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Straightforward Publishing - Roger Sproston

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99 pages

English

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Description

This is the latest publication in the Strightforward Guides Series, A Guide to The Rights of the Private Tenant, is a concise guide to the rights of tenants in private rented residential property. Changes to the law in 2017 are covered, including to the law as it affects accommodation agencies and changes to the benefit system. This book will enable anyone to understand the complex area of law that governs the area of residential housing and to understand the relationship between landlord and tenant.

Sujets

Inglaterra

Property law

Law

Wales

England

Informations

Publié par	Straightforward Publishing
Date de parution	25 juin 2017
Nombre de lectures	0
EAN13	9781847167644
Langue	English

Informations légales : prix de location à la page 0,0300€. Cette information est donnée uniquement à titre indicatif conformément à la législation en vigueur.

Extrait

A STRAIGHTFORWARD GUIDE TO THE RIGHTS OF THE PRIVATE TENANT
ROGER SPROSTON

STRAIGHTFORWARD PUBLISHING WWW.STRAIGHTFORWARDCO.CO.UK
Straightforward Publishing
Straightforward Publishing 2017
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 978-1-84716-714-9 ISBN 978-1-84716-764-4 (eBook) ISBN 978-1-84716-763-7 (Kindle)
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.
CONTENTS
Introduction
1. Finding a property
Checking landlords
Letting agents
Right to rent immigration checks
Redress schemes
Online agents
Advertisements
Company lets
Short lets
Letting through Airbnb
Student lets
The DSS and Housing benefit
Holiday lets
Bedsits
Viewing a property
Deposits
Rental guarantees
2. The law in a nutshell
Explaining the law
The freehold and the lease
Freehold
Leasehold
The position of the tenant
The tenancy agreement
The contract
Date of commencement and rent payable
Services provided under the tenancy
Tenants obligations
Landlords obligations
Ending a tenancy
Provision of a rent book
Overcrowding
Different types of tenancy agreement
The assured shorthold tenancy
Other types of agreement
3. More about Assured tenants
The assured tenant
Tenancies that are not assured
The assured shorthold tenancy
Security of tenure
The mandatory grounds for possession
The discretionary grounds for possession
4. Joint tenancies
5. Rent and other charges
Payment of rent
The assured tenant
Local Housing Allowance
Council Tax Support
6. The right to quiet enjoyment of a home
Eviction and unlawful harassment
The injunction
Damages
7. Repairs and improvements
Landlord and tenant obligations
Example of repairing responsibilities
Reporting repairs to a landlord
The tenant s rights whilst repairs are carried out
Can the landlord increase the rent after doing repairs?
Tenants rights to make improvements
Disabled tenants
Shared housing
Safety generally
Housing grants
Sanitation health and hygiene
8. What should be provided under the tenancy
Furniture
Insurance
At the end of the tenancy
9. Regaining possession of a property
No Fault possession
Possession for breach of tenancy
10. Public sector tenancies
Renting from a social housing landlord
Rights of secure tenants
Rights of assured tenants
Starter tenancies
Rents
Repairs and improvements
Right to stay in accommodation
Introductory tenants
Flexible tenancies
11. Private tenancies in Scotland
Short and Assured tenancies
Common law tenancies
Regulated tenancies
Agricultural tenancies
Crofting tenancies
What must be included in a tenancy agreement
Changes to tenancy agreements
Preventing discrimination
Ending a tenancy
Short assured tenancy
Other tenancy types
Ending a tenancy early
If tenants don t leave
If tenants want to leave
Ending a tenancy early
Houses in multiple occupation (HMOs)
Safeguarding Tenancy Deposits
Landlord s legal duties
12. Relationship breakdown and housing rights
Housing rights in an emergency
Approaching the council
Obtaining a court order
Long-term rights to a home
If you are not married/in a Civil partnership
Tenants
Homeowners
13. Housing Advice
General advice
Housing advice centers
Other specialist advice
Advice from solicitors
Free help and advice
Glossary of terms
Appendix 1 Sample notices and tenancy agreements
Index
***************
INTRODUCTION
This latest edition of A Straightforward Guide to the Rights of the Private Tenant, 2017, 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 1990 s. In 2017-2018 there are 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, although the banks and government are making it that much harder through economic sanctions. 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, although that is not a given. 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.
The various notices used when going to court, and other forms associated with landlord and tenant can be obtained from the county courts. accessed and all the necessary forms required in relation to housing matters can be downloaded from:
www.gov.uk/government/organisations/hm-courts-and-tribunals-servicebe 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 2017
Ch. 1
Finding a Property

Checking landlords
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.
Letting Agents
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. (see below)
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 prescribed documentation at the outset of the tenancy, such as the Department for Communities and Local Government s publication How to rent: the checklist for renting in England (a pdf copy suffices) which may be obtained from www.gov.uk/government/publications/how-torent ).
Provide an Energy Performance Certificate (Reg 6(5), The Energy Performance of Buildings (England and Wales) Regulations 2012); and a gas safety certificate (Reg 36(6)(a), The Gas Safety (Installation and Use) Regulations 1998)
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.
Right to rent immigration checks
How landlords check you have the right to rent
Before you can rent a home in England, a landlord or letting agent must check your immigration status and that of anyone aged 18 or over who ll be living with you. They ll ask to see your passport or other official documents that prove your immigration status. They must take copies of the documents and keep the copies safe. Current or expired passports are acceptable documents for British, Irish and EU citizens.
If you are a British or Irish citizen without a passport, your birth certificate plus another accepted proof of identity should be enough. For a full list of acceptable documents, see Gov.uk: Right to rent documents check. A landlord or letting agent is allowed to charge you a fee for ri