Countdown to Renters' Rights: New documents live

It is now just over a month until the first elements of the Renters’ Right Act come into force with the final documents you will need to be compliant now available on our website.

Following the publication of the latest Government guidance last week, we have now all the documents and guidance you will need to be compliant.

With the 1^st May commencement date fast approaching, there is no better time to check that you have all the relevant paperwork ready.

As we reported last week, the Government has now published its new information sheet, which must be given to all existing tenants to inform them of changes coming in under the Renters’ Rights Act.

This has to be downloaded from the Government website by law to be valid, with guidance on how to serve it, and a template for your tenants to sign available along with all the other documentation you will need available on our dedicated Renters’ Rights Act hub here.

What’s new this week?

The latest documents to be uploaded include:

• Finalised Assured Periodic Tenancy (APT) templates, including versions with and without bills bundled in
• A standalone written statement for landlords with oral tenancies, which will need to be served on tenants by 31st May this year.
• A notice explaining to tenants in student HMOs that the landlord can use the new Ground 4A notice from 1st May this year.

We have also added a new page including guidance on what to do when it comes to managing existing tenancies, including circumstances in which tenancies may not convert on 1st May. For example, when you have served a valid Section 21 notice prior to 1^st May.

Is there anything I can do now to get ready?

The first thing to remember is that while assured shorthold tenancies (ASTs) will be abolished and replaced by Assured Periodic Tenancies (APTs) after 1^st May, the legislation does not require you to renew or replace any existing tenancy agreements.

Those of you with existing assured or assured shorthold tenancies created before 1st May – and a full or partial written record of the tenancy's terms – must instead provide the Government information sheet to their tenants by 31st May. 

As this has already been published you can serve that now.

What if I don’t have a written agreement?

Almost all existing tenancies will be at least partly in writing, but if you have an entirely verbal tenancy, that was made before 1st May this year, then you must not serve the information sheet, but a written statement setting out certain mandatory information about the tenancy. We have a template available here.

What happens if I am taking on new tenants?

Assured Periodic Tenancies (APTs) can’t be created before 1^st May this year so if all of you sign a new agreement before then, your tenancy will be an Assured Shorthold Tenancy (AST). This means you must provide the information sheet as outlined above.

This will be case even if you try to sign them up on an Assured Periodic Tenancy, so we are recommending you use AST templates ahead of the deadline to avoid confusion.
Any tenancies entered into on or after 1^st May will be APTs and must follow the new rules coming in under the Renters’ Rights Act. This includes providing all the mandatory information in writing before the tenancy is agreed. You can use one of our five APT templates in these cases.

What about section 21?

The Renters’ Rights Act abolishes Section 21, so the so-called, ‘no fault’ eviction can no longer be used after 30^th April.

However, if the section 21 was validly served before 1^st May, and the tenant doesn't leave the property, you can still apply to the court for a possession order under Section 21 until 31st July this year.

As we reported earlier this year here are also special rules for student landlords this academic year. If the tenancy was signed before 1st May, they will also be allowed to serve two-months’ notice when asking tenants to leave under ground 4a (the student possession ground) between 1st May and 31st July this year.

However, they must provide prior written notice they can use the ground before serving the Section 8.  

This will ensure properties are available for the new cohort of students starting the new academic year this autumn and reflects calls we made of Government ahead of the Act’s passage through Parliament.  

In future years this information will normally be included in your tenancy agreements and landlords will have to give four months' notice to use Ground 4. 

Student landlords who haven't signed an agreement yet can go to our student page and get a tenancy agreements that includes all the necessary details here.

How else can you help me?

• Our comprehensive Renters’ Rights Hub is packed with information and resources to help you manage the transition – including all the new documents uploaded this week.
• Our popular series of Renters’ Rights webinars is continuing, answering all your questions about the new rules and how they will impact your business. Details of the next events are available here.
• We have also developed an exclusive Navigator tool, offering you your personalised "to-do list” tailored to your needs, which can be accessed here.
• Our award-winning training academy also runs a comprehensive Renters' Rights Act training offer. Click here to book your place.