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Private tenants - advice and support

As a tenant you have rights that are protected by law. Despite this, it can be difficult to sort out problems with your home, but there is plenty of advice and support available to help you.

LACORS have produced a simple guide to help tenants avoid some of the pitfalls of renting from a private landlord in England or Wales. Click here to download the leaflet. Opens in a new window

Private landlords

Private landlords will normally rent their property at the market rate and their right to increase the rent depends on the type of tenancy. Make sure you get a tenancy agreement and read it carefully before committing to it.

A private landlord will normally ask for a deposit. You should make sure that the condition of the property and any items of furniture are recorded in an inventory and the tenancy agreement states:

• how much the deposit is and who holds it
• when money can be deducted from the deposit (for unpaid rent or damage to property)
• when you will get the deposit back

Deposits

When you move into your home it is likely you will have to provide the landlord or letting agency with a deposit. This should be requested to cover any unpaid rent or damage to the property. Sometimes, when a tenant decides to move on, there may be disputes concerning the returnable amount.

Ensure that you agree with the terms and conditions of the tenancy before you hand any money over.

Tenancy deposit protection
To help end the problem of a tenant's deposit being unfairly withheld by landlords and agents, Tenancy Deposit Protection Schemes have been introduced. All deposits taken for an assured shorthold tenancy must be protected by a government authorised scheme.

Types of tenancy agreement

There are different types of tenancy agreement. Some provide the tenant with more rights than others, and most people have one of three types:

Assured Shorthold Tenancy (AST)
The AST is one of the most common in the private rented sector. If your tenancy began, or was agreed, on or after 28 February 1997, it is likely to be an Assured Shorthold Tenancy. Tenancies starting, or agreed, before that date but after 15 January 1989, are more likely to be Assured Tenancies.

However, it is important to know that if you are not an Assured or an Assured Shorthold Tenant as your rights may be different.

• if you live with your landlord as a lodger and share living accommodation, this maybe known as a Non-Excluded Tenancy or Licence
• if your landlord has divided a property into flats and the tenant occupies a different flat from the landlord, this may be known as an Excluded Tenancy or Licence
• if you rent a property where the combined rent is over £25,000 per year, this is known a as a Bare Contractual Tenancy

Bare Contractual Tenancies tend to occur in large households where many people will occupy a property, for example a student household. It only takes 5 people paying £100 a week each in rent for the annual rent to be above £25,000 a year.

You should check to see how your circumstances will define your tenancy agreement.

Assured tenancy
This type of tenancy agreement is usually issued by a housing trust or housing association. They offer some security in that as long as you do not break the terms of the tenancy agreement you may continue to live in the property.

Regulated (or 'protected' tenancy)
If you moved into the property before 15th January 1989, you may have a Regulated or Protected Tenancy. This type of tenancy offers the most protection against rent increases or eviction.

Tenants who have a fixed term of three years or more, are legally entitled to a written tenancy agreement. However, where there is no written tenancy agreement, a tenant with a shorthold tenancy, starting on or after 28 February 1997, has a right to ask for a written statement of any of the following main terms of the tenancy.

• the date the tenancy began
• the amount of rent payable and the dates on which it is due
• any rent review arrangements
• the length of any fixed term

Coping with debt and rent arrears

If you are having problems paying your rent or other bills then don't ignore the problem, the council can offer advice and assistance with regards to preventing you from losing your home. Please contact the housing department for advice.

Help with your rent
If you have a low income you may be able to get Housing Benefit to help pay your rent. Your savings as well as your income will be used to work out whether you can get benefit and if so how much. Even if you already receive Housing Benefit, if it doesn't cover your rent you may be able to get some extra money - called 'discretionary housing payment'. Contact the Housing Benefit department for more information.

You should also consider seeking advice from a debt advice agency, which should be able to advise you on how to maximise your benefits and about any additional benefits you may be able to claim. They may also be able to assist you with filling out the forms and ensuring that any claims are not held up by incomplete paperwork.

For more information about dealing with rent arrears take a look at Shelters Rent Arrears Advice Guide Opens in a new window or speak to a housing officer.

