The Importance of the Updated ‘How to Rent’ Guide for HMO Landlords
The government recently updated the ‘How to Rent’ guide in October 2023 to include the new Housing Loss Prevention Advice Service, providing tenants with legal advice on housing and possessions. This blog post emphasises the significance of this update for HMO landlords in ensuring compliance within their lettings processes.
What is the ‘How to Rent’ Guide?
The ‘How to Rent’ guide is specifically designed for tenants renting properties privately in England under an assured shorthold tenancy. Whether tenants rent directly from a landlord or through a letting agent, this guide equips them with essential knowledge about the private renting experience. It covers various aspects such as searching for a new home, responsibilities during the tenancy, and terminating the agreement.
When should the Guide be Provided to Tenants?
It is crucial for HMO landlords to provide tenants with the latest version of the guide at the beginning of their assured shorthold tenancy. This obligation is in accordance with the Deregulation Act 2015. Landlords can either print a physical copy to hand over to the tenant or obtain the tenant’s permission to send it via email.
Guide Requirements during Renewal or Transitioning to a Periodic Tenancy
In cases of tenancy renewal or transitioning to a periodic tenancy, there is no need to supply the guide again unless updates have been made since the original contract commenced.
Consequences of incorrect or non-compliant provision of the Guide
Failure to provide tenants with the ‘How to Rent’ guide in the correct timeframe could have significant repercussions. HMO Landlords who wish to evict a tenant using a section 21 notice must ensure they have already given the guide to the tenant; otherwise, the notice will be invalid. It is imperative to serve the guide before the tenants move in to comply with legal requirements. However, the How to Rent guide process does not impact issuing a Section 8 notice.
Staying Compliant with the ‘How to Rent’ Guide Requirements
To ensure compliance with the ‘How to Rent’ guide, HMO landlords should regularly check the government’s website for updated versions. The website provides a log of any changes made to the document, enabling verification since the tenancy agreement was issued. For added certainty, it can be helpful to obtain the latest version directly from the government’s site at the start of each tenancy.
Keeping an audit trail of documents received by tenants is also crucial. Confirming receipt by asking tenants to sign a document and keeping track of email communications can help maintain a reliable record.
The updated ‘How to Rent’ guide is of utmost importance to HMO landlords, serving as a comprehensive resource for tenants in the private rental sector. By adhering to the guide’s provision and staying compliant, HMO landlords can navigate their lettings processes smoothly while abiding by legal requirements.
Don’t let compliance headaches keep you up at night! Speak to our team on 01233 367 367 to see how we can help you
