UKRE update: residential tenancies and ‘How to Rent’ guide

The UK Government’s Department of Levelling Up, Housing and Communities has advised that a new ‘How To Rent’ guide will be issued on Monday 2 October 2023.

It is a legal requirement to serve a ‘How to Rent’ guide, as it forms part of the prescribed information landlords must issue. If they do not, they lose the right to repossess using Section 21.

Letting agents and private landlords are obliged to serve the latest version of the guide at the start of any new tenancy, and also on renewal (when a statutory periodic tenancy).

The previous update was only in March 2023, and included legal changes and requirements for carbon monoxide alarms to be fitted in every room with a fixed fuel-burning appliance.

This latest update will be the second update this year and is expected to include reference to the much-debated Housing Loss Prevention Advice Service, which replaces the Housing Possession Court Duty Schemes (HCPDS), and allows tenants to access legal advice if they are at risk of losing their home. It worth pointing out that the previous scheme was only available on the day of the hearing, so the change ensures a better access to legal support in housing matters for the tenants.

The UK government statement states: “The service enables anyone at risk of losing their home or facing possession proceedings to get free legal advice, and representation in court, regardless of their financial circumstances.”

This advice can be provided once the tenant has evidence they are at risk of possession proceedings. The legal advice can cover a vast range of issues including repossession claims, rent arrears, problems with welfare benefits payments, disrepair, and other concerns with housing conditions, including debt concerns.

If you need any further information or legal advice, including conveyancing of a property in England, contact our designated UKRE team, comprising Anna Douglass, Alastair Hargreaves, Naledi Odiseng and Caren Vidamour.