How to Rent guide updated by MHCLG

How to Rent guide updated by MHCLG

12:04 PM, 10th December 2020, About 11 months ago 79

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The Ministry of Housing, Communities and Local Government has today (10/12/2020) updated the How to Rent guide: Click here to download.

The statutory requirement is for a tenant to be provided with the version of the guide current at the time of the new tenancy and failure to serve the most up to date guide invalidates any future Section 21 action. A statutory periodic tenancy is also considered a new tenancy so an updated copy must be served after the fixed term before you can issue a Section 21.

The previous update of the How to Rent guide was sneaked out on the 7th August 2019.

The guide can be served as a hard copy or with the consent of the tenant emailed as a PDF.

“This guide is for tenants and landlords in the private rented sector to help them understand their rights and responsibilities. It provides a checklist and more detailed information on each stage of the process, including:

  • what to look out for before renting
  • living in a rented home
  • what happens at the end of a tenancy
  • what to do if things go wrong”


Comments

by David Price

12:04 PM, 12th December 2020, About 11 months ago

Reply to the comment left by Gunga Din at 12/12/2020 - 10:57
Perhaps a deliberate trap caused by administrative competence?

by Landlord Phil

12:54 PM, 12th December 2020, About 11 months ago

Can anyone tell me why we need to give tenants this document? The point we need to provide it is after they've chosen a property, decided they can afford it, like it, viewed it, paid the deposit, and are ready to sign up for 6 months or more. How on earth does this document help the tenant at this point? Wouldn't it make more sense to have agents send it to them when arranging a viewing? I've asked all my tenants if they read it. None have said yes so far. In my mind, at the current point of delivery, it's an utterly pointless document. Is it just me that thinks like this? Can anyone reading this influence government to make the required point of delivery more sensible? Or is this really an exercise in trying to trip up landlords wanting to issue a S21? If it is, come on politicians, have the guts to just say you're trying to find ways to make life hard for the PRS. Or are you just chicken?

by Landlord Phil

13:08 PM, 12th December 2020, About 11 months ago

Reply to the comment left by Beaver at 11/12/2020 - 06:20
Beaver. Yes I do have evidence. I'm qualified as a "competent person" as far as electrical matters are concerned. Along with my fully qualified spark, we did some repair work to one of my properties just before the eicr requirement came around. To qualify our work had done the job we ran through a series of tests, which turned out to replicate much of what is needed for the eicr. All passed well within acceptable tolerances. Just a few months later, I sent my spark back to do the eicr. It failed on earthing. How could that happen in just a few short months? The earth provided at the point of entry to the house had fully corroded. The house had no definitive earth connection. It was finding its own earth through back boxes and similar items. It cost nothing to resolve, but without eicr testing, we would never have picked this up. Ok, so eicr is going to cost me thousands with the size of my portfolio, but without it, I could have ended up with an injured or dead tenant. I can't risk that thought & definitely can't afford the fines & compensation. I don't like having to pay for eicr, but I've ended up supporting the scheme. It's essential, deal with it or sell up.

by Darren Peters

13:10 PM, 12th December 2020, About 11 months ago

Reply to the comment left by Landlord Phil at 12/12/2020 - 12:54
We need to give tenants this document because the govt require us to and evictions will be problematic if you cannot prove this and other documents such as EPC were served before the AST begins.

As to 'merits', 'utility' or helping the tenant, BTL doesn't work like that any more. It's about ticking the right boxes. I liken BTL to Bruce Forsythe's generation game with the conveyor of useless tat going by. Except instead of a cuddly toy and a teasmade coming towards us it's buckets of manure and hidden rat traps. Over the last few years the conveyor has delivered, cancelation of 10% wear and tear relief, abolition of S24, defacto abolition of S21 and oh, oh what was that other one cancelation of SDLT.

Awful analogy aside I don't think the conveyor of misery is anywhere near finished. Mindless bureaucracy is the least of our worries.

by Landlord Phil

13:27 PM, 12th December 2020, About 11 months ago

Reply to the comment left by Darren Peters at 12/12/2020 - 13:10
So I'm right? It's a landlord trap disguised as something designed to help people. When will our politicians start being honest? If they don't want us around, just come out and say it. This underhanded way of trying to trip us up is really not in the spirit of fair play. I am truly sick to the back teeth of politicians delivering messages that are hidden in stupid policies. Isn't it time we had some honest people in politics? And before anyone gets going on party politics, they're all bad. I don't care what colour your political flag is, they all do it. If they agree but can't be seen to, they abstain from voting. None of them represent us. If I had a better educational background, I'd be up there for PM. But I'm a northerner that comes from a family that couldn't afford an Oxbridge education. Unfortunately sons of washing machine repair men don't get to have positions of power in the uk these days, no matter how well intentioned we are.

by Richard

13:47 PM, 12th December 2020, About 11 months ago

Reply to the comment left by Landlord Phil at 12/12/2020 - 13:27
one does not need Oxford education one needs integrity with the voters. The thing is to stay within the rules.

by Jim S

13:53 PM, 12th December 2020, About 11 months ago

Reply to the comment left by David Price at 12/12/2020 - 12:03
118 should put smiley icons on this forum to tick as you have just given me my Saturday morning laugh with your last sentence "All your tenants think they have paid more than their rental statement shows"

by Landlord Phil

14:30 PM, 12th December 2020, About 11 months ago

Reply to the comment left by Richard at 12/12/2020 - 13:47
Judging by the bunch of fools we have in politics just now, one clearly doesn't need integrity or honesty. One does however need a university education to become a respected politician these days. Let's look at the likes of the right honourable member for the 18th century, what value do we get from him? But then again, almost everyone now seems to have a degree in something, so one wonders if there's much validity in one having a degree now. And about the rules, I agree to an extent, but in a day that our PM can break the rules without redress (remember proregration? Yeah, he lied to the queen!!! ), we can't rely on even those we put on a pedestal to do the right thing. Government for the people by the people? Makes me laugh. Until the current resident of nr 10 arrived, I voted conservative! Now, I want a box on the ballot paper that says none of the above. I just want some honesty, is that too much to ask? I couldn't care less what colour the backdrop is at the party conference. Just say it. Do you want to kill the PRS, yes or no? If it's yes, I hope you've got a bloomin good plan b, and above all, come out and tell us what it is. Jeez, what has this country come to when we can't trust our politicians to even say what they are planning for the electorate? We are voting for public commentary, not the truth. Sound bites mean more than actions & intentions these days. Just some honesty is all I ask for. Is that too much to expect of politicians?

by Seething Landlord

15:07 PM, 12th December 2020, About 11 months ago

Reply to the comment left by Landlord Phil at 12/12/2020 - 13:08Thanks for illustrating the need for electrical inspections. What you have also illustrated is the fact that having an inspection every five years is no guarantee that faults will not develop and cause injury to tenants within that period. I do not think that people have yet taken on board the fact that the regulations impose a duty on the landlord to ensure that the installation is safe at all times throughout the tenancy and failure to do so will expose him to penalties. The regulations say nothing about taking reasonable steps to achieve this, they impose strict liability to which there is no defence. You were therefore in breach of the regulations from the time that the earth connection failed until it had been repaired. Nice one, eh?

by David Price

17:31 PM, 12th December 2020, About 11 months ago

Reply to the comment left by Landlord Phil at 12/12/2020 - 14:30
Well said


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