Roger Sproston - The Rights of the Private Tenant

A STRAIGHTFORWARD GUIDE
TO
THE RIGHTS OF THE PRIVATE
TENANT

ROGER SPROSTON

STRAIGHTFORWARD PUBLISHING
WWW.STRAIGHTFORWARDCO.CO.UK

Straightforward Publishing

Straightforward Publishing 2015

All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holder.

ISBN 978-1-84716-523-7
eISBN 978-1-84716-596-1
Kindle ISBN 978-1-84716-597-8

Printed by 4edge Press www.4edge.co.uk

Cover design by Bookworks Islington

The information in this book was correct at the time of going to print. The author and publishers cannot be held liable for any errors or omissions within or for any changes in law since publication.

This latest edition of A Straightforward Guide to the Rights of the Private Tenant, substantially updates the previous edition by introducing more detailed information concerning the law, landlords obligations and tenants rights and obligations. It also includes a brief section on leaseholders.

More and more people, in the next few years, due to factors such as inability to access finance to purchase a house, due to high costs of housing, changes in the housing benefit system and homelessness legislation will become reliant on the private sector. The private sector is rapidly expanding, because of a combination of these factors and rents are on the increase, in particular in London and the South East. In their recent report, Generation Rent, A Society Divided the Halifax states that the private rented sector is now at its highest level since the early 1990s. In 2013-2014 there were an estimated 22 million households in England and Wales living in private accommodation. With no prospect of buying, more and more people will populate the private market over the coming years. Correspondingly, many more people have become landlords, particularly since 1988, and many more are set to become landlords and it is the case, unfortunately, that this expansion introduces a lot of inexperienced people into the field. If an agent is used in the letting of property then there is (usually) no problem. However, when the property is directly managed then issues can arise that can lead to conflict.

The aim of this book is to ensure that all are clear about the law and practice of letting and residing in, private sector tenanted property.

The book covers the finding of a property, the law, detailed information on specific tenancies, payments of rent and benefits and repairing obligations. Issues such as unlawful eviction and harassment are covered, as are public sector tenancies plus tenancies in Scotland. There is a section on the processes involved in regaining possession of a home for breach of tenancy.

Finally, although primarily this book is for the private tenant, there is a section for leaseholders of flats, who can be seen as long tenants as a lot of their rights are derived from the Landlord and Tenant Acts, and irresponsible actions by landlords, in particular in relation to service charges, can affect the well being of leaseholders, who are long tenants.

The various notices used when going to court, and other forms associated with landlord and tenant can be obtained from the county courts. The internet site, www.courtservice.org can be accessed and all the necessary forms required in relation to housing matters can be downloaded for free. The court service website also gives a lot of valuable information in relation to housing.

The main aim of this book is to inform the would-be tenant, or the landlord, about their rights and obligations and covers all areas in depth. It is to be hoped that an invaluable insight is gained and that both landlord and tenant can operate more effectively.

Roger Sproston

With so many landlords about, it is odds on that a percentage of them will be sub-standard, not up to the job of providing a good service. A new site, Rental Raters, www.rentalraters.com allows you to search and find out what rating your landlord has been given in terms of overall efficiency and honesty. Your landlord may not be on this site but it is worth checking.

When looking for a property, there are obvious advantages to using a reputable agent (emphasize reputable): they are likely to be experienced, can provide you with a tenancy agreement and they can provide a service after the property is let. It is important for a tenant to know that there will be a proper relationship between him/her and the landlord after moving in. Managing agents will provide this link.

Agents will typically look after the following:

Take up references/sign tenancy/take deposit.

Carry out the mandatory checks of passports and residency permits to identify if a potential tenant has the right to reside in the UK. These checks have to be carried out by all landlords or their agents on every new tenant age 18 or over and applied to all landlords, including those who take in lodgers and landlords and tenants who sublet property.

Transfer the utility bills and the council tax into the name of the tenant.

Pay for repairs, although an agent will only normally do this if rent is being paid directly to them and they can make appropriate deductions.

Chase rent arrears

Serve notices of intent to seek possession if the landlord instructs them to do. An agent cannot commence court proceedings except through a solicitor.

Visit the property at regular intervals and check that the tenants are not causing any damage.

Deal with neighbor complaints

Bank rental receipts if the landlord is abroad

Deal with housing benefit departments if necessary. The extent to which agents actually do all of the above really depends on the caliber of the agent. It also depends on the type of agreement the landlord has with the agent.

Beware! There are many so-called rental agencies, which have sprung up since the last property recession in the 1990s and also the advent of Buy to Let. These agents are not professional, do not know a thing about property management, are shady and should be avoided like the plague. Many of them will try to charge an upfront fee, sometimes amounting to 700 (the average is 300) for processing documents. they may also try to levy a reservation fee. A good lettings agent will charge no fee at all, as they receive fees from landlords when letting the property.

It is most important to shop around and seek a reputable agent. In a climate of shortage of good private rented stock, where there is competition, in places such as London in particular, rogue agents carry out scams such as letting non-existent properties or letting the same property twice. It is very wise to have your wits about you and ensure that you are dealing with honest, reputable agents.

An amendment to the Enterprise and Regulatory Reform Act 2013 enabled the Government to require agents to sign up to a redress scheme. The Redress Scheme for Lettings Agency Work and Property Management Work (Requirement to Belong to a Scheme etc) (England) Order 2014 made membership of a scheme a legal requirement with effect from 1 October 2014. The Government also amended the Consumer Rights Act 2015 to require letting agents to publish a full tariff of their fees. If you intend to use an agent to find a property then ensure that it is signed up to a redress scheme. One such scheme is The Property Ombudsman Scheme. references of potential tenants.