18th August 2018
Q: Do I have to give my tenant(s) the How To Rent booklet?
A: Yes! You or your agent will need to supply this at the start of each new tenancy. Serving the booklet is not a legal requirement, so you will not get prosecuted for not doing it; however, it now forms part of the new Section 21 regulations (notice to tenants). This means that if you ever wish to serve notice on your tenants to leave the property you would not be able to.
Being stopped from serving a Section 21 would make it close to impossible for you to efficiently repossess your property; unless by some miracle your tenant is willing to surrender the tenancy. Now, if things are going well it might be a walk in the park getting them to leave but on the other hand if your tenant breaches their tenancy or falls into a month’s rent arrears, then possession via a Section 21 would be impossible. The only other option would be to proceed down the Section 8 route and evict them on grounds for possession, but they would need to be in arrears for a minimum of two months.
So, make sure you serve the booklet at the beginning of the tenancy and follow all the other Section 21 requirements.
Richard Bond
