WHAT IS THE HOW TO RENT GUIDE?

The How to Rent guide is a free government PDF document that provides information about privately renting in England. The guide details the rights and responsibilities of a tenant, as well as the legal obligations of landlords.

When does a landlord need to provide a How to Rent Guide to their tenant?

Every landlord must ensure their tenant receives a copy of the How to Rent guide and it is important that the most up-to-date version is provided. This should be provided at the commencement of the tenancy.

If a new fixed term tenancy is entered into, or if a fixed term has lapsed and the agreement has subsequently continued by virtue of a statutory periodic tenancy, the landlord must re-serve the How to Rent guide if an updated version has been published.

An updated How to Rent guide is set to be published by the Government on the 17^th March 2023.

If you are a landlord or agent who has served a How to Rent guide in advance of a tenancy starting after this date, it is recommended that the updated version is served after before the commencement of the tenancy. This will ensure that the most up-to-date version has been provided.

What is updated in the new guide?

The guide has not been updated since December 2020. The latest version of the guide has been updated to include a requirement for carbon monoxide alarms to be fitted in every room with a fixed fuel burning appliance and a requirement that Electrical Installation Condition Reports (EICR) must be provided to tenants. It also contains information on fitting smart meters and there is a section in the guide on ensuring the property is suitable if you have a disability.

What are the implications for non-compliance?

If a landlord or agent does not provide the correct How to Rent guide to a tenant, it will render any no-fault notice invalid until the correct versions of the guide are provided.

To prevent the prospect of unnecessary and costly legal battles when beginning the possession process, it is strongly recommended that landlords ensure the correct How to Rent guide is provided to tenants.

Here at NewBold Solicitors, we support and advise both landlords and tenants. If you seek advice regarding your situation, please contact the housing team at 01446 789359 and we can outline how you can be compliant and avoid any claims.

Implementation of the Renting Homes (Wales) Act delayed

Julie James, Minister for Climate Change, has announced that the implementation of the Renting Homes (Wales) Act 2016 has been delayed until 1^st December 2022; it was originally scheduled to come into effect on 15^th July 2022.

The new legislation will fundamentally change how landlords, and their agents, operate in Wales. The aim of the legislation is to simplify the existing law into one clear legal framework and the legislation represents the biggest change in housing law in Wales for decades. Some changes will occur as soon as the legislation comes into effect, for example, the majority of tenancies and licences will convert into occupation contracts on 1^st December 2022 – in effect, there is no transitional period and this change occurs automatically. Inevitably, this gives rise to a sense of uncertainty and stress amongst landlords as the consequences for non-compliance can be costly.

It is clear that both social and private landlords seek additional clarifications in relation to the new legislation. Julie James’ written statement outlines that the final traches of subordinate legislation are due in July 2022; this additional time before implementation will enable landlords to familiarise themselves with various pieces of that legislation.

Julie James’ written statement (30^th May 2022) can be found in full at: Written Statement: Implementation of the Renting Homes (Wales) Act 2016: deferral of implementation date (30 May 2022) | GOV.WALES

Here at NewBold Solicitors, we can assist with supporting landlords with the above changes. As the legislative reform is so significant, we recommend preparing in advance of 1^st December 2022 to avoid any repercussions for non-compliance.  if you wish to discuss your specific matter, please do not hesitate to contact the Housing team on 01446 789359.

We are often asked if Landlords can refuse a tenancy on the basis that the Tenant has a pet.

At the moment, they can, but a paper is going through Parliament known as 'The Dogs and Domestic Animals (accommodation and Protection) Bill' which (if passed) will make it discriminatory to refuse a tenancy just because the Tenant has a pet.

The Equality Act 2010 service providers (which includes Landlords), must not directly or indirectly discriminate against people with a disability.  Section 20(3) says that they must make reasonable adjustments where a provision, criterion or practice, puts a disabled person at a substantive disadvantage to a non-disabled person.

Under the Equality and Human Rights Commissions guidance for social housing providers, it says that a Landlord would have to change a tenancy if it prohibits pets if the pet is an assistance, or guide dog and failure to do so may risk breaching article 14 of the human rights (prohibition of discrimination); therefore if one can reasonably argue that the pet helps their disability (including a hidden disability), then one can consider relying upon this.

The most important thing we can do is lobby our MPs on this issue; it is (in our view) discriminatory because pets are like a family member and it is abhorrent to ask a tenant to rehome a pet just so they can move into a property.

Useful guides can be found at the Tenancy Deposit Scheme, 'a guide to pets in rental properties' and The Dogs Trust 'Lets with Pets'.

Hopefully the bill will be past in the very near future, it simply make sense that it is.

All our blogs are generic and cannot be relied upon for legal proceedings, for specific advice on your matter, please speak to one of our team; also, the law changes, and blogs may be overridden by new law. 

Are you a landlord buying a property with a sitting tenant?

