Serving the How to Rent guide correctly

Why it matters

Failure to correctly serve the 'How to Rent' guide can significantly hinder a landlord's ability to regain possession of their property. Even if a landlord has valid grounds for possession, a court may refuse to grant an order if this procedural requirement has not been met. This can lead to lengthy delays, increased legal costs, and prolonged periods where a landlord cannot recover their property, impacting their investment and peace of mind.

Legal requirements

• The 'How to Rent' guide must be provided to tenants at the commencement of every new tenancy in England.
• It must be the most recent version published by the Department for Levelling Up, Housing and Communities (DLUHC).
• The guide must be given directly to the tenant; merely making it available online is generally not sufficient proof of service.
• For tenancies that started before the requirement came into force, a guide is only needed if a new tenancy agreement is issued.
• Landlords are not typically required to provide an updated guide during a periodic tenancy unless a new tenancy agreement is created.
• Proof of service is crucial and should be retained by the landlord or agent.
• Failure to provide the guide correctly can prevent a landlord from using Section 8 grounds for possession under the Renters' Rights Act 2025.
• The guide must be provided to all tenants named on the tenancy agreement.

Common mistakes

• Providing an outdated version of the 'How to Rent' guide.
• Failing to provide the guide at all at the start of the tenancy.
• Assuming merely linking to the guide online fulfils the obligation.
• Not retaining proof that the guide was actually served to the tenant.
• Forgetting to provide the guide when a fixed-term tenancy rolls into a statutory periodic tenancy, even if the terms remain similar.
• Providing the guide after the tenancy has already started, rather than at the commencement.
• Only giving the guide to one tenant when there are multiple named on the agreement.
• Not checking for updates to the guide before each new tenancy begins.

Practical guidance

• Download the latest version of the 'How to Rent' guide from the GOV.UK website before every new tenancy.
• Print a physical copy for each tenant, or send it as a PDF attachment to an email.
• If delivering physically, obtain a signed acknowledgement of receipt from the tenant.
• If sending by email, ensure the tenancy agreement specifies that documents can be served by email and include a read receipt request.
• Keep a clear record of the date and method of service, along with the specific version of the guide provided.
• Review the GOV.UK website periodically for updates to the 'How to Rent' guide, especially before signing new tenancy agreements.
• Ensure your letting agent, if applicable, has robust procedures in place for serving this guide correctly.
• Integrate the provision of the 'How to Rent' guide into your tenancy start checklist alongside other mandatory documents like the EPC and Gas Safety Certificate.

The 'How to Rent' Guide: Purpose and Content

The 'How to Rent: The checklist for renting in England' guide is a document produced by the UK government, specifically the Department for Levelling Up, Housing and Communities. Its primary purpose is to help tenants understand their rights and responsibilities when renting a home in England. It covers crucial information including what to look for before renting, the types of tenancy agreements, what happens during the tenancy, and what to do at the end of the tenancy. It also provides advice on deposit protection, repairs, and general responsibilities. Providing this guide ensures tenants are well-informed, which ultimately contributes to smoother tenancy management for landlords. Landlords must use the version current at the start of the tenancy agreement, not necessarily when the agreement was signed. This is a critical distinction that landlords and agents must remember.

When and How to Serve the Guide

The 'How to Rent' guide must be provided to the tenant at the commencement of the tenancy. This means on or before the day the tenancy officially begins. For practical purposes, it is best to provide it at the same time as the tenancy agreement is signed and other key documents are issued. While providing a physical copy is the safest approach, it can also be served electronically if the tenant has agreed to receive documents by email, and this is stipulated in the tenancy agreement. If serving electronically, ensure you can prove it was sent and received, for example by requesting a read receipt or by the tenant acknowledging receipt in writing. A common pitfall is simply telling a tenant where to find it online; this is not considered adequate service. The guide must be actively provided to them.

Consequences of Non-Compliance

Failing to provide the 'How to Rent' guide correctly carries significant repercussions for landlords. Under the Renters' Rights Act 2025, a landlord cannot seek possession using any of the statutory grounds for possession unless they can demonstrate that the guide was provided in its most up-to-date version at the commencement of the tenancy. This means that if a landlord needs to regain possession of their property, perhaps due to rent arrears or anti-social behaviour, a court may refuse to grant a possession order if the guide was not properly served. This oversight can lead to substantial delays, increased legal fees, and an inability to deal with problematic tenancies effectively. Therefore, diligent record-keeping of service is paramount.

Keeping Records and Updates

Maintaining meticulous records of compliance is essential for landlords. For the 'How to Rent' guide, this means documenting the date it was provided, the method of delivery, and crucially, the specific version number or publication date of the guide given. Retaining a copy of the actual guide version provided at that time is also good practice. The guide is updated periodically, so landlords must check the GOV.UK website for the latest version before the start of each new tenancy. Unlike the EPC or Gas Safety Record, there is no requirement to provide a new 'How to Rent' guide during a periodic tenancy unless a new tenancy agreement is issued. However, if a fixed-term tenancy expires and a new fixed-term tenancy is created, the latest guide must be provided again.

Devolved Nations: Scotland, Wales, Northern Ireland

It is important to note that the requirement to provide the 'How to Rent' guide applies only to properties in England. Devolved nations have their own distinct legislative frameworks for private rented sector properties. In Scotland, landlords must provide tenants with the 'Easy Read Notes for the Scottish Model Private Residential Tenancy Agreement', or equivalent information. In Wales, landlords and agents registered under Rent Smart Wales must provide contract holders with a 'written statement' and specific information about the contract. Northern Ireland has its own set of rules under the Private Tenancies Act and associated legislation, which do not include a direct equivalent to the 'How to Rent' guide. Landlords operating across different parts of the UK must be aware of and comply with the specific requirements for each jurisdiction.