Renting a property creates a legal relationship between tenant and landlord with rights and responsibilities on both sides. Whether you are a tenant or a landlord, it is important to know your legal responsibilities and where you can go for advice. This guide encourages tenants and landlords to work together to create a positive, well-managed tenancy and tells private tenants what is involved in renting and how to avoid the most common problems as well as identifying sources of assistance.
Once you have decided to rent, and have begun to search for accommodation, you will discover there are several types of tenancy agreement.
Most common in the private sector are short assured tenancies, also know as assured short hold tenancies. Tenants have security of tenure for the fixed term of the agreement, not less than six months. The landlord must supply a notice called AT5 in advance of an agreement being signed.
If you rent from a resident landlord you will have more limited rights than in other tenancies.
The landlord should provide an agreement lease setting out the conditions of occupancy.
If you are moving into shared accommodation with three or more individuals not in the same family, it is important to ask the landlord if he/she is licensed as to provide a House in Multiple Occupation.
If you are in any doubt about the type of tenure or the responsibilities of either landlord or tenant, discuss it with the landlord or examine the tenancy agreement. Do this before you rent, not later on!
The tenancy agreement must be a written document and should be agreed between tenant and landlord before the tenant moves in. Be sure you understand it before you sgn. Are you required to pay a deposit? How long is the tenancy for? How is the rent paid? Who is responsible for decoration and repairs? Has the landlord provided an inventory of equipment and furniture as a record in case of damage? Keep the inventory until you have left the property.
Rent amounts and frequency of payment are covered in the tenanacy agreement. Rent can be increased if the agreement allows for a rent review or the landlord serves a notice of increase. There can only be one increase per year. Tenants may get help with rent through Housing Benefit dependent on their personal circumstances and income. A Pre-tenancy Determination can provide an idea of how much assistance you might individually expect toward rent when Housing Benefit is worked out.
The landlord is reponsible for keeping the property wind and watertight and fit to live in. The landlord must keep the structure and outside of the property in good repair, as well as pipes and electrical wiring, basins, baths, toilets, and installations for water and space heating. The tenant is responsible for repairing fittings, fixtures or furniture damaged in use, but not for general wear and tear on the property. Repair responsabilities should be recorded in the tenancy agreement
Landlords must make sure the accommodation is safe, including checking gas safety at least once a year and providing a copy of the certificate issued by a CORGI registered installer. Look around the property before renting. Staining around gas fires or water heaters may indicate a dangerous problem. The landlord should also provide instructions or warning on safe use of electrical appliances. Look for danger signs in unprotected cables, taped or loose wiring, charring around power sockets, or multiple adapters running off sockets. Furniture must meet flammability requirements and labels must show it is fire resistant. Does the property have smoke alarms, a fire extinguisher, or a means of escape in case of fire? Security locks are a good idea on ground floor windows and all doors. Be sure there is enough security lighting around the entrance to the property.
The cost of gas or electricity may be included in the rent or the tenant may be billed directly. Alternatively the landlord may get the bill and pass on the request for money, or there may be a slot meter in the property. Check the tenancy agreement. Also check the meter reading before you move in, and if it is to be in your name check it with the fuel supplier so you are not charged for the previous tenant's bill. Telephone landline and television licence are also the responsibility of the tenant.
Responsibility for paying Council Tax varies depending on the agreement with the landlord. If you live in unshared accommodation you will normally be expected to pay the Council Tax, either as part of your rent or by arranging to pay it yourself. People who live alone are entitled to a 25% discount and students are exempt. Council Tax Benefit is available to people in receipt of certain benefits or with limited earnings. The council provides information on request.
Lastly, don't forget insurance. The landlord insures the property, but you must insure your own possessions.