Problems with your landlord

The vast majority of landlords are responsible and fair. In the unlikely event you experience trouble with your landlord, the council has some legal powers it can use to help.
Harassment and illegal eviction, as defined in The Protection from Eviction Act 1977, are criminal offences.

Housing officers from the council can offer advice and assistance and can investigate complaints and mediate between the both sides.

If you or your landlord wish to terminate a tenancy and you require advice, or you have nowhere to go please contact the council for advice and assistance.

If your landlord is trying to evict you without having obtained a Court Order, or they have failed, despite reasonable request/s to carry out necessary repairs, you can contact the council's housing department for advice.

The law protects people living in residential property against harassment. It does this in two ways:

• by making harassment and illegal eviction a criminal offence, and
• by enabling someone who is harassed or illegally evicted to claim damages through the civil court. However, where there is actual physical assault, the tenant should call the police.

If your utility services have been cut off

If your gas, water or electricity supplies have been or are likely to be cut off because of your landlord, the council can help. Under the Local Government (Miscellaneous Provisions) Act 1976 the council can arrange to restore utility services for its residents.

These powers will only be used as a last resort for emergency cases and then only when young children or elderly people are affected.

In every case the council will work closely with the suppliers and wherever possible try to get the suppliers' support and assistance.

Problem neighbours

If you are experiencing problems with your neighbours, visit theDirectgov section Opens in a new window on neighbourhood disputes. If you are a Housing Association tenant you should speak to your housing officer.

Problems with repairs or poor housing conditions

You can find out more information by reading The Communities and Local Government Repairs Leaflet Opens in a new window or take a look at the Directgov article Opens in a new window about housing repair, and landlord and tenant responsibilities.

Housing Disrepair
The Council will investigate complaints of housing disrepair made by the public, and has powers to require landlords to take action to rectify hazards in their property.

We expect tenants to have contacted their landlords about disrepair issues before making a complaint to the Council. However if having contacted your landlord the repairs remain outstanding or, if you are concerned about the lack of amenities or poor design, then you should contact the Housing Delivery and Improvement Team and ask for an inspection to be undertaken. An Environmental Health Officer will then inspect the property provided you have given the landlord prior notification of the issues and a reasonable time to address them.

The Housing Delivery and Improvement Team can be contacted on Tel - 01748 828754 or by email at housingstandards@richmondshire.gov.uk

If you rent from a private landlord or housing association we can help with problems such as:

• poor housing conditions e.g. excess cold
• overcrowding
• gas and electrical safety
• lack of kitchen and bathroom facilities
• lack of fire safety

We can require the person having control of the dwelling to carry out appropriate repairs and improvements. For further information on the type of issues we can address and the standard expected download the Ideal Property Leaflet. Opens in a new window

The Housing Act 2004 introduced a new way for local authorities to assess the condition of homes in England and Wales. It is a risk based approach to assess up to 29 hazards which may be encountered. This system is called the Housing Health & Safety Rating System (HHSRS).

This system was introduced to address some of the issues of health and safety in homes, which were not previously covered by the fitness standard from 1919. Therefore, there is no longer a pass or fail outcome, but a comprehensive assessment of hazards and their risks to the occupiers, reinforced by statistical data and evidence. For further details visit the HHSRS web page.

Dampness and mould growth

The most common complaint recieved is about dampness and mould growth, and often this is due to excessive build up of condensation. Whilst there may be deficiencies such as inadequate heating, ventilation or thermal insulation that can lead to excessive condensation occurring, there are also a number of steps that occupants can take to reduce the problem. The Council has produced a leaflet with advice on the steps that can be taken to control condensation and mould growth - click here to download the Controlling condensation and mould growth leaflet. Opens in a new window

We aim to improve standards of safety and repair in privately rented property and in houses in multiple occupation (HMOs). For more information about HMOs, either as a tenant or a landlord please go to the HMO | Web pages.

Relationship breakdown and domestic violence

If you need to move because of problems at home first contact the housing department or contact a solicitor to discuss your rights. If you are a tenant of a housing association then talk to your housing officer about finding a solution. You can also talk through your situation with trained advisers from advice organisations such as English National Domestic Violence helpline 0808 2000 247.The Men's Advice Line is available on freephone number 0808 801 0327 (free from landlines & most mobile phones)