Whence arises the idea that how to rent in England ought to be served *at the start of the tenancy*? Gov.uk's preface to the web version of the guide states that the LL or LA should give the current copy of this guide to the tenant &quot;when a new AST starts.&quot; Yet the enabling provisions seem to be to be found in statutory instrument 2015 No. 1646 The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) regulations 2015, particularly regulation 3, Requirement for landlord to provide prescribed information. 3(1) says that LL &quot;must give the tenant under that tenancy the information mentioned in&quot; (2). 3(2) specifies that the information is how to rent in England. 3(3) specifies when it may be in what format. 3(4) clarifies the lack of requirement to re-serve updated versions published subsequent to original service during a tenancy. 3(5) makes 2 exemptions for certain LLs and where the presently current version upon the first day of a tenancy has already previously been served in respect of a previous tenancy where the LL, tenant and premises let are all the same. 3(6) references the appropriate statutory definition of a replacement tenancy. Apart from 3(5) which alludes to a definition of this idea (IE, of &quot;the start of a tenancy&quot;) albeit for another purpose-context (that is, defining a relevant point in time as a threshold for the earliest time there could have been updated versions of HTRIE published for certain other aspects of the requirement to take effect), nowhere else does this idea that the requirement is to be fulfilled &quot;at the start of the tenancy&quot; seem to appear, much less does it seem to anywhere be more clearly defined. (ie upon the signing or agreement of a written or verbal lease? On the first / &quot;move in&quot; day of the lease itself? Upon handing over the keys to the tenant? Etc). Of course, s21B(3) of HA1988 provides the restriction on usage by LL of s21(1) or s21(4) until they are no longer in breach of regulations referred to by 21B(1). While 21B(2)(b) refers vaguely and non-specifically to &quot;the time the requirement applies,&quot; this is again in the context of defining criteria for ascertaining what version of a document must be served and not per se in that of setting out when to serve it. And this is the closest that anywhere else in s21B comes to touching on the matter. So, while we have a statutory provision laying out the consequence for not serving the document in a timely way (no allowance to use s21), we are left with no statutory source for the oft-repeated, yet apparently ill-defined idea that this booklet is to be served &quot;at the start of a tenancy&quot;. What is this idea's basis or origin?
The beginning of the tenancy is defined in section 45(2) of the Housing Act 1988 as: the day on which the tenancy is entered into or, if it is later, the day on which, under the terms of any lease, agreement or other document, the tenant is entitled to possession under the tenancy. (This applies to the statutory instrument because it is made under section 21B of the 1988 Act, and definitions carry over from primary to secondary legislation in this way.) The definition probably matches what people would expect. Section 21B, and the 2015 Regulations, just say that the landlord has to give this information to their tenant. But it follows that if the tenancy has begun, then the landlord's obligation also begins. It binds from day 1. Therefore, the government is justified in saying in the booklet: The landlord, or the letting agent, should give the current version of this guide to the tenant when a new assured shorthold tenancy starts. Because of all the other paperwork involved, it's most common for the booklet to be given as part of the bundle of documents when the tenancy agreement is signed - so, along with the inventory and so on. This is typically not too distant in time from when the tenant is entitled to actually move in, and landlords will often only sign on the day itself even if the tenant has completed their part of the formalities earlier. Perhaps your doubt is about whether it is &quot;OK&quot; for the landlord to provide the booklet before the actual start date of the tenancy, as opposed to waiting until the tenancy is in effect. In the same way, we could imagine a prospective tenant wanting to see the energy performance certificate well before agreeing to sign anything. Does the landlord have to give them another copy on day 1 of the tenancy, even though it's the same as the copy they already have? In fact, there are specific different rules for those other items of information. The most recent gas safety certificate must normally be given &quot;to any new tenant of premises ... before that tenant occupies those premises&quot; (SI 1998/2451 reg.36(6)(b)) The EPC must be given to any prospective tenant at the earliest opportunity, and in any event must have been given to &quot;the person who ultimately becomes the buyer or tenant&quot; (SI 2012/3118 reg.6, and compare the definition of &quot;prospective tenant&quot; in regulation 3). The EICR must similarly be given to new and prospective tenants before they occupy the premises (SI 2022/312 reg.3(e)). So these are meant to be given before the tenancy begins. They are part of what the prospective tenant should know before deciding whether to sign the agreement. The government's model tenancy agreement has checklists for landlord and tenant in relation to these documents, plus the &quot;How to rent&quot; booklet. That is consistent with the idea that the tenant is meant to have this information on the day that the tenancy is to begin, whether that's because they're just being given it now, or because they've already seen it. Armed with all the knowledge, they can now proceed to signing the agreement. Indeed, the content of the &quot;How to rent&quot; booklet makes it less useful if it's provided after the agreement has started. A lot of the material is about searching for a property, making sure that you are prepared to sign, and avoiding bad behaviour by potential landlords. Even though it would meet the letter of the law to only get this information after signing (but still on the day), it also meets letter and spirit to get it on the day, before signing. Or if you had it even earlier, it would be a bold argument to say that the landlord hadn't given you the information just because they emailed it to you a week before the tenancy actually began - especially if you have checked the appropriate little box on the tenancy agreement to say you received it. Nonetheless, because the only practical consequence for landlords is their ability to serve a s.21 notice, it's also common for them to play it safe and send another copy of the booklet before sending the notice itself. They will also often send updated copies as they arise, even though the regulation doesn't require it; some insurers ask for this just to really cement the chance of making a proper s.21 notice. I'm not aware of judicial precedent on early delivery of the booklet, but we can get some guidance from a recent Court of Appeal decision on s.21A, Trecarrell House v Rouncefield [2020] EWCA Civ 760. This case examined the nature of breaches and remedies that prevent serving an eviction notice. The conclusion was that if the tenant received a gas safety certificate &quot;before or with&quot; the s.21 notice, then the landlord has fulfilled their obligation - they are not irreparably in breach just becuse they did not give that information at the beginning. What matters for the Housing Act is that the tenant received it by the time that it was needed for the s.21 process. Likewise, it would seem that if the tenant had the &quot;How to rent&quot; booklet from the landlord before the beginning of their tenancy, then the landlord is not in breach - because the tenant has the information the whole time even though the act of giving the booklet predated the tenancy itself.
