Periodic Tenancies and what if How to Rent guide changes?

by Readers Question

8:50 AM, 29th May 2019
About A year ago

Periodic Tenancies and what if How to Rent guide changes?

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Periodic Tenancies and what if How to Rent guide changes?

Am I correct in assuming that if my 6 month AST’s then revert to Periodic Tenancies after the 6th month, I don’t need to issue another How to Rent guide, even if a new version has been introduced by the Government, since my AST was issued?

I realise that if I issue a new Tenancy at the end of the initial 6 month period, then I would need to issue the latest How to Rent Guide, but I don’t regard the rollover onto a monthly Periodic Tenancy as being a ‘new tenancy’.

Many thanks

Jim

Editors Note:

LANDLORD AND TENANT, ENGLAND The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 click here

Requirement for landlord to provide prescribed information

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.

(3)The information may be provided to the tenant—
(a)in hard copy; or
(b)where the tenant has notified the landlord, or a person acting on behalf of the landlord, of an e-mail address at which the tenant is content to accept service of notices and other documents given under or in connection with the tenancy, by e-mail.

(4)Paragraph (1) does not require a landlord, or person acting on behalf of the landlord, who has provided the tenant with the document mentioned in paragraph (2) to supply a further copy of the document each time a different version of that document is published during the tenancy.

(5)This regulation does not apply—
(a)where the landlord is a private registered provider of social housing; or
(b)where—
(i)the tenancy (“the new tenancy”) is a replacement tenancy;
(ii)the landlord, or a person acting on behalf of the landlord, provided the tenant with the document mentioned in paragraph (2) under an earlier tenancy; and
(iii)the version of the document provided to the tenant under the earlier tenancy is the same version as the version which is in effect on the first day of the new tenancy.

(6)In this regulation “replacement tenancy” has the same meaning as in section 21(7) of the Act.

Latest How to Rent guides can be found here >> https://www.gov.uk/government/publications/how-to-rent



Comments

Neil Patterson

8:53 AM, 29th May 2019
About A year ago

Hi Jim,

Please see my Editors notes above for the relevant section in the Statutory Instrument document.

Julie Ford

9:50 AM, 29th May 2019
About A year ago

I understand the new regulations for correct service of a S21 (form6a) does require the most up to date version of the How to rent guide to have been issued.
Interestingly legislation supporting the new S21 service and validity contradicts existing legislation and this has made for many lost case at court

Ian Narbeth

11:51 AM, 29th May 2019
About A year ago

Jim
The paragraph: "Paragraph (1) does not require a landlord, or person acting on behalf of the landlord, who has provided the tenant with the document mentioned in paragraph (2) to supply a further copy of the document each time a different version of that document is published during the tenancy." is helpful to landlords.

However, rather than worry that you might have issued an out of date version and get ambushed at court, the easy solution is to re-send the latest version to the tenant just before serving your section 21 notice.

It is also vital that you give the tenant a hard copy unless the tenant has agreed to receive via email a pdf attachment of it.

Steve Masters

12:36 PM, 29th May 2019
About A year ago

According to the Superstrike Ltd v Marino. Rodrigues appeal a Statutory periodic tenancy is a new tenancy but a Contractual periodic tenancy is a continuation of the original tenancy. So if the original tenancy has a clause stating that at the end of the fixed term the tenancy will continue as periodic then new prescribed information need not be served. Am I right?

Dorian H

19:18 PM, 1st June 2019
About A year ago

This article is somewhat timely as a new version was issued on 31 May 2019

Ian Narbeth

9:49 AM, 3rd June 2019
About A year ago

Reply to the comment left by Steve Masters at 29/05/2019 - 12:36
Steve, you may be right but why should landlords take the risk. Just re-serve the Government's bumf and avoid a judge being seduced by a crafty argument.

Hamish McBloggs

16:17 PM, 3rd June 2019
About A year ago

Green ink is tax deductable


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