Attention All Landlords! The How to Rent Guide is Changing on October 2nd. Here’s Everything You Need to Know.

This month’s article is all about the NEW October 2^nd How To Rent guide updates.

From a legal point of view, things are shifting again in the rental sector, and this is the second update from the government this year, which is a rare event. The industry has undergone many changes, and this important revision is, in our opinion, the result.

Thus, it’s worthy of notice, and you need to know about it.

Don’t bother with Google. The Clarity Property Management Team has the expertise and knowledge you need, and we’ve drawn everything together in this one piece.

Equally, to make things simple to read, we’ve broken the updates into short paragraphs, with plenty of background information to put the changes in context.  However, as we always say, being a landlord is more complicated than it used to be; so, if you’re unsure about anything, don’t hesitate to contact us.

The Lowdown on the How to Rent Guide

As a landlord, one of your most significant responsibilities is to provide the people renting your home with a How to Rent Guide when their tenancy starts.

However, you don’t need to provide the document again when the contract is renewed or moves to a periodic tenancy. Most likely, you already know that the How to Rent guide it’s NOT a nice-to-have, but a critical document that sets out everything your tenants need to know in easily absorbable, jargon-free language.

Launched in 2015 as part of the Deregulation Act, it’s essentially a checklist and includes the rights and duties of a tenant and your legal responsibilities as a landlord. You can either print it out to give to them or send it by email with permission.

As mentioned, you MUST do this.

Failure Is Not an Option

As a landlord, you are legally obliged to provide your tenants with an up-to-date copy of the How to Rent guide.

If they receive an out-of-date copy, or you provide it late, at the wrong time or not at all, then any action you may wish to take later on – including serving a Section 21 notice – will be invalidated. In other words, irrelevant, null and void, and refuted. Nada, Zilch, Nixxed. Useless, in fact. Whilst the Section 8 notice will be unaffected, taking this latter action could be complicated, stressful and eye-wateringly expensive.

As agents, these same stringent rules apply to us, too – as you would expect, and it’s our professional obligation to inform you of these changes.

The last How to Rent update was in March 2023, with the latest amendment coming just seven short months hot on its heels. This reflects the ever-changing landscape in the rental market, and commentators have speculated that this is part of the government’s Levelling Up agenda.

Suitably discombobulated? OK, don’t worry. Here’s what you need to know

So, What Are The Changes? 

In a nutshell, pages 15 and 17 of the How to Rent Guide have been updated with advice on accessing free, non-means-tested legal aid services, support and advice, regardless of financial circumstances if tenants risk losing their home.

The Housing Loss Prevention Advice Service is new, and has replaced the Housing Possession Court Duty Schemes (HCPDS).

For support to be available, the tenant must offer evidence that they are at risk of eviction.

For illustration, to quote from the guide directly (page 15):

“For anyone facing the loss of their home, free Government funded legal advice and representation (legal aid) is available through the Housing Loss Prevention Advice Service. If you receive written notice that someone is seeking possession of your home, should you make contact with the Housing Loss Prevention Advice Service at www.gov.uk/guidance/legak-aid-for-possession-proceedings”

Page 17 lists updated contact details.

Previously, legal advice from the HCPDS was only accessible on the actual day of the hearing. The new structure is much broader in scope, offering longer-term “before the fact” support, as soon as eviction becomes a possibility, rather than short-notice, on-the-day provision.

As well as early legal advice, HLPAS can also offer “In Court Duty” emergency advice and advocacy to a tenant facing possession on the day of proceedings on the day of

The Housing Loss Prevention Advice Service – A Brief Guide

Launched in August 2023, HLPAS covers England and Wales. As we’ve touched on, individuals do NOT need to meet legal aid financial eligibility rules, and at the present time, 101 HLPAS contracts have been awarded to legal aid housing providers.

What Does this Free Legal Advice Cover?

The range of guidance is wide, and includes:

• Repossession claims
• Debt concerns
• Rent arrears
• Issues with welfare benefits payments
• Disrepair and other problems with housing conditions

Where Can I Access the New Guide?

You can find it here: https://assets.publishing.service.gov.uk/government/uploads/system/uploads/attachment_data/file/1188064/DLUHC_How_to_rent_Oct2023.pdf 

What Does the new How to Rent Guide Mean for Landlords?

In brief, it enhances your tenants’ rights, and you should take this new update seriously – as you are undoubtedly aware.

It comes on top of the March update regarding mandatory smoke and carbon monoxide alarms, Electrical Installation Condition Reports and smart meters. Did you know that eleven updates have been released since the How to Rent guide was launched?

Clearly, there’s a lot to know.  

As a landlord, legal compliance is essential and keeping up to speed could become complicated.  Clarity is here to shed light on the rental sector, and we’re here to help you. Contact us for more information.