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Warning contradiction with the law - England only New How to Rent Guide Published 9 July 2018

11th Jul 2018


Warning - the new  "How to Rent Guide"   published 9th July 2018 replaces the most recent dated the 26th June 2018 is misleading and contradicts the law. So PIMS can only recommend the MOST recent guide be issued pre-service of a Section 21 Notice. See Question 11 Court application for possession using the Section 21 Notice.

This is the Problem

  • The new   How to Rent Guide  says [bottom of page 2]    Landlords cannot use the section 21 (no fault) eviction procedure unless an up-to-date version of this guide has been provided to the tenant.
This is what the law says

  • For reference The Law that governs this process is - Statutory Instrument 2015 No 1646 The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 and states in page 2 part 4 and  5 view document

Requirement for landlord to provide prescribed information

Part 4 Paragraph (1) does not require a landlord, or person acting on behalf of the landlord, who has provided the tenant with the document mentioned in paragraph (2) [ PIMS note para 2 specifically states document entitled How to rent,,,,," ] to supply a further copy of the document each time a different version of that document is published during the tenancy.

Part 5 says This regulation does not apply—

(b)where—
(i) the tenancy (“the new tenancy”) is a replacement tenancy; [PIMS Note basically mean same landlord and tenant thereafter]
(ii) the  landlord,  or  a  person  acting  on  behalf  of  the  landlord,  provided  the  tenant  with
the document mentioned in paragraph (2) under an earlier tenancy; and
(iii) the  version  of  the  document  provided  to  the  tenant under  the  earlier  tenancy  is  the
same version as the version which is in effect on the first day of the new tenancy.

  • PIMS note So if we provide the tenant a copy in January 2018 then the Guide is updated part way through a 12 months Tenancy as has happened here [June 2018] then one cannot issue a Section 21 Notice until most recent "How to Rent Guide" has been issued is what the guide now implies
  • Best Practice - minimise risk should you feel you may need to issue a Notice to a tenant check yours is the current "How to rent Guide" - if not re issue Guide then only thereafter issue the Section 21 Notice - This shall satisfy any challenge re Q11 court application form 


ENGLAND ONLY If Landlords or their Agent fail to provide EPC, Gas Safety and How to Rent Guide pre service of a Section 21 Notice they cannot apply to evict their tenants - These are Question 9, 10 , 11 on Court application for possession using the Section 21 Notice.

PIMS related content

 
Where property located in Wales these are the current Guides Published by: Welsh Government
 
 
 


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"In May, you MUST give your Tenants the Renters Rights Information Sheet or

YOU RISK  - £7,000 FINE  PER TENANT PER PROPERTY."READ MORE