As landlords and lettings agents know, they should provide the current ‘How to rent: a checklist for renting in England’ (the ‘Guide’) to tenants at the outset of a new or renewal tenancy. An updated version of the Guide is expected today...
The Guide has been updated to reflect recent legal changes, including the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 (the requirement for carbon monoxide alarms to be fitted in every room with a fixed fuel burning appliance), and the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020 (that EICRs must be provided to the tenants).
It will also advise on smart meters and on ensuring that a property is suitable for disabled tenants.
Since 01/10/2015, section 21B of the Housing Act 1988 (the ‘Act’) has made it mandatory for landlords in England to provide the latest version of the Guide to their tenants when the first tenancy starts and on any subsequent renewal where there has been an update to the Guide.
Failure to meet this requirement means a landlord loses the right to serve a valid notice under section 21 of the Act (the ‘Notice’). Of course, the landlord can correct this error by service of the Guide before or with the Notice (see Trecarrell House Ltd v Rouncefield  EWCA Civ), but care should be taken that the correct version(s) of the Guide are provided.
A full chronological list of all Guides can be found here: How to Rent guides.
If you need support in relation to any compliance issues, then do not hesitate to contact us at firstname.lastname@example.org or on 01704 790 532.
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