SMF - Just Installed!

How to rent guide

Started by Sarah C, January 29, 2025, 06:42:55 PM

Previous topic - Next topic

Sarah C

Hello
Please can anyone confirm whether the most up to date version of the How to rent guide is October 2023? I need to issue this with a section 21. Many thanks

HandyMan

Yes, latest is Oct 2023  https://www.gov.uk/government/publications/how-to-rent

Quote from: Sarah C on January 29, 2025, 06:42:55 PMI need to issue this with a section 21.

No, you cannot do that if you want your Section 21 to be valid.

You must issue the How to Rent guide before serving the Section 21. See page 5 of the PDF flowchart here https://nearlylegal.co.uk/section-21-flowchart/

Also note that you can only provide a digital copy of the How to Rent guide "where the tenant has notified the landlord, or a person acting on behalf of the landlord, of an e-mail address at which the tenant is content to accept service of notices and other documents given under or in connection with the tenancy, by e-mail." If you don't have that notification (usually in the tenancy agreement) then you must supply a physical copy.

jpkeates

And the document has to be the right version. The latest version is only for tenancies that began after it was published.

HandyMan

Quote from: jpkeates on January 30, 2025, 08:54:33 AMAnd the document has to be the right version. The latest version is only for tenancies that began after it was published.

I know nothing regarding that. But Giles Peaker says on p5 of the S21 flowchart:

"Has the tenant received:
[...]
Government 'How to Rent' Booklet? (Either current version at start of current tenancy, or the latest version before service of s.21)"

jpkeates

I've never understood that and must ask him next time I see him online. As far as I know it's got to be the one contemporary with the start of the tenancy (and there's an archive of them on his Nearly Legal website for that purpose). If there's a follow up tenancy, you have to give the version contemporary with that start date if it's changed since you last did it.

I have no idea if a court ever digs that deep, but a number of the possession service companies just send every version.