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When you begin letting a property to tenants, they must be provided with the Government’s How to Rent guide. Along with a copy of the tenancy agreement and relevant safety certificates, the provision of the How to Rent guide is a legal requirement. In this blog, we will detail everything that new landlords need to know about the How to Rent guide, where it can be found, how often it is updated, what it includes, and more.
Table of Contents
ToggleThe How to Rent guide is a government document that informs tenants and landlords in the private rental sector of their rights and responsibilities. The guide should be provided to tenants at the start or renewal of a tenancy for assured shorthold tenancies, student accommodation tenancies and short-term lets. This has been a legal requirement since the Deregulation Act 2015. Along with the guide, landlords should also provide a gas safety certificate, EICR (electrical condition safety report) and EPC (energy performance certificate) to confirm the safety of gas and electrics at the property as well as the energy efficiency.
The guide can be provided as a hard copy or via email, as long as the tenant is happy with either format. It is a good idea to obtain proof of receipt of the How to Rent guide just in case it is needed in the future.
Failing to provide tenants with a copy of the How to Rent guide can lead to complications, including the inability to serve Section 21 eviction notices on the tenant. It could also be sued against the landlord in tenant disputes, leading to legal problems, fees and potential compensation claims.
The How to Rent guide contains information for tenants on what to look out for when renting a property, living in a rental home, what happens at the end of a tenancy, and what to do if things go wrong. The guide is split into the following sections:
This is a checklist that details what tenants should check for before renting a property. It informs tenants that viewing or tenancy arrangement fees are illegal as of 1st June 2019 and that they cannot charge more than a week’s worth of rent as a tenancy deposit. Tenancies must last at least 6 months, with options to negotiate longer or rolling tenancies. It also informs tenants about Right to Rent checks and what they need to prove they can legally rent a property in the UK. Links are provided for tenants who want to find a landlord who is part of an accreditation scheme or accredited lettings agents.
This section includes another checklist for tenants, with details about deposit protection, the tenancy length, advice on checking who is responsible for utility bills, fittings and fixtures, and more. It also reminds tenants to check that the property is fit for human habitation, that smoke and carbon monoxide detectors are fitted, and to check for other safety issues.
It advises tenants to make sure they know who their landlord is – landlords must provide their contact information to tenants and cannot legally charge rent until they have done so.
This part of the guide also informs tenants about what fees landlords can charge them such as rent, deposits, late fees for rent and other charges. It also details fees that landlords cannot legally charge, like viewing fees, tenancy setup fees, and more. This is to safeguard tenants against unscrupulous landlords.
This section covers licensing requirements, e.g. houses of multiple occupancy, and selective licensing, where some local authorities require a licence for all privately rented homes.
This section deals with what to look for when reading a tenancy agreement, inventory report, and other paperwork given to tenants at the beginning of a tenancy. It details a tenant’s rights to walk away from a contract they feel is unfair without forfeiting any deposit. It lists all the things a landlord should provide tenants with, including gas and electrical safety certificates, deposit paperwork, and proof that the smoke and carbon monoxide alarms are fitted and in working order at the start of the tenancy.
It informs tenants that if they need any property modifications due to disability, they can request reasonable adjustments to the property, like home adaptations. Landlords are not required to pay for such modifications but do have to give a reason for a refusal.
This section deals with the responsibilities of both the landlord and the tenant. Tenants responsibilities include paying rent on time, paying any bills they are responsible for, keeping the property in good condition, reporting any problems properly to the landlord, being considerate towards neighbours, regularly testing the smoke and carbon monoxide alarms, and not subletting or taking in lodgers without permission from the landlord.
Landlords responsibilities are detailed here, including maintaining the property and keeping it free from hazards, making sure all safety certificates are up to date, promptly carrying out repairs, doing Right to Rent checks, and more.
This section advises tenants on what to do if they want to leave the property at the end of a tenancy or remain living there. It includes information on rolling periodic tenancies, rent increases, advice on giving notice for both tenants and landlords, what to do when moving out, and more.
This section details what tenants should do if they have an issue with their tenancy, from who to talk to if they have a complaint about the property, how to end a tenancy early, and what to do if they fall into rent arrears. It provides information on how to contact the local council and other authorities if there is a serious problem or hazard at the property that the landlord is not dealing with.
The How to Rent guide is available online from the UK government website here. It can be downloaded as a PDF for emailing to tenants or printing out.
The How to Rent guide was last updated on 2nd October 2023. It was last updated 6 months previously to include up-to-date information on Smoke and Carbon Monoxide Alarm(Amendment) Regulations 2022 and changes to the Code of Practice on the Right to Rent Civil Penalty Scheme for landlords and agents. The guide is not updated on a set timeline, but rather when there is an update to property laws and regulations.
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