The How to Rent Guide: updates

It’s that time of year again. Spring is upon us and landlords were awakened by the ‘How to Rent guide’ updates. It was published by the Ministry of Housing, Communities and Local Government, in late March.

This guide is for tenants and landlords in the private rented sector to help them understand their rights and responsibilities. (The guide does not cover lodgers or people with licenses.)

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

Main updates – issuing the new Guide critically important

The main updates are that letting agents and private landlords were reminded that they must serve the new Guide at the start of any new tenancy or renewal. Regulation 3 of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015, in fact stated that agents and landlords in England must provide the latest version of ‘How to rent: a checklist for renting in England’. Failure to issue this means they could lose the right to repossess using Section 21. It must be given either as a hard copy or, where the tenant has requested, via email as a PDF attachment. There is no requirement for landlords to provide the document again if the assured shorthold tenancy is renewed unless the document has been updated.

Legal updates

Recent legislation has been incorporated into the Guide, including the requirement for carbon monoxide alarms to be fitted in every room with a fixed fuel-burning appliance and the requirement for EICRs to be provided to tenants. Since 1st April 2021 all tenancies in England have required a valid EICR. Landlords must supply a copy of a valid EICR (the Electrical Safety Inspection, issued every five years) to all tenants at the beginning of the tenancy, when issuing a new contract (including renewals), and also to any prospective tenant, if asked, within 28 days of receiving a written request. In addition there must be at least one smoke alarm on every floor used as living accommodation

Disability rights

There is a section on ensuring the property is suitable for people with a disability. It states that people with a disability or a long-term condition, can request reasonable adjustments from their landlord or agent. This could include changes to the terms of the agreement, or home adaptations and adjustments to common parts of a building to make their home accessible. The Guide states: “Your landlord or agent should respond in a reasonable timeframe and if they refuse a request, they should explain why they do not consider it reasonable. Your landlord can ask you to pay for the changes you asked for.”

Check-list for when a tenant moves in

The Guide underlined expected documentation to be issued to tenants, including:

A gas safety certificate after each annual check if there is a gas installation or appliance.

Deposit paperwork: if a tenant has provided a deposit, the landlord must protect it in a government-approved scheme within 30 days. Tenants have the right to receive official information about where the money is being held – and how they will get their money back at the end of the tenancy.

As of April 2020 all privately rented properties must have an energy certificate of E or higher- this should be provided to the tenant free of charge at the start of their tenancy.

Letting agents requirements

Specific to Letting agents is they must be members of a redress scheme. Tenants are advised to check which independent redress scheme the agent is a member of in case of an unresolved dispute.

They are also advised to check if agents are a member of a client money protection scheme, from  a list of approved schemes. By law, this information should also be clearly visible to tenants at the agent’s premises and on their website.

There are over 170 acts and regulations to consider. So if you are looking  to rent out a property check our Landlord Checklist