Hope you’re all well and had a lovely new year!
Before I expand on the title of this topic, it’s best I give you a quick summary of my process when letting a property:
- I advertise a property for rent;
- I screen interested tenants;
- After carefully selecting who I’m happy to proceed with, I’ll invite them to put down a Holding Deposit via email.
Now, the email I send them consists of details of the Proposed Let, the Holding Deposit terms, and where to make payment if they’d like to reserve the property. I also attach the following documents to the email:
- the property’s EPC
- the government’s How to Rent guide (latest version)
- a sample of the tenancy agreement I use
Now, here’s where I’m getting confused…
It states in the government’s How to Let guide (as well as many other online sources) that a landlord must provide tenants with a copy of the latest version of the How to Rent guide “at the start of a tenancy”.
So, here are my questions:
What is the bloody point of serving this guide AFTER the contracts have been signed and we’ve entered into a tenancy agreement?! One of the first few chapters of the How to Rent guide is even called “Before you start” - wouldn’t the tenant benefit from this information BEFORE entering into a tenancy agreement? Or even better, BEFORE placing a Holding Deposit? This is the reason I’ve always attached the guide in my Holding Deposit Invitation emails.
Now the important question; because I serve this guide BEFORE the tenancy starts (i.e., at the Holding Deposit stage), does this mean I’ve served it incorrectly, essentially invalidating my right to serve a section 21 notice?
Looking forward to all your thoughts on this!