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3.23 Prescribed Information

Not to be confused with tenancy deposit prescribed information, for all assured shorthold tenancies granted on or after 1 October 2015 including renewals, a landlord or landlord’s agent must give the tenant the following information – the version of the 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.

 

The information may be provided to the tenant— in hard copy; or where the tenant has notified the landlord, or agent, 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 email.

 

If the “how to rent” guide changes during the tenancy, the new version is not required to be provided.

 

Where a written renewal is done between the same landlord and tenant for substantially the same property, another copy of the “how to rent” guide only needs to be provided if the guide has changed since the previous tenancy and previous version supplied to the tenant. Therefore, if doing written renewals, landlords and agents will need to check and compare versions with what was given to the tenant previously and provide the new version if necessary.

 

It would appear that if the tenancy goes ‘statutory periodic’ (see chapter 5) at the end of the fixed term and the booklet has changed on or before that day, the updated one must be provided.

 

The legislation does not provide any time limit to supply the information. It simply says that the booklet must be given “under the tenancy”. However, the ideal time is to serve the guide at the same time as granting the tenancy and that would appear to be the intention of the legislation.

 

The two months “no fault” section 21 notice may not be given at a time when the landlord is in breach of the requirement to give the information guide.

 

The “How to rent: the checklist for renting in England” can be downloaded here:

 

https://www.gov.uk/government/publications/how-to-rent.

 

 

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