What are the new rules for landlords 2022?

The Building Safety Act of 2022 brought in new leaseholder protections which prevent landlords from passing on the cost of cladding safety remediation to their qualifying leaseholders. Non-cladding safety remediation costs are capped and must be spread out over 10 years.

What must a landlord provide by law?

Your landlord must provide the following documents, by UK Law: How To Rent Guide Read the full article above Gas Safety Certificate Must be provided before the tenants move in and again following each annual gas safety check Deposit Paperwork Your landlord must place your deposit in a government-backed scheme and provide the prescribed information about it. Energy Performance Certificate (EPC) Since 2020, all privately rented property must be Band E or above, unless a valid exemption applies. Electrical inspections records An electrical inspection must be carried out at least once every 5 years Evidence that smoke and carbon monoxide alarms are functional After moving in, the tenant is responsible for testing they are working throughout the tenancy.

Is there a how to rent guide for Wales?

The closest equivalent to a how to rent guide for Wales is their Rent Smart Wales guide for tenants. Landlords can find guidance from Rent Smart Wales.

How To Rent Guide for Buy To Let Landlords

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How To Rent Guide

by:

Caragh Bailey

Last Updated: 16/02/2023

Read by:

68

4 min read

Key Takeaways

Buy to let landlords in England must give new tenants a prescribed How to Rent Guide.
Failure to present this document to new tenants, either in hard copy or in electronic format, can automatically invalidate any subsequent Section 21 Notice action to evict those tenants.
There are several other documents which a landlord must provide by law.

The legal requirement for landlords to ensure tenants receive the document is explained in Section 3 under The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015.

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What’s in ‘How to Rent’?

The Prescribed Information Section 21 guide sets out basic information about the legal rights and responsibilities tenants have in assured shorthold tenancy, which is the most common type of tenancy in England. There is also plenty of information related to renting in general, such as advice on how to select the right property for a tenant’s needs.

What information specific to landlords does the guide cover?

1

The need for landlords to provide a copy of the guide (which obviously would not be read if a tenant should not receive it)

2

The landlord's obligation to confirm a tenant’s immigration status, identity, credit history and possibly employment status because of Right to Rent checks. If these are faulty or not forthcoming, they cannot legally allow a tenant to rent the property.

3

It explains the existence of landlord accreditation schemes and that details of these are available from the local authority.

4

It explains that landlords must ensure an accredited scheme protects any tenant deposit funds and pass on any related paperwork about the particular scheme they’re using to tenants. Read more in our advice on letting article including information about the potential fines for non-compliance; up to 3 times the deposit sum.

5

That landlords must provide smoke alarms and carbon monoxide detectors if there are any solid fuel appliances and must also provide a gas safety certificate - each year - and an Energy Performance Certificate (except for houses of multiple occupation (HMOs), see below).

6

That landlords must have an appropriate licence if letting a large HMO i.e. more than 2 floors and more than 4 people.

7

That landlords can only evict if they give the legally required amount of notice and a court order and that a landlord cannot evict a tenant for 6 months if a serious complaint has been checked by the local authority and must repair any relevant fault.

8

Material related to the landlord’s basic requirements: to maintain the structure, exterior of a property and appliances; carry out repairs; give 24 hours’ notice of a visit etc.

How can you get a copy of the How to Rent guide?

Click on the graphic to the left to download the guide as a PDF.

Can you get a hard copy?

‘How to Rent’ is only available online; any landlord who wants to pass this guide on in hard copy must print it out themselves. You could get the tenant to sign and date a physical copy to show receipt. Alternatively you could get them to send an email to you confirming receipt of the document sent via email.

What do you do if you have an existing client that you want to evict?

Industry experts have recommended that you ensure the client receives the guide before you start proceedings via a Section 21 Eviction Notice to be ‘on the safe side’.

Do you have to provide a new guide to tenants each time an updated version of the prescribed information is published?

No. You have fulfilled your legal requirements when you’ve provided the guide once.

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Frequently Asked Questions

2022

Law

Wales

Written by: Caragh Bailey

Caragh Bailey is a Lead Property Content Specialist at SAM Conveyancing, having joined the firm in 2020. With a portfolio of over 150 technical conveyancing, house survey and mortgage guides, she has become a primary authority on the end-to-end sale and purchase process.

Caragh specialises in complex legal workflows, including Help to Buy redemptions, equity transfers, shared ownership structures, trust deeds for tax planning, and joint ownership disputes. Her expertise extends to leasehold reform and RICS home surveys, where she provides clear, factual guidance on independent legal advice for specialist mortgage products and intricate ownership structures.

Reviewed by: Andrew Boast

Andrew Boast FMAAT is a qualified accountant, conveyancing specialist and author with over 25 years of experience in the UK property sector. Since beginning his career in 2000 within established SRA and CLC-regulated conveyancing solicitor firms, Andrew has overseen the legal journeys of more than 75,000 clients.

He is the author of the property guide 'How to Buy a House Without Killing Anyone' and a frequent contributor to mainstream UK media on legislative updates, property law, first-time buyer guides, conveyancing best practices, and stamp duty changes. Andrew specialises in resolving complex title issues, property conflict disputes, and property tax options, streamlining the enquiry process to reduce transaction times and maintaining a client-friendly focus.

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