The ‘How to Rent’ guide is a government publication which needs to be served by landlords and agents to their tenants:
Until this is done, no valid section 21 notice can be served.
The regulations (which are found in s3 of The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015) tell us that a ‘replacement tenancy’ has the same meaning as in section 21(7) of the Housing Act 1988.
For the purposes of this section, a replacement tenancy is a tenancy—
(a) which comes into being on the coming to an end of an assured shorthold tenancy, and
(b) under which, on its coming into being—
(i) the landlord and tenant are the same as under the earlier tenancy as at its coming to an end, and
(ii) the premises let are the same or substantially the same as those let under the earlier tenancy as at that time.
So basically after a fixed term tenancy ends, your options are as follows:
Hopefully, that’s clear!
If you are not sure, best to re-serve it anyway.
Remember that you need to serve a ‘hard copy’ on tenants unless they have agreed to have it served on them electronically when you need to send it as an email attachment. Just sending an email with a link to the web page will not count.