Beginning the process of renting a property can often feel complex and overwhelming for both tenants and landlords. To provide clarity and ensure a fair and transparent process within the private rented sector, the Government has established the How to Rent guide. It serves as a comprehensive resource, outlining the rights and responsibilities of tenants.
Landlords are legally mandated to provide every tenant with a copy of this guide at the start of their tenancy.
The How to Rent Guide is an online government document that advises current and prospective tenants on the rental process in England and Wales. It details their rights and responsibilities as tenants, plus outlines landlords' legal obligations.
Every tenant must be supplied with a copy of the How to rent guide by their landlord at the start of their tenancy.
The How to Rent guide answers some frequently asked questions, such as who the guide is for, deposit value, tenancy length, and so on.
It has sections on the following:
A digital copy can be emailed to tenants through a direct link. Though providing them with a hard copy can be beneficial, sending a digital copy means they will always have the most up-to-date version of the How to Rent guide.
This is the current version, which can be sent directly to tenants and is constantly updated.
If a landlord has not provided a tenant with the How to Rent guide, this will mean the landlord cannot repossess their property with a Section 21 notice.
By performing this small task, landlords can avoid landing themselves in hot water. To ensure there is record of the exchange, asking the tenant to sign a release form is a useful way of confirming they have the latest version.
The Renters' Rights Bill will significantly alter the How to Rent guide by eliminating fixed-term tenancies and establishing a new, periodic tenancy system. This means all tenancies will run week-to-week or month-to-month, giving tenants more freedom to move. The guide will need to reflect this change, as well as other provisions like limitations on rent increases and the abolishment of Section 21 evictions. With this, if there are no Section 21 evictions, there will be nothing enforcing the requirement for landlords to send the guide to tenants.
Further repercussions could be imposed on a landlord for not issuing an up-to-date How to Rent guide to their tenants. This includes this fact being used against the landlord in any tenant disputes. As a result, the landlord could face legal fees or compensation claims.
Landlords should check they are sending out the correct version at the beginning of every new tenancy to ensure they are compliant with the law. If the landlord is using the direct web link for the Government’s PDF, this shouldn’t be an issue. However, it’s good practice to review this before sending it as the Government updates the guide periodically.
Landlords should use this link to check if they have the latest version.
The How to Rent guide is designed to empower tenants with knowledge of their rights and obligations while simultaneously informing landlords of their legal duties. Its content makes it an indispensable tool for creating a more equitable renting environment. The legal requirement for landlords to provide this guide underscores its importance, with failure to do so carrying significant consequences.
By adhering to the guidelines surrounding the How to Rent guide, landlords can not only fulfil their legal obligations but also pursue positive relationships with their tenants.