The onus lies on the landlord The landlord is the one asserting a right (to evict), therefore, they bear the onus of proving that they have that right. The court will look at the evidence both parties have that the notice was served. For the tenant this is likely to be brief testimony that they never received it. For the landlord, they will testify as to how it was served (personal service, mail etc.) and provide evidence that supports that testimony (photos of them handing it to the tenant, receipts for mail etc.). Please note that only some types of service are valid and laws around service are highly technical. The court will give weight to the evidence (decide what they believe and what they don’t, who they find reliable and who they don’t). The onus in a civil case is “the balance of probabilities” which means if they find the landlord’s version more likely then the notice was served. If they find the tenant’s more likely or both equally likely, it wasn’t.
All that matters is whether the tenancy falls within the statutory definition contained in the Housing Act 1988. Assured shorthold tenancies are subsets of assured tenancies, so first we need to look at the latter. 1. Is the tenancy an assured tenancy? Section 1(1)(a): tenant(s) must be individual(s). Section 1(1)(b): at least one of the tenants must occupy the dwelling-house as their only or principal home. Section 1(1)(c): the tenancy must not be excluded by in Section 1(2) or 1(6). Section 1(2) in turn refers to Part 1 of Schedule 1 which contains a list of exceptions. They are quite detailed but, briefly, the following are excluded: tenancies with high rateable values, tenancies at very low rents, business tenancies, licenced premises, agricultural tenancies, student accommodation provided by universities etc., holiday lets, tenancies with resident landlords, crown tenancies, some local authority lets. 2. Is the assured tenancy an assured shorthold tenancy? Section 19A: the tenancy must either have come into existence after Section 96 of the Housing Act 1996 came into force (the vast majority of cases) or it falls under Section 20. Section 19A: the tenancy does not fall within one of the exceptions in Schedule 2A. Turning to your scenarios: Tim rents an entire flat or alternatively a single bedroom through Airbnb for a week. (The landlord doesn't live in the same house.) Is he an AST? Not an AST; excluded by Schedule 1 as a holiday let. Suppose he rents it for a month, or two months. At what point does he become an AST with corresponding PFE? As long as it is a holiday let, it will not be an AST. It would only be an AST if it were Tim's only or principal home (and all the other criteria apply). There is no magical &quot;point&quot; at which it changes from one to the other; it's down to the reality of the facts. Larry goes to Berlin for a week-long holiday and sublets his HMO room on spare room.com to Theodore for the week. Upon returning Theodore declines to leave. This depends on the specifics of how it was let to Theodore. It sounds like a holiday let on the face of it though. Now what if Larry instead goes away for one month or three months and sublets his room (or flat if it makes a difference) for those periods. Again at what stage does it become AST? As above, it becomes an AST when all the criteria for an AST are met per the statutory definition. Further, let us suppose that for Larry's fortnight holiday he collects a £300 deposit. Must this be accordingly protected given how casual the tenancy is? Section 213(1) of the Housing Act 2004 only requires a deposit to be protected if the tenancy is a shorthold.
According to Consumer Rights 2015, is there a deadline from when the issue is raised to the trader to then taking action to fix it, or is it based on what deadline I set on my letter? The &quot;deadline&quot; is one that is reasonable in the circumstances. See s.23 of the Act: [...] (2) If the consumer requires the trader to repair or replace the goods, the trader must— (a) do so within a reasonable time and without significant inconvenience to the consumer, and (b) bear any necessary costs incurred in doing so (including in particular the cost of any labour, materials or postage). [...] (5) Any question as to what is a reasonable time or significant inconvenience is to be determined taking account of— (a) the nature of the goods, and (b) the purpose for which the goods were acquired. [...] If I do send a letter, for instance, notifies him for court, to which address should I send it to? His official one in gov.uk, where he claims he didn't notice or his yard? The Civil Procedure Rules Pre-Action Protocols do not dictate where such a letter (referred to a letter before claim and described here and here) must be served but the usual requirement is to an address at which the potential defendant resides or carries on business within the UK. See Rule 6.8(a) for example.
