How to rent guide updated - June 2018

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    How to rent guide updated - June 2018

    FYI:

    A new version of the How to Rent guide have been published by the Ministry of Housing, Communities and Local Government as of 26 June 2018.

    An up-to-date copy of the guide must be supplied before a section 21 notice can be given if any new tenancy is granted on or after this date, including a statutory periodic tenancy arising from a tenancy from before this date.
    I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

    I do not answer questions through private messages which should be posted publicly on the forum.

    #2
    Getting more stupid by the version.
    This one's so full of links that the printed version is vastly less useful than the electronic file.

    Which can only be used in specific circumstances.
    When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
    Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

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      #3
      Funny enough I was getting a new tenancy agreement done last night and noticed this had changed again. Glad I checked

      Comment


        #4
        But what if you already issued a s21 to expire on 10th August 2018, for a fixed term that expires on 6th August 2018?
        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

        Comment


          #5
          Originally posted by JK0 View Post
          But what if you already issued a s21 to expire on 10th August 2018, for a fixed term that expires on 6th August 2018?
          There has to be one.

          A notice under subsection (1) or (4) of section 21 may not be given in relation to an assured shorthold tenancy of a dwelling-house in England at a time when the landlord is in breach of a requirement imposed by regulations under subsection (1).
          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) to supply a further copy of the document each time a different version of that document is published during the tenancy.
          Should be fine. You just can't give a section 21 when you are in breach, no words render an existing valid notice invalid in the future.
          I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

          I do not answer questions through private messages which should be posted publicly on the forum.

          Comment


            #6
            thanks for letting us know

            Comment


              #7
              much thanks op at least there is someone who is here to update us... email sent with new RTR booklet.

              But as jpkeates says we can only send a eDoc on certain circumstances. Please explain for me....

              Comment


                #8
                The information may be provided to the tenant— (b) where the tenant has notified the landlord, or a person acting on behalf of the landlord, of an e-mail address at which the tenant is content to accept service of notices and other documents given under or in connection with the tenancy, by e-mail.
                Also, by email as a PDF attachment, and not for example a link to the gov.uk page.
                I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                I do not answer questions through private messages which should be posted publicly on the forum.

                Comment


                  #9
                  out of the side to this topic is there a topic discussing how to fill in N5b form after issuing a s21. I have tried to look search in the bar noting comes up. I tried to create a new topic but as a new member I don't know if I am allowed to. When I go to New Topic tab all I get is already created currently.

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                    #10
                    Page 6 of the document includes:
                    The landlord must also provide you with:
                    • A record of any electrical inspections.
                    I was not aware of this.
                    Can anyone point me to the legislation?

                    Comment


                      #11
                      I think it probably means fixed electrical installation inspections for HMOs but I agree that for a 'guide' it is not always clear and some bits may be misleading. The html version says at the top "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 clearly untrue. Haven't checked the PDFs version

                      Comment


                        #12
                        Originally posted by DPT57 View Post
                        The html version says at the top "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 clearly untrue. Haven't checked the PDFs version
                        Sounds like Sir Humphrey is making up his own legislation again. Maybe Sir Humphrey is a tenant?
                        To save them chiming in, JPKeates, Theartfullodger, Boletus, Mindthegap, Macromia, Holy Cow & Ted.E.Bear think the opposite of me on almost every subject.

                        Comment


                          #13
                          Originally posted by Singhno1 View Post
                          out of the side to this topic is there a topic discussing how to fill in N5b form after issuing a s21. I have tried to look search in the bar noting comes up. I tried to create a new topic but as a new member I don't know if I am allowed to. When I go to New Topic tab all I get is already created currently.
                          finally got through the maze and posted my Q....

                          Comment


                            #14
                            Well, that's interesting.

                            There's a new version of the guide today.
                            Which has the title changed (see below) and which says it's the same version that was there before (it's not mentioned in the version control list and it's dated 26th June.)
                            But it's definitely not the same document.

                            So good luck anyone with a new tenancy who handed over the guide since 26th June.
                            You should probably do it again.

                            https://nearlylegal.co.uk/2018/07/ho...it-of-a-snafu/

                            Key part of that linked page...
                            ...the original 26 June 2018 guide was entitled “How to… Rent A guide for current and prospective tenants in the private rented sector in England” – which is a change from the previous “How to rent: The checklist for renting in England”. All well and good except that the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 are very precise on the ‘prescribed information’. The Regs refer to a “document entitled ‘How to rent: the checklist for renting in England’, as published by the Department for Communities and Local Government, that has effect for the time being”.

                            There is obviously a risk that the re-titled How To Rent guide would be found not to be the guide required under the regulations.
                            When I post, I am expressing an opinion - feel free to disagree, I have been wrong before.
                            Please don't act on my suggestions without checking with a grown-up (ideally some kind of expert).

                            Comment


                              #15
                              Oh dear...
                              I am not a lawyer, nor am I licensed to provide any regulated advice. None of my posts should be treated as legal or financial advice.

                              I do not answer questions through private messages which should be posted publicly on the forum.

                              Comment

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