Landlords - are you up to date with the How to rent guide?
Are you a landlord? Are you sure you know all legislation and are up to date with your legal responsibilities? Would you stake your life on it?? Read this article to discover a small piece of legislation that could scupper your investment plans.
The private rented sector (known as the PRS) is under constant scrutiny by the Government in a bid to ensure that there is enough housing for tenants and that it is of an acceptable standard. You may have heard about the Levelling Up programme, spearheaded by Michael Gove, which intends to improve living conditions throughout the country. The regulations and legal responsibilities are ever-changing to improve these situations, but it can be challenging for landlords to keep up.
As a landlord, you might already be aware of your legal responsibilities, but there is an often overlooked element vital for all landlords to be mindful of: The How To Rent Guide. Often overlooked because a) it is free, so easy to miss, b) the document is frequently updated, and c) there are certain times that this document must be provided to the tenants, with significant repercussions if you don't.
So, what is the How To Rent Guide? It is an online government document providing advice to current and prospective tenants on the rental process in England and Wales. It details their rights and responsibilities as a tenant, as well as the legal obligations of landlords. It also gives landlords and tenants a summary of their rights and responsibilities. It is a good idea to read through the Guide yourself so that you know what the tenants are being told. For example, tenants are informed that they should look for accredited landlords, they are informed of the tenant fee ban and how landlords and letting agents are prohibited from charging any fees to a tenant. This can give you a good indication of what is expected of you as a landlord.
What should you do with it? As the landlord, you must issue a copy to new or renewing tenants at the point of issuing a new tenancy agreement so they enter into a contract to rent your property, fully aware of the legal responsibilities for both them and you.
Where can you find it? The updated document can be found here, or by visiting the gov.uk website There is very little air time given to the breaking news of a new version, so, to be safe, it makes sense to revisit this link every time you issue a new tenancy agreement so that you always know that you've issued the up-to-date version.
What happens if you don't? If you don't issue any How to Rent Guide to your tenants or indeed issue an outdated version, you will be unable to serve a valid Section 21 notice. If you have to go to court to gain possession of the property, the judge will determine the date the agreement was served against the valid version. Failure to do so will mean that your case is thrown out, and you will have to issue the How To Rent Guide and then wait for another court date, causing unnecessary delays, costs and stress. All because you served the wrong version of a free PDF document.
To ensure that you are always up-to-date and compliant, consider employing the services of a professional property management agent. They will inform you of all updates and ensure your paperwork is in order so you're not left high and dry if things go wrong.
To find out more about our property management options, get in touch with our friendly team today. There is no need to wait for your tenants to move out, as they can manage your tenancy at any time. We can't wait to hear from you!