Straightforward Guide To Housing Rights Revised Ed. 2018 , livre ebook

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117 pages

English

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A Straightforward Guide to Housing Rights-Revised edition brings the law up to date to 2018 as it applies to all aspects of housing in the United Kingdom. The book covers the many diverse areas of housing, and associated rights and obligations in the different sectors, and now also covers Scotland and Northern Ireland in greater depth. Overall, this comprehensive book will prove invaluable as a reference guide to all who read it and is suitable for both the professional working directly or indirectly in housing as well as the layperson who wishes to know more about this complex area.

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Employabilité, métiers et formations

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Publié par	Straightforward Publishing
Date de parution	24 mai 2018
Nombre de lectures	0
EAN13	9781847168719
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.

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A STRAIGHTFORWARD GUIDE TO HOUSING RIGHTS
Roger Sproston
Straightforward Guides www.straightforwardco.co.uk
Revised edition Roger Sproston 2018
All rights reserved. No part of this book may be reproduced in a retrieval system or transmitted by any means, electrical or mechanical, photocopying or otherwise, without the prior permission of the copyright holder.
British Library Cataloguing in Publication data. A Catalogue record of this book is available from the British Library.
ISBN 978-1-84716-801-6 978-1-84716-871-9 (ePub) 978-1-84716-876-4 (Kindle)
Printed by 4 Edge www.4edge.co.uk
Whilst every effort has been made to ensure that the information contained within this book is correct at the time of going to press, the author and publisher cannot accept responsibility for any errors or omissions contained in this book.
Contents
Introduction
Chapter 1. Housing in Context
Chapter 2. Landlord and Tenant Law Generally
Chapter 3. Private Tenants Finding a Property
Chapter 4. Assured Tenants
Chapter 5. Joint Tenancies
Chapter 6. Understanding Rent and Other Charges
Chapter 7. The Right to Quiet Enjoyment of A Home
Chapter 8. Landlord and tenants Repairing Obligations
Chapter 9. Taking Back Possession of a Property
Chapter 10. Private Tenancies in Scotland
Chapter 11. Public Sector Tenancies
Chapter 12. The law and Owner Occupiers
Chapter 13. Obligations of freeholder and Leaseholder
Chapter 14. Service Charges and the Law
Chapter 15. Buying a Freehold and extending a Lease
Chapter 16. Relationship Breakdown and Housing Rights
Chapter 17. The Law and Mobile Homes
Chapter 18. Residential Houseboats-General Advice
Chapter 19 Agricultural tenancies
Index
INTRODUCTION
This revised edition of A Guide to Housing Rights, updated to 2018, is a comprehensive overview of housing and the rights of occupiers across three main tenures, Private sector tenants, Public sector tenants and Owner occupiers. There is also a general section covering park homes, houseboats and agricultural tenants. Private sector tenancies in Scotland. However, if the reader requires more in-depth information concerning owner occupation in Scotland:
Go to scotland.shelter.org.uk :
For Northern Ireland, advice about private tenants rights and owner occupation can be obtained from www.housingadviceni.org .
Housing is very complex and affects all people at some point in their lives. Housing law is ever changing and knowledge of it is usually outside the scope of the layperson. There is the problem now of housing, whether owner occupied or rented, being unaffordable, particularly in the South East. The whole free-for-all in the so called Housing Market has now come to a sticky end. Correspondingly, there is the increasing problem of homelessness and what to do at this traumatic time. How do local authorities work and what are their obligations towards the individual? What is the role of housing associations and housing co-operatives and how can one gain access to this type of property, particularly now with the government intent on reducing the availability of social housing?
In addition, what happens if a person is subject to domestic violence and flees home? What are the obligations of local authorities and housing associations at this time? What happens if a relationship breaks down, what are the rights and obligations of the respective parties at a time like this?
A Guide to Housing Rights covers the main areas in relation to housing. However, rather than setting out the law in a very dry way, the book takes the approach of a general advice guide, and hopes to be of assistance to individuals as well as those who study housing law.
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Chapter 1
HOUSING IN CONTEXT
Whether to rent or buy
Residential property in the United Kingdom is divided into three broad sectors, owner occupation, private renting and the public sector. The latter is becoming very scarce indeed and the government and the public sector are working together, at long last, to address the shortage.
Currently, buying a home in many areas is still only an option for those who can afford the prices, find a deposit and get a mortgage. We are in a market where the majority of first time buyers are still excluded from buying a home, particularly in the southern areas of the UK. The pattern changes as you move from the south-east to the Midlands and the North, with getting on to the housing ladder and finding more affordable rent still a possibility.
There are distinct advantages to buying a property, if you can. They are as follows:

