Student landlords: New How to Rent guide is available
The latest edition of the government’s ‘How to Rent’ guide has been published, but what does it mean for student landlords in England?
This version is the one that landlords must give when a new tenancy begins and at renewal – but only when it is a statutory periodic tenancy.
The first guide was unveiled in 2014 and it is mandatory for landlords and letting agents to offer the latest version - not doing so means that the landlord will lose their right to repossess using section 21.
The new guide offers prescribed information with updated details on carbon monoxide alarms that must be fitted if there is a fixed fuel-burning appliance in a room and there’s also information on fitting smart meters.
How to Rent: a checklist for renting in England
The ‘How to Rent: a checklist for renting in England’ is aimed at tenants in the private rented sector so they can understand their rights and responsibilities clearly.
Essentially, the guide offers a checklist and information for each stage of the renting process, including:
· What to look out for before renting
· What to do if things go wrong.
· Living in a rented home
· What happens at the end of a tenancy
While the new publication does not have to be given out for a contractual periodic tenancy, it is important that the tenant was been given the most up to date version when their tenancy began.
For this reason, landlords need to be mindful of the latest publication – and it might be good practice to check the .Gov.uk website for the latest version to ensure they know their tenant have been given the correct version when the tenancy began.
Indeed, Propertymark has highlighted that the government should have a set date every year for an updated guide to be published so that landlords, agents and tenants will know which one is valid.
Penalty for failing to hand the guide to tenants
It’s important that landlords understand the penalty for failing to hand the guide to tenants when a tenancy begins because it affects the eviction process.
Failing to provide the latest How to Rent guide means a landlord will not be able to use the section 21 eviction process, usually referred to as the ‘no-fault’ eviction, when they need to take possession of their property.
Instead of this route, landlords will have to use a section 8 eviction process.
So, to avoid potential legal issues, and to meet legal obligations to tenants, both agents and landlords must keep up to date with the guide’s latest version.
How landlords can ensure that their property is suitable
The new guide also covers the provision of electrical installation condition reports (EICRs) and details how landlords can ensure that their property is suitable for a tenant with disabilities.
The guide is available online (see below) and the landlord can send a link to the new tenant for them to download and read.
You can also download the guide as a PDF document and email this to a tenant.
Or, they can opt for the traditional route of printing out it out and sending it to the property, or handing it to the tenant.
It’s worth noting that there are no hard copies being published by the Ministry of Housing, Communities and Local Government, so it’s up to the landlord to print one if a tenant asks for the guide in that format.
For many landlords, simply sending a link in an email to the relevant .Gov.uk website means that when the guide is updated the link will still take a tenant to the latest version.
Big change in the latest guide
Another big change in the latest guide is that there’s a list of approved identity providers for Irish and UK citizens.
Landlords and agents also need to appreciate that there are changes to the code of practice under the Right to Rent civil penalty scheme.
Simon Thompson, the managing director of Accommodation for Students, said: “There will be landlords who will not appreciate how important it is to give tenants the latest version of the guide, but they must keep up-to-date with the latest version.
“We all appreciate landlords already deal with lots of paperwork what with electrical condition reports, the tenancy agreement and energy performance certificates among them.
“But the ‘How to Rent’ guide is crucial and while it’s free to download does not mean that it’s not an important document to read as it details what their and their tenant’s rights and responsibilities are.”
Simon also says that the How to Rent guide also makes for a good landlord’s checklist before a tenancy begins by ensuring that their property has valid EPC, EICR and gas safety certificates.
The latest version of the UK government’s ‘How to Rent’ guide is available for download from their website. This is the PDF version for handing to tenants.
