Private Sector Tenants
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- Ursula Hope Griffith
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1 Information for Private Sector Tenants This booklet explains some of the basic rights and responsibilities of landlords and letting agents.
2 Blaby District Council Management Check who is managing the property. Is it a letting agent or the landlord? Make sure you have a phone number to contact them, including one for emergencies. Tenancy Agreements Make sure you are given a tenancy agreement to sign before you move in. You must keep a copy in case there are any problems later. If you want advice on the agreement before you sign it you can contact the Council. Make sure the landlord has put a contact address (it must be in England or Wales) on the tenancy agreement where you can contact them or the letting agent. You will need the address if you want to give your landlord notice to leave the property. You cannot leave the property before the tenancy agreement runs out unless the landlord agrees. If you want to leave the property after the agreement has run out you must give at least one month s notice.
3 Information for Private Sector Tenants Repairs Check whether basic services such as heating and hot water are working before you sign the tenancy agreement and move in. One of the most common problems is damp and mould on walls and ceilings. Mould is usually caused by condensation which occurs because of how the property is built and how it is used by the occupants. Mould can be unhealthy and should be cleaned off with bleach. If the mould keeps coming back and the landlord refuses to help, you can contact the Council for advice. It is not acceptable for a property to be heated by plug-in heaters only. Check who you need to contact for general repairs. Check who you need to contact for emergency repairs. If a landlord refuses to carry out essential repairs you can contact the Council who will inspect the property. If they find that there is a risk to your health they can deal with the landlord to make sure the repairs are done. In serious cases this may mean legal action against the landlord.
4 Blaby District Council Inventory Ask your landlord to give you an inventory when you move in. This is a list of what is included in the property such as furniture, fixtures and fittings. It should also say what condition the items and the general property decoration are in. You should expect an inventory showing the condition of the property even if it is unfurnished. Ideally it should include photographs as this clearly shows the condition of the property. Both you and the landlord should sign it and you should be given a copy to keep. This means that if there is a disagreement about damage when you leave the property you will have proof of what it was like at the start. A proper inventory is necessary to help protect your deposit. An inventory should be jointly conducted by you and the landlord or agent when you leave the property to ensure you agree on the condition and any damage caused.
5 Information for Private Sector Tenants Paying Rent Make sure you can afford the rent being charged before you sign a tenancy agreement or move in. If you are on a low income or unemployed you may be eligible for housing benefit through the local housing allowance. Contact the Council for further information on Arrange how to pay rent to the landlord before signing the tenancy agreement. Setting up a direct debit or standing order direct to the landlord s bank is the safest option. Alternatively you can go to the landlord s bank and pay by cash or cheque directly into their account where you will receive a receipt. The final option is to have a rent book which you keep and the landlord must sign every time you pay rent. NEVER PAY A LANDLORD CASH DIRECTLY WITHOUT A RENT BOOK AS IT IS DIFFICULT TO PROVE YOU HAVE PAID IT AN THEY COULD LATER CLAIM THAT YOU ARE IN RENT ARREARS.
6 Blaby District Council Eviction You cannot be evicted in the first 6 months of your tenancy or 12 months if you have signed a 12 month tenancy agreement, UNLESS you have broken the agreement such as not paying rent (this would be called a section 8 notice). Please remember that tenants are responsible for paying rent on time and obeying the conditions in the tenancy agreement. If you break that agreement it is only fair that the landlord can seek to evict you. If your tenancy agreement has ended or is close to ending your landlord can give you a notice to leave but they must give you at least two months (this would be called a section 21 notice). If you refuse to leave when the notice period has run out your landlord must get a Court Order to evict you. Even with a Court Order the landlord cannot force you out of the house or change the locks without using a Court appointed bailiff. If you are threatened or harassed by your landlord to try and make you leave, contact the Council immediately who will investigate as this could be a criminal offence.
7 Information for Private Sector Tenants Deposits If the landlord takes a deposit they must pay it into one of the government approved deposit protection schemes listed below within 14 days and you will receive paperwork from the scheme operator. Check with the landlord before you pay the deposit which scheme the deposit will be paid into. If you do not receive paperwork within 3 to 4 weeks you can contact the schemes on the numbers below to find out if your deposit is protected. This paperwork will explain what to do when you leave the property. If the deposit is not protected your landlord may lose their right to evict you and they could be made to pay you a fine of three times the deposit. For more information contact the Council. Alternatively contact SHARP on (0116) Deposit Protection Scheme Operators The Deposit Protection Service (The DPS) Mydeposits The Tenancy Deposit Scheme (TDS)
8 Blaby District Council Gas Safety UNSAFE GAS APPLIANCES CAN CAUSE DEATH If there is a gas boiler or any gas appliances in the property they must be checked once a year by an engineer registered with Gas Safe (not CORGI) who will issue a Landlord s Gas Safety Certificate. Make sure you are given a copy of the Gas Safety Certificate (dated less than 12 months old) before you move in. You must be given a new certificate every 12 months. If you do not have a current gas safety certificate and your landlord refuses to give you a copy, you can contact the Council who may demand it on your behalf. Fire Safety Check that the property has smoke detectors upstairs and downstairs and that they work. If there are no detectors you should contact your landlord to ask for them to be fitted. If your landlord refuses to fit them you can contact the Council who may demand that they are put in. If you have a specific problem or require more detailed information you can contact Blaby District Council. Blaby District Council, Council Offices, Desford Road, Narborough, LE19 2EP Tel: 0116 XXXXXXX Fax: 0116 XXXXXXX
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