I don't wish to gainsay or contradict a &quot;professional adviser&quot;, especially as I have no idea on what information they based their suggestion. All I can do is direct the OP to the relevant extracts from the section headed &quot;II ACCELERATED POSSESSION CLAIMS OF PROPERTY LET ON AN ASSURED SHORTHOLD TENANCY&quot; in the Civil Procedure Rules, especially my emboldened text at the end of Rule 55.15. Rule 55.14 (1) A defendant who wishes to – (a) oppose the claim; or (b) seek a postponement of possession in accordance with rule 55.18, must file his defence within 14 days after service of the claim form. (2) The defence should be in the form set out in Practice Direction 55A. Rule 55.15 (1) On receipt of the defence the court will – (a) send a copy to the claimant; and (b) refer the claim and defence to a judge. (2) Where the period set out in rule 55.14 has expired without the defendant filing a defence – (a) the claimant may file a written request for an order for possession; and (b) the court will refer that request to a judge. (3) Where the defence is received after the period set out in rule 55.14 has expired but before a request is filed in accordance with paragraph (2), paragraph (1) will still apply. (4) Where – (a) the period set out in rule 55.14 has expired without the defendant filing a defence; and (b) the claimant has not made a request for an order for possession under paragraph (2) within 3 months after the expiry of the period set out in rule 55.14, the claim will be stayed.
That would likely be treated as a preamble. These have been held in some jurisdictions to not have any weight. For example, see Sherbrooke Community Centre v. Service Employees International Union, 2002 SKQB 101: The preamble to a contract is nothing more than an introduction to that about which the parties have actually agreed. It puts the agreement into context. It describes the goals of the agreement. It speaks to what went before and the spirit in which agreement was achieved. On the other hand, it does not contain any promises. It does not contain any restrictions or commitments. It could be removed entirely without in any way altering that which was agreed to and set out in specific terms. [...] this clause in the preamble does not create or eliminate rights or obligations Granted, the introductory phrase in your hypothetical clause is not literally a preamble, but it has the same characteristics cited in the above decision: &quot;it describes the goals&quot;, &quot;it does not contain any promises&quot;, &quot;it could be removed entirely without in any way altering that which was agreed to&quot;. If you wanted the clause to only take effect if toilets overflowed, use an alternative wording, like: Company B may not resell any products purchased from Company A at a discounted price in a manner that causes toilets to overflow.
england-and-wales northern-ireland General rule It doesn't make any difference. Section 7 of the Interpretation Act 1978 provides: Where an Act authorises or requires any document to be served by post (whether the expression “serve” or the expression “give” or “send” or any other expression is used) then, unless the contrary intention appears, the service is deemed to be effected by properly addressing, pre-paying and posting a letter containing the document and, unless the contrary is proved, to have been effected at the time at which the letter would be delivered in the ordinary course of post. Provided you meet the following elements: Properly addressing Properly pre-paying Properly posting, then you can take advantage of the above deemed delivery rule. It also makes no difference whether or not the recipient &quot;might or might not bother to open&quot; it. What matters is when it was delivered. The rebuttable presumption is that the notice is effective when it would have been &quot;delivered in the ordinary course of post&quot; (e.g. next day for first class, etc.). To rebut that, the burden of proof shifts to the recipient, who must prove (on balance of probabilities in a civil case) that it was delivered late or not at all. In practice that will be extremely difficult in the majority of cases. You might try to make an argument that &quot;letter containing the document&quot; implies an envelope. However, in my view, the ordinary meaning of the word letter means a piece of paper with some written words on it. A letter is still a letter even when it isn't inserted in an envelope. &quot;Contains the document&quot; suggests to me that the document is found within the words written on the piece of paper. Exceptions The phrase &quot;unless the contrary intention appears&quot; means that if a particular Act contains its own rules of service which contradict Section 7, then Section 7 will be overridden.
In general, the words "due on" take on their ordinary meaning - that is, that the performance of a contract is required on or before the date specified. If it is not specified in the contract, a court will look to what is reasonable in the circumstances. For instance, if payment is due to a company that trades 24 hours a day including the day payment was due, then payment up until midnight may be found acceptable. However, if it is not known to the person making the payment that the business has such extended hours, and especially if it is known that the business has normal hours, then payment after close of business would likely not be reasonable. To your question, and having reviewed some Canadian residential rent legislation, although none define due on specifically - and I would not expect them to do so - most have clauses which provide for termination, and they only refer to serving notice either a certain number of days after rent falls due, or the day after rent falls due. This would tend to support my assertion that rent is payable on or before the specified date, unless the contract says otherwise, in line with the above considerations. NB: While rent is usually payable in advance, this simply means that you are paying for the occupancy during that follows, or substantially follows, rather than the period that has elapsed.