years ago
Can’t use S21 without it. If you use an agent, make sure they have sent it.
Member Since January 2015 - Comments: 1435 - Articles: 1
11:01 AM, 5th December 2023, About 2 years ago
I send by email.
At checkin tenant signs and dates a document (2 copies) listing all tenancy documents given in hard copy AND those sent by email.
Member Since September 2015 - Comments: 222
11:30 AM, 5th December 2023, About 2 years ago
OP states they have already served the HtR at start of tenancy.
There is no requirement to send the updates every time gov’t issues one, only the one current at start.
Member Since October 2020 - Comments: 1137
11:55 AM, 5th December 2023, About 2 years ago
Firstly, you don’t “hand it out”, you serve it. There is a big difference and you need to retain evidence of service.
You only serve the document once at the start of the tenancy and if the tenancy is renewed or becomes periodic, serve it again if its changed. You can serve by email if you have prior written authority from the tenant to do so. If you do, then don’t assume the email in your sent items is sufficient evidence.
Member Since September 2015 - Comments: 222
12:11 PM, 5th December 2023, About 2 years ago
Does one have to serve an update HtR if it goes periodic AND it’s a contractural periodic?
Member Since October 2020 - Comments: 1137
12:27 PM, 5th December 2023, About 2 years ago
Reply to the comment left by Gunga Din at 05/12/2023 – 12:11
No you don’t need to re-serve it for a CPT as its one continuous tenancy from the beginning.
Member Since September 2015 - Comments: 222
12:42 PM, 5th December 2023, About 2 years ago
Roger that. Thanks for confirmation.
Member Since October 2013 - Comments: 1630 - Articles: 3
2:11 PM, 5th December 2023, About 2 years ago
Reply to the comment left by Gunga Din at 05/12/2023 – 11:30
Need to serve again if the tenancy becomes periodic.