Hidden How to Rent update – “MHCLG, do not do this again”
Lawyer Giles Peaker, in an article for Nearly Legal, ‘How to rent guides – sneak updates‘ uncovered that the official How to Rent guide has recently been updated twice since the 31st of May without reference to the date of the most recent changes.
Giles said: “This really should not happen. While the changes are relatively minor tweaks, they are changes nonetheless.
“And as the statutory requirement is for the tenant to be provided with the version of the guide current at the time, silent changes obviously present problems. How many landlords and agents will be using the original 31 May version without knowing it has since been changed?
“While I would imagine a court would give a certain leeway in the circumstances, should it be raised, this is not an issue that should have arisen in the first place. Please MHCLG, do not do this again.”
The changes include:
- 03/06/19 Change of reference and link page 5 from “NALS” to “Safeagent” .
- 29/07/19, Change on page 4 from “If you don’t have a guarantor, you can ask Shelter for help.” to “ask Shelter for advice.”
Click here to download the most recent How to Rent Guide.
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Member Since July 2013 - Comments: 20
9:27 AM, 7th August 2019, About 7 years ago
Re the How To Rent booklet.
If you download the booklet from the HM Government website and put it in your favourites it will update every time there is a change automatically. I have just checked mine.
Member Since February 2016 - Comments: 1056
10:28 AM, 10th August 2019, About 7 years ago
Thanks Mark, that’s a useful tip. However, it would not be any help with the latest update to Form 6(A) the Section 21 eviction notice according to Giles Peaker’s Nearly Legal email just received. MCHLG have apparently updated it failing to realise the implications of its being a statutory instrument which means it has ramifications elsewhere in the system, so his advice is to continue to use the old form. That’s right – they have done it again, though not with How to Rent this time. The incompetency of this government department is staggering. Do not rely on my brief summary above, read about it on the Nearly Legal site under “Deja vu all over again” if you don’t receive Giles Peaker’s emails.
Member Since July 2013 - Comments: 754
1:34 PM, 10th August 2019, About 7 years ago
Astonishing – you couldn’t make it up – yet the Govt demonise and seek to punish and fine Landlords for the slightest error or omission in their paperwork…
Member Since December 2016 - Comments: 50
1:48 PM, 10th August 2019, About 7 years ago
Just followed the link and got one dated May 2019!!!
Member Since March 2015 - Comments: 1969 - Articles: 1
1:57 PM, 10th August 2019, About 7 years ago
Reply to the comment left by bob the builder at 10/08/2019 – 13:48
That’s sort of the point…it’s still showing as May 2019, but depending on when you downloaded it, the content is slightly different. Not that you have any way of telling.
Member Since December 2016 - Comments: 50
2:01 PM, 10th August 2019, About 7 years ago
Reply to the comment left by Luke P at 10/08/2019 – 13:57
Yes and the article is from 4 days ago – this is a document required for court proceedings and it’s still not fixed on their site; can we sue them for this ?
Member Since April 2014 - Comments: 38
2:42 PM, 10th August 2019, About 7 years ago
Should I re-issue the How to Rent guide?
I downloaded the guide on 7th June and sent it to a tenant who signed on August 1st.
Member Since March 2015 - Comments: 1969 - Articles: 1
3:36 PM, 10th August 2019, About 7 years ago
Reply to the comment left by Chris at 10/08/2019 – 14:42
To be on the safe-side, I’d suggest yes (though you should really be downloading on the day of signing anyway) as the content has changed since June…not that any Judge would likely know/notice.
Member Since February 2016 - Comments: 1056
3:42 PM, 10th August 2019, About 7 years ago
Reply to the comment left by Luke P at 10/08/2019 – 15:36
No, the judge might not but you can bet any legal aid lawyer from Shelter or Citizens Advice acting for the tenant would!
Member Since March 2015 - Comments: 1969 - Articles: 1
4:03 PM, 10th August 2019, About 7 years ago
Reply to the comment left by Old Mrs Landlord at 10/08/2019 – 15:42
It would be interesting, because you have to issue the correct *version*. Whilst there may be three different contents to the guide labelled ‘May 2019’, I would argue that as long as the tenant was served any one of the three documents labelled May 2019, you’ve complied…because you’ve issued the (titled) version that is the latest (and there’s no way of telling from the info provided by the MHCLG on their website).
If a manufacturer sells you a car for which the receipt says Ford Fiesta, the badge on the vehicle says Ford Fiesta and so too does the log book (despite it quite obviously being a Mondeo), do you own a Ford Fiesta or not?