The How To Rent Update: What It Means For You

The government has recently updated its How To Rent guidance for landlords and tenants. Here we’ll summarise what this guide covers, what’s new in the latest update and what those involved in letting property must know.

What How to Rent is

How to Rent is an official government guide. It calls itself the ‘checklist for renting in England’.

How to Rent applies to assured shorthold tenancies (or ASTs) and only in England.

The guide says it is for tenants and landlords in the private rented sector. It says it is designed to help them both understand their rights and responsibilities in law. It provides detailed information and checklists on key aspects of renting or letting a property and on tenancy law.

Key subjects covered by How to Rent include what to consider before renting a property, living in a rented home, what happens at the end of a tenancy and information on dealing with problems.

Although the guide suggests it is for landlords and tenants it is strongly tenant orientated.

When landlords need to issue How to Rent

The law says that landlords must issue a copy of How to Rent to tenants in these circumstances.

• To new tenants when their tenancy begins (and before they move in).

• To existing tenants, in some cases. This is when a tenancy is renewed or becomes periodic. But only if the How to Rent guide has been updated since the last tenancy was set up.

How to Rent can be issued to tenants either as a paper document or digitally if tenants have agreed to receive their tenancy documentation this way.

What How to Rent contains

Here is an in-a-nutshell summary of the main sections:

1. Before you start

This section covers things tenants should ask themselves before renting a home, including where they want to live, how long they want to rent for, how much they can afford and whether to rent direct from a landlord or through a letting agent.

It also gives some advice on tenancy fees (ie. that most are banned) and on the maximum deposits that can be asked for.

2. Looking for your new home

This section gives even more advice on tenancy fees, maximum deposits, deposit guarantees and deposit replacement schemes. It also gives basic advice on property standards and safety, and about issues such as smoking and pets.

This section also points out that tenants should be clear who their landlord actually is (and so who is legally responsible as their landlord) and whether the property requires any kind of letting licence.

3. When you’ve found a place

This section gives information on what tenancy paperwork a tenant must receive including a tenancy agreement, deposit protection paperwork, an EPC and safety-related paperwork.

It advises tenants to check if the property is suitable for their needs if they are disabled.

4. Living in your rented home

This section gives information on what tenants must do and should do, and what landlords must do and should do. This includes (for tenants) paying the rent on time and looking after the property and (for landlords) maintaining the property properly.

5. At the end of the fixed period

This section gives information on how a tenancy can be ended, whether at the end of a tenancy period or at some other time. It gives information on notice periods and evictions and what both landlords and tenants must or should do.

6. If things go wrong

This section gives guidance on what to do in case of problems with a tenancy, including on complaints, arrears, giving notice and eviction. It provides quite extensive information on tenants’ legal rights if their home requires repairs and the landlord does not carry these out.

7. Further sources of information

This section lists further sources of information and help, mainly of use to tenants. It gives details of the new Housing Loss Prevention Advice Service – see below for why this is important.

The full contents of How to Rent can be found here: Guidance: How to rent

This guide is for people who are looking for a house or flat to rent.

What landlords must know about How to Rent

The first thing that landlords should know is that How to Rent forms part of what is known as the prescribed information which must be given to tenants at the start of every new tenancy. They must ensure it is issued. Landlords should also ideally ensure that tenants sign to say they have received How to Rent.

The second and in some ways most important thing landlords should know is that they may face problems with evicting tenants if they have not issued the How to Rent guide when required. The Section 21 eviction process cannot be used if How to Rent has not been issued. (Section 8 can still be used where appropriate.)

It is also worth bearing in mind that issuing the How to Rent guide is also a condition of some local authority licences. For example for an HMO licence or a selective licence in a selective licensing area.

How to Rent – an update history

The How to Rent guide was first published in June 2014.

Further updates, some very minor, were published in 2015, 2016, 2018 (three times), 2019 (twice) and 2020. There was then something of a lull apart from an ‘easy read’ version published in 2021 until a comprehensive update in March 2023. This has been followed by another update in October 2023.

The March 2023 update was substantial and covered a number of significant changes to tenancy law that had happened since the previous update. These included the new regulations on smoke and carbon monoxide alarms and electrical testing for let property. It covered the latest rules on Right to Rent. There was also guidance for tenants with disabilities, saying landlords must consider reasonable requests for property adaptations.

The October 2023 update – what you need to be aware of

The latest October 2023 update appears to be relatively minor on the face of it but there is one quite significant addition. This is that there is more advice on how tenants can access the new, free legal aid services, advice and support with tenancy issues.

Specifically the update includes information about the new Housing Loss Prevention Advice Service or HLPAS which was launched in August to provide help to tenants facing eviction. The Housing Loss Prevention Advice Service supersedes the previous Housing Possession Court Duty Scheme (or HPCDS).

A key difference is that the HPCDS was only available to tenants at court on the day of a listed possession hearing. However, HLPAS provides early stage legal advice on housing, debt and welfare benefits to those at risk of possession proceedings and loss of their home, as well as an ‘on the day’ court service. Tenants who require assistance from HLPAS do not need to meet legal aid financial eligibility rules as the service is means free. They simply have to show evidence that they are at risk of losing of their home and they can receive advice from that point on.

HLPAS is available in England and Wales.

The latest update also showcases an online tool or checker which tenants can use to help them understand how to get help with problems in rented property, particularly where a landlord has not resolved them.

Summary 

Landlords should be aware that a proportion of their tenants will read How to Rent. This will advise them of their rights and responsibilities as tenants which, otherwise, they might not have been aware of. They should also be aware, however, that many will not make themselves aware of this information.

Landlords should also bear in mind that after several years in which the How to Rent guide didn’t change much the pace of updates seems to be quickening – with two new updates in 2023 alone. This might suggest that there will be more frequent updates in future.

Landlords should aim to keep up to date with all future updates of How to Rent. This is not only to keep their own knowledge current but also so that they can ensure the latest new version is issued to both brand new tenants and those who renew a tenancy.