Do I have to issue the new How to rent booklet?

by Christine Fletcher

3 weeks ago

Do I have to issue the new How to rent booklet?

Make Text Bigger
Do I have to issue the new How to rent booklet?

My tenant has not signed a new tenancy agreement since December 2015.

She is on a periodic.

Do I have to give my tenant a copy of the new How To Rent Booklet.

Thank you for any information.

Christine

Editors Note:

For reference the new .Gov how to rent guide Jan 2018 can be downloaded if you Click Here

Comments

Neil Patterson

3 weeks ago

Hi Christine,

The How to Rent Guide has to be issued for every new tenancy, but not an existing periodic.

The guide issued at the time the tenancy was taken out has to be the corresponding correct guide at that time before a section 21 notice can be issued.

Hi Christine,
From what you have said: I think you will have to provide the Feb 2016 how to rent guide. Because the legislation states if the book has changed since issued but not otherwise. This is if it went periodic before jan of this year (18) . Because the goverment does not keep an archive you will ask, how can I get it? Answer go to the nearly legal blog/website and search 'how to rent' archive and you will find it there.

Michael Barnes

3 weeks ago

Reply to the comment left by Neil Patterson at 03/04/2018 - 08:51Whilst it is the common view that the version issued has to be the one that was current at the start of the tenancy, the regulations do not explicitly state that.
The regulation states
"3.—(1) A landlord under an assured shorthold tenancy of a dwelling-house in England, or a
person acting on behalf of such a landlord, must give the tenant under that tenancy the information
mentioned in paragraph (2).
(2) The information is the version of the document entitled “How to rent: the checklist for
renting in England”, as published by the Department for Communities and Local Government, that
has effect for the time being.
"
"has effect for the time being" could (it appears to me) be interpreted as "has effect when given to the tenant", i.e. "whenever it is served, the latest must be served"; indeed that would make more sense as it would mean the tenant is always getting the latest information.
What is the argument against this, other than ambiguity in the regulations?

Rob Crawford

3 weeks ago

Hi Christine, is your periodic "contractual" or "statutory". If it is statutory you will also need to issue the latest version at the end of the fixed term (commencement of the statutory periodic). If it is contractual there is no need to reissue it.

Mandy Thomson

3 weeks ago

Legal opinion is divided on this, but should you need to issue a section 21 notice, I would follow Rob's advice and first issue the most recent version if your tenancy is statutory periodic as, strictly speaking, the law regards SPT as a new tenancy (as opposed to a contractual periodic tenancy which is a continuation of the original tenancy).

Many thanks for all your help. Christine.


Leave Comments

Please Log-In OR Become a member to reply to comments or subscribe to new comment notifications.

Forgotten your password?

OR

BECOME A MEMBER

My petition to change the rules for Housing element part of UC