When buying you will have a wider choice of property and areas, obviously depending on the price range you can afford.
You will have more control over your home than when renting.
You can only normally lose your home if you do not keep up your mortgage repayments.
In the longer term, it can be cheaper than renting and over the years you will build up equity in the property until you eventually own it.
There are disadvantages to owning, as follows:
The costs in the early years are usually higher than renting a property, particularly from a local authority or housing association, although usually lower than the private sector.
There is an initial high cost to buying a house, whereas this is not the case with rented property.
As an owner-occupier you will be responsible for all repairs and maintenance which can be expensive.
There is very limited help with your housing costs if your income drops.
Renting property
Obviously, the ideal landlord from whom to rent is a local authority or a housing association. The advantages of this are:
Costs are usually lower than the private sector and rents are regulated. However, rents are steadily climbing in the public sector. If your income drops you are usually eligible for housing benefit although there have been significant changes to benefit entitlement in the last few years. Most of the repairs and maintenance will be carried out by the landlord, from rental income.
You will only lose your home if you breach the terms of the tenancy agreement.
The public sector is non-profit making and will usually be good landlords.
There are disadvantages to renting from a local authority or housing association:

In many areas now there is a very long waiting list for properties. When and if you eventually are housed it may not be in an area of choice.
The rent will gradually increase, reaching levels higher than those who own and you will not build up any equity in your property.
Private landlords
With the advent of buy-to-let, private landlords have increased greatly over the last 25 years, and have become the dominant sector following the credit crunch of 2007. There are some advantages to renting from a private landlord. They are:
There will be a wider choice of areas and properties than in the public sector, if you have the means to rent them.
There is rarely a waiting list.
You can get help with your rent if your income drops. Most of the repairs and maintenance will be met by the landlord out of rent.
There are, as always, disadvantages to renting in the private sector:

Rents can be very high. This is the case particularly in the south east. They are now out of control.
Rent will go up over time, usually more than the public sector.
Tenants in the private sector have limited protection. In the public sector, tenancies are usually for life, subject to breach of contract. Private sector tenants are in the weakest position, with six-month tenancies being the norm. There are moves to address this problem, with a call for longer tenancies. Scotland has been active in this area and has introduced new laws (see chapter on Scottish private tenancies.
Private sector landlords are often poor landlords with scant knowledge of the law.
Different types of house and tenancy will suit different people at different times of their lives, depending on their circumstances. There are many things to consider when making a decision, these being outlined below.
Renting from a local authority
Council homes are, along with housing association property and, in some cases, housing co-operatives, the most affordable type of housing. However, they are also the most difficult to obtain, particularly as there have been moves in the past to make it more difficult for the public sector to build affordable housing.
The allocation of council housing will depend on your need and those in the most need will usually be given priority over others. This has been a bone of contention for many years, however, as need is measured in a scientific way, with points allocated according to different circumstances. Most local authorities run a bidding system which has made it more difficult for people to both obtain or swap housing.
You can find out from the council housing department about how to go about making an application for housing. If you are being actively considered for an offer of housing then the council will usually send someone to visit you. In most cases, it is necessary to reregister on the housing register each year, in order to keep an active list of those in need.
The housing register
Councils will keep a list, or register of people who apply for housing. This has been a requirement for some years now. This register is also sometimes known as a waiting list although this is misleading since length of time on the list is certainly not the only factor taken into account when it comes to being rehoused. In the main, councils now operate a list where people bid for housing in an area.
A council can decide that a person is not eligible for housing if they have been guilty of behaviour that would entitle them to evict that person as a council tenant.
People arriving from abroad
Some people from abroad are not allowed to register on the housing list. This includes people who are subject to immigration control, people who are allowed to stay subject