If a landlord purchases a property with a sitting tenant, it is essential that they serve the tenant with two important notices: (1) Section 3 (Landlord and Tenant Act 1985) Notice and (2) Section 48 (Landlord and Tenant Act 1987) Notice. We take a look at both in turn: Section 3 Notice Section 3 of the Landlord and Tenant Act 1985 (hereafter referred to as LTA 1985) refers to a landlord’s duty to notify the tenant that they are the new landlord, having taken over from the previous landlord, usually through purchase of the property. In addition, Section 3 of the LTA 1985 places an obligation on the new landlord to provide their address. It is important to note that this must be the landlord’s actual address and not just an address for service of documents. It is necessary to provide such information “not later than the next day on which rent is payable under the tenancy or, if that is within two months of the assignment, the end of that period of two months” (Section 3(1) LTA 1985) If a Section 3 Notice is not served, both the old and new landlord can be held jointly and severally liable for any breaches of the tenancy agreement, such as disrepair. The old landlord can protect themselves by providing their own Notice (of which would detail the new landlord’s name and address). Section 3(3) LTA 1985 provides that failure to adhere to the obligations contained in Section 3, the new landlord commits a summary offence and liable on conviction to a fine up to £2500. In summary, failure to provide a Section 3 Notice to your tenants can have criminal and civil implications. Section 48 Notice Section 48 LTA 1987 provides that a tenant must, by notice, be provided with an address where notices may be served on the landlord. The address must be in England and Wales. Normally, this is clarified and provided in the tenancy agreement. However, a Section 48 Notice may be necessary if a landlord has purchased a property with a sitting tenant or a landlord has changed addresses during the tenancy. Additionally, a tenant can refuse to sign a new tenancy agreement and therefore a Section 48 Notice may be necessary. In contrast to a Section 3 Notice, a Section 48 Notice does not need to contain the landlord’s own address but simply an address where notices can be served – often this is a managing agent’s address. A landlord cannot demand rent from a Tenant if the landlord has failed to provide such information; however, note all rent becomes lawfully due immediately after service of a Section 48 Notice. This can have implications if a landlord pursues possession proceedings. If a Section 48 notice has not been served, the proceedings may fail (which, in effect, is an additional cost to the landlord). It is important that both a Section 3 Notice and a Section 48 Notice are provided to the tenant as soon as possible. Serving notice is relatively straightforward and can prevent big implications in the future (as indicated throughout); we can assist with drafting such notice for a fixed fee. At NewBold Solicitors, we offer a free 15-minute telephone consultation to discuss your matter in more detail. If you would like to discuss your case with us. Please call our dedicated team on 0330 123 1131 or visit our Landlord or Tenant Services pages for further information.   Jake Wesson - Graduate Solicitor

Six-month notice periods continue in Wales until the end of 2021

Earlier this month, the Government had confirmed, in the Coronavirus Act 2020 (Residential Tenancies and Notices) (Amendment and Suspension) (England) Regulations 2021, that the notice periods for Section 8 and Section 21 Notices will return to pre-pandemic levels in England from October 1^st, 2021.

For more information concerning notice periods in England, please refer to our recent blog post outlining these changes.

However, we have now been notified that notice periods will not return to pre-pandemic levels in Wales. Currently, landlords in Wales must provide six months' notice when terminating a tenancy; these measures were due to expire on 30^th September 2021 but have now been extended until December 31^st, 2021.

The explanatory notes, written in conjunction with the Coronavirus Act 2020, outlines reasons as to why the Welsh Government have taken this approach. The Welsh Government believe the extended notice periods will support the three overarching aims of the aforementioned Act:-

1. Containing and slowing the virus, 
2. Easing the burden on frontline staff
3. Supporting people. 

The notes then goes onto detail how this decision supports those aims in arguing that extended notice periods will:

• Reduce homelessness,
• Reduce pressure on services,
• Increase scope to support individuals at risk of eviction,
• Increase security for tenants and reduce anxiety.

This decision is influenced by the Welsh Governments inability to accommodate evicted tenants (as the pandemic has already placed huge constraints and pressure on local authorities). The explanatory notes then highlight that these local authorities will “struggle to accommodate any significant rise in numbers presenting as homeless.”

In addition, it is noted that the Welsh Government considered reducing the notice periods but ultimately decided at this time it was not appropriate to do so. One motive for their decision is that a Notice issued in September with six months' notice would expire after a Notice issued in October (in the event that shorter notice periods would have applied).

We note that many landlords are also conscious of this and therefore wait for announcements from the Welsh Government. This gives rise to the concern that if landlords are waiting for notice periods to reduce, we could therefore see mass evictions. Notwithstanding, there has been no indication as to how the Welsh Government will prepare for this possible spike in evictions.

At NewBold Solicitors, we offer a free 15-minute telephone consultation to advise landlords of their potential options. If you would like to discuss your case with us, please call our dedicated team on 0330 123 1131 or visit our Landlord or Tenant Services pages for further information.

Jake Wesson – Graduate Solicitor – Property Litigation.