The importance of the How to Rent guide to the lettings process

When the guide needs to be given to tenants

When a new assured shorthold tenancy begins in England, the latest version of the UK Government's guide, which was issued in March 2023, must be shared with tenants by their letting agent or landlord.

This guide covers all essential information that a tenant should know, such as how to search for a new home, what to do after finding one, their rights and responsibilities while living in the rented property, and the process of terminating the tenancy.

The sharing of the guide is a legal obligation under the Deregulation Act 2015, and it can be provided to the tenant either as a printed copy or via email, provided that the tenant has given their consent to receive it electronically.

Renewing a tenancy or transitioning to a periodic tenancy

Provided that the guide has not been revised since the start of the original contract, landlords or letting agents are not required to furnish the document again when the contract is renewed or transitions to a periodic tenancy.

What if the guide is served to the tenant at the wrong time – or not at all?

Providing a copy of the How to Rent guide at the appropriate time, which is before the tenant moves in, is crucial for evicting a tenant with a Section 21 notice. Failure to do so may render the notice invalid. However, it is worth noting that the How to Rent guide process does not affect the issuance of a Section 8 notice.

The UK Government's website provides the most recent version of the How to Rent guide, and it also logs the dates when updates were made. The latest version is here. This feature is helpful for checking changes made since the guide was issued, particularly for tenancy renewals.

To avoid errors, it is advisable to download the latest version from the UK Government's website for each new tenancy. It is also crucial to maintain an audit trail of the materials provided to tenants, which can be achieved by requesting that they sign a document acknowledging receipt and keeping track of all email communication.