All PBSA providers in England who issue Assured Shorthold Tenancies (ASTs) need to ensure that when they issue new tenancy agreements then they should be supplying those tenants with the Government's 'How to Rent' Guidance. The law states that:

“The landlord, or the letting agent, is required by legislation to give the current version of the “How to rent: the checklist for renting in England” guide to a new assured shorthold tenant. There is no requirement for a landlord to provide the latest version if the document is updated during the assured shorthold tenancy. However, if the assured shorthold tenancy is being renewed and, the “How to rent” guide has been updated since a copy was previously given to the tenant, the latest version must be provided in connection with the renewed tenancy.”

The relevant regulations are contained within the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 regulation 3 of which states that:

The information may be provided to the tenant—

(a)     in hard copy; or

(b)     where the tenant has notified the landlord, or a person acting on behalf of the landlord, 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 e-mail.

This regulation does not apply in the following cases:

(a)     where the landlord is a private registered provider of social housing; or

(b)     where—

(i)     the tenancy (“the new tenancy”) is a replacement tenancy;

(ii)     the landlord, or a person acting on behalf of the landlord, provided the tenant with the document mentioned in paragraph (2) under an earlier tenancy; and

(iii)     the version of the document provided to the tenant under the earlier tenancy is the same version as the version which is in effect on the first day of the new tenancy.

(6)     In this regulation “replacement tenancy” has the same meaning as in section 21(7) of the Act.”