How to Rent Guides Get an Update

The last How to Rent Guide was updated in 21 July 2021, it has now been refreshed again to reflect some legal changes. These have been around for a while but the guide has somewhat lagged behind. The latest version of the How to Rent Guide was originally meant to be released on 17 March 2023, however, its official release was on 24 March 2023 and it is available on the government website.

The updated How to Rent Guide includes information on seven new requirements/responsibilities:

1. Landlords must ensure that the property is suitable for tenants with a disability;
2. An electrical installation condition report (EICR) must be provided to tenants;
3. Information must be provided to tenants to guide them regarding the fitting of smart meters;
4. Landlords must fit smoke alarms on ever floor and carbon monoxide alarms in every room with combustible gas appliances (except kitchen with gas hobs). I wrote about this obligation at the time it was changed here.
5. Landlords must ensure that smoke and carbon monoxide alarms are working at the start of the tenancy;
6. The potential use of Identity Service Providers for UK/Irish citizens to satisfy obligations to check the Right to Rent. I wrote more about this at the time it was introduced.
7. Changes to the Code of Practice on Right to Rent to Rent Civil Penalty Scheme for agents and their landlords.

The Deregulation Act 2015 requires landlords in England to issue the latest version of the guide to tenants when their new assured shorthold tenancy starts or at the renewal (whether as a new fixed term or as a statutory periodic) of the current tenancy. If a landlord fails to serve a tenant with the most recent version of the Guide at the start or upon renewal of the tenancy, they will not be able to repossesses their property using the mechanism provided by Section 21 of the Housing Act 1998. However, failure to serve the right version of the guide can be corrected by serving the proper one at any time.

Landlords are able to provide Tenants with the new Guide in 2 different ways :

• In hard copy form; or
• Where the tenant has given permission, it can be sent via email but that must be as a pdf attached to the email and not as a link to the government (or any other) webpage.

Ultimately, it is important for landlords and agents to keep up to date with the latest versions of the How to Rent Guide so that they can comply with their obligations to tenants and so that they can also avoid any risk of being unable to gain possession when they expect to. Undoubtedly some landlords and agents will be caught out by this and will now incur costs in sending out updated guides to correct their errors.