Do I need to hand out the How to Rent leaflet?

Reply to the comment left by NewYorkie at 05/12/2023 – 14:11
Only if it becomes Statutory Periodic

So many wrong answers, as always. There are a couple of right ones too.

You serve the HTR guide at the start of a tenancy. It must be the latest version at the time of serving.

Periodic tenancies can be contractual periodic or statutory periodic.

Contractual means that the AST states that the tenancy will move to periodic after the fixed term. If it isn’t mentioned, the tenancy becomes a Statutory Periodic tenancy and is, effectively, a new tenancy, and all of the documentation needs to be served again.

However, if you fail to serve the HTR guide, you CAN issue a Section 21 providing you serve the HTR guide before issuing the S21.

Reply to the comment left by NewYorkie at 05/12/2023 – 14:11Only if it;s a statutory periodic, whiich constitutes a new tenancy and requires reservice of all necessary imitial docs. plus reprotection of the deposit. None of that necessary for a contractual periodic tenancy as explained by David above. Check your tenancy contract if unsure which you have.

A HARD COPY of the HTR guide MUST be served on the tenant before the start of the tenancy AND you need proof of how it was served and that it was received. Other documents which must be served can be served by email, PROVIDED YOU HAD THE WRITTEN PERMISSIOON OF THE TENANTS TO SERVE NOTICES VIA EMAIL. So getting tenants to sign a receipt for documents which states how each document was served and the date each served should cover it.
The GSC should also be served BEFORE the start of the tenancy and each new certificate MUST be served on the tenant annually.
Apologies for the capitals, I just wanted to spell it out since courts have proved that when using S21 then it must be totally water tight.

Reply to the comment left by Easy rider at 05/12/2023 – 16:46
I think you’ve misunderstood Contractual Periodic Tenancies. The Leeds v Broadley case makes clear that CPTs are periodic from the start often with a permitted longer initial period, commonly 6 months. Being a single periodic tenancy for the whole duration, there is no need to re-serve the prescribed documents when the initial term ends.

Reply to the comment left by NewYorkie at 05/12/2023 – 14:11
Only if Statutory Periodic ie Tenancy Agreement silent as to what happens after the fixed tenancy ends.

But no harm to serve the latest edition if rolling on as a Contractual Periodic and a letter stating fixed term ended and as per Tenancy Agreement tenant is now on a Contractual Periodic tenancy

Hi All

Sorry can I just ask a question, so does this mean that every time I renew the AST with the same tenant, I have to serve them a current version.

Thanks

CP

I never renew (assuming you mean issue a new AST). I just let it roll over to periodic. Since I use CONTRACTUAL Periodic agreements it’s considered the same tenancy so no need for new HtR. If you use STATUTORY Periodic agreement, it’s considered a new tenancy anyway at the end of the initial fixed term, so new HtR is required.
I belive that even if the tenant/terms/rent/everything else is identical, renewing creates a new tenancy so there must be a new HtR plus of course all the other formalities at the start of the tenancy.

Thanks Gunga Din.
Yes, a new AST with the same tenant in the house. Interesting thou you say each time it is new AST, therefore I assume all the other documents will also have to be issued, EPC, Gas Test cert, etc each time an AST is renewed. As well as the current HtR book.

That’s my take. This from East Rider earlier:-

“You serve the HTR guide at the start of a tenancy. It must be the latest version at the time of serving.

Periodic tenancies can be contractual periodic or statutory periodic.

Contractual means that the AST states that the tenancy will move to periodic after the fixed term. If it isn’t mentioned, the tenancy becomes a Statutory Periodic tenancy and is, effectively, a new tenancy, and all of the documentation needs to be served again.”

So if your current AST is Contractual, you have the option to let it become a periodic, with no change in paperwork. If you have a Statutory, renew but this time with a Contractual.