How to Rent guide updated by MHCLG

How to Rent guide updated by MHCLG

12:04 PM, 10th December 2020, About 10 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 Chris @ Possession Friend

19:02 PM, 12th December 2020, About 10 months ago

Reply to the comment left by Seething Landlord at 12/12/2020 - 15:07
Biggest cause of electrical fire is appliances and overloading Sockets.
- No 5 year inspection is going to solve that, and, its funny how only PRS properties need Electricity checks,
Isn't there electricity in Social Housing and Council properties !
( and the NRLA were supporters of this ! )

by Seething Landlord

19:26 PM, 12th December 2020, About 10 months ago

Reply to the comment left by Chris @ Possession Friend at 12/12/2020 - 19:02
So are you advocating compulsory inspection of electrical appliances as well as fixed wiring?
The earth fault described by landlord Phil could have caused severe injury or death by electrocution so why all the emphasis on fire?

by Chris @ Possession Friend

21:08 PM, 12th December 2020, About 10 months ago

Reply to the comment left by Seething Landlord at 12/12/2020 - 19:26I'm advocating - whatever Regulation is good enough for the Private rented Sector, - is good enough for Social Housing and Council provided accommodation also.
As for emphasis on fire, it was the Govt who tried all ways to justify singling out the PRS for the EICR's and Govt who produced fire stats.

by Seething Landlord

21:52 PM, 12th December 2020, About 10 months ago

Reply to the comment left by Chris @ Possession Friend at 12/12/2020 - 21:08
if you want to be treated in the same way as social housing and council providers perhaps you could start by becoming a not for profit business.
You are totally ignoring the very valid points made by landlord Phil explaining why electrical inspections are necessary.

by Chris @ Possession Friend

22:00 PM, 12th December 2020, About 10 months ago

Reply to the comment left by Seething Landlord at 12/12/2020 - 21:52
And you are ignoring my argument that if they're necessary for PRS, why not for other Tenants.
Electrical safety isn't determined by how much profit is made !
And let nobody be kidding themselves that Social Housing doesn't make a profit.

by Chris @ Possession Friend

22:03 PM, 12th December 2020, About 10 months ago

Reply to the comment left by Seething Landlord at 12/12/2020 - 09:16
Richard and Seething Landlord,
Its right ( in part ) that H2R should be given for all tenancies commenced after 2015 but the De-regulation Act ( which included the requirement to issue the H2R ) applied to ALL tenancies from 1/10/2018.
A literal reading of that would mean - All tenancies issued ( or renewed ! ) after 1/10/18
The status of a periodic tenancy, certainly one that is a Statutory rather than Contractual Periodic tenancy is viewed as renewing by each rental period ( usually month by month )
Safe, sage opinion on protecting a landlords position ( so as not to have an argument about the matter in court ) is to serve a H2R before serving a Section 21

by Seething Landlord

22:24 PM, 12th December 2020, About 10 months ago

Reply to the comment left by Chris @ Possession Friend at 12/12/2020 - 22:00
I am not ignoring your argument but I fail to see how it would benefit the PRS if the other providers were made subject to the same regulations. In any case, you are flogging a dead horse.

by Seething Landlord

22:59 PM, 12th December 2020, About 10 months ago

Reply to the comment left by Chris @ Possession Friend at 12/12/2020 - 22:03
I believe that you are wrong on both counts. As I understand it, a statutory periodic tenancy is created by operation of law if the tenant remains in occupation at the end of the fixed term and this happens only once. Prior to the Deregulation Act, case law had established that fact after it had been assumed by most that the statutory periodic tenancy was a continuation of the existing tenancy rather than a new one and this gave rise to all sorts of problems in relation to deposit protection and service of prescribed information.

by Seething Landlord

0:20 AM, 13th December 2020, About 10 months ago

Reply to the comment left by Chris @ Possession Friend at 12/12/2020 - 22:03To amplify my previous comment, the following are extracts from the Court of Appeal judgment in Superstrike v Rodrigues "Under the Housing Act 1988 an assured tenancy which is for a fixed term may come to an end by an order of the court or by surrender by the tenant, or it may be replaced by a fresh contractual term. Otherwise, when it expires, the tenant “shall be entitled to remain in possession of the dwelling-house let under that tenancy and … his right to possession shall depend upon a periodic tenancy arising by virtue of this section”: section 5(2)" and "It is clear from the 1988 Act that what happens at the end of the fixed period tenancy is the creation of a new and distinct statutory tenancy, rather than, for example, the continuation of the tenant’s previous status. I do not see that there can be any doubt as to that. "
Regarding the How to Rent booklet, I maintain that there is no obligation to provide a copy where the tenancy was in existence prior to 1st October 2015 but agree that there might be benefit in providing a copy to avoid arguments in Court. The advice from MyDeposits wef 1/10/18 includes: "Note that the requirement to provide the ‘How to rent’ checklist is not obligatory for tenancies before 1 October 2015 unless they have been renewed after that date, but landlords may wish to consider providing a copy of the guide as good practice regardless, so that this can be noted on the claim form if possession proceedings are required at a later date."
I emphatically do not agree that a periodic tenancy is renewed on each rent day - it remains the same tenancy until terminated by agreement or by Court Order.

by Landlord Phil

12:15 PM, 13th December 2020, About 10 months ago

Ok so I've started an argument. That's a good thing as its discussion that breeds change. I can kill the argument now though. I think all properties need to have an eicr. It doesn't matter who owns or manages them. So let's think about this. Im a half qualified spark. I know a bit, but most landlords and property owners don't. I told you about the earthing issue that could have caused a problem but what I haven't told you is about my house. I bought the place i live in 2 and a half years ago. All was fine and dandy. My electric shower gave up, I replaced it. A year later it gave up again. I replaced it. New one didn't work, so I assumed it was a switch problem & replaced it. Still didn't work. So I followed the natural path of resolution & ripped up the floorboards. I found a 30 amp junction box, carrying a load that had the potential to carry 36 amps to the shower. It had burnt out because the fool that fitted it hadn't tightened the connections properly. This was at the top of the staircase. Yes, it was in my primary fire escape route from upstairs. I have pics if anyone wants them. Seriously, electricity is dangerous stuff in the wrong hands. Guys, get real, all properties need to be certified as we've had years of allowing Billy b&q to fix his own electrics. For some bizarre reason it's been deemed ok for amateurs to mess with wiring. The things I've seen and repaired amaze me. We truly need to protect society from the have a go heroes. Just because it works doesn't mean it's safe. Leccy is dangerous stuff people. It kills in the wrong hands. You wouldn't tinker with the gas supply, so what makes you think that electricity is any less dangerous? You can smell gas, but you can't smell electricity. Really, 240 volts ain't safe unless its installed and repaired correctly. I will be having an eicr done on my house when I've finished the renovations. I urge you to do the same. £150 to give me peace of mind that my family is somewhat safe seems like a good deal to me. Tip of the day. Don't mess with what you don't know much about when safety is a concern.


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