PRIVATE RENTING SUPPORT

WHAT IS PRIVATE RENTING?

Private rented housing refers to housing that is owned by private individuals or companies and is made available for rent to tenants. This type of housing can be a suitable alternative for individuals who do not qualify for social housing or prefer not to purchase a property. One of the key benefits of renting privately is the potential to secure a home swiftly and have greater flexibility in choosing the desired location.

Private renting can be a complex and daunting process, especially for those who are new to it. It is crucial to have a thorough understanding of your rights and responsibilities as a tenant to navigate any challenges that may arise. Failure to handle rent and utility bill payments properly can have serious consequences, including the distressing possibility of eviction.

This webpage aims to provide valuable information and resources to help individuals navigate the private renting process successfully. One of the key aspects covered is finding suitable housing. It offers guidance on how to search for rental properties, what to look for in a potential home, and how to assess whether it meets your needs and budget.

Additionally, the webpage provides essential information on effectively dealing with landlord issues. It outlines the rights and responsibilities of both tenants and landlords, helping individuals understand their legal standing in various situations. It offers guidance on how to communicate effectively with landlords, address maintenance and repair issues, and resolve disputes amicably.

Furthermore, the webpage emphasises the importance of avoiding the unfortunate situation of losing your home. It provides tips on how to maintain a good relationship with your landlord, fulfil your financial obligations, and ensure that you are meeting the terms of your tenancy agreement. It also offers advice on budgeting and managing your finances to ensure that rent and utility bills are paid on time.

By Your Advice Hub providing comprehensive information and guidance, this webpage aims to empower individuals in their private renting journey. It equips them with the knowledge and resources necessary to navigate the challenges that may arise, ultimately helping them maintain a stable and secure living situation.

THE DOWNSIZE TO PRIVATELY RENTING

Obtaining an 'assured shorthold tenancy' that offers limited protection against eviction becomes more probable in certain circumstances.

However, if you rely on benefits like Universal Credit or Housing Benefit, it may be challenging to meet the entire rental cost. Additionally, it is worth noting that certain landlords may be hesitant to accept tenants who receive benefits.

To ensure a smooth renting experience and address any potential issues, speaking with our advisors beforehand is highly recommended.

Private tenancies can be granted for a specific duration or they can be a rolling tenancy without a predetermined end date. In the case of a fixed-term tenancy, your landlord may provide you with the option of renewing it once it reaches its expiration or allow you to continue on a rolling basis when finding a private rented property

When renting privately and looking for a property that suits you, there are a couple of options to consider.

Enlist the help of a reputable letting agency to aid you in locating suitable accommodations
Browse popular online platforms like OpenRent, Zoopla, OnTheMarket, Rightmove, and Spareroom to search for available rental options - If you don't have internet access, consider visiting your local library for assistance
Ask your family or friends for support in navigating online platforms or inquire if they know of any available rooms or rental properties
Keep an eye out for rental listings in local newspapers or community centres, libraries, and shops
Consider creating your own advertisement to attract potential landlords or roommates
Contact your local council housing options service for further guidance and assistance in finding suitable housing options

Letting agencies have the responsibility of managing properties on behalf of landlords, in addition to advertising them. Consequently, you may interact with and make rental payments to a letting agency instead of directly dealing with the landlord.

IT’S TIME TO VIEW YOUR PROPERTY

It is advisable to inspect any properties that pique your interest. If possible, bring along a friend or family member, or inform someone about your whereabouts. Here are a few factors to contemplate while exploring the premises:

Is the property perceived as safe and secure? What is its current condition, such as any visible signs of damage or dampness?
What is the EPC rating of the property? Its energy efficiency can have an impact on heating costs
If you are relocating to a different area, will it affect the services you receive? For instance, will you need to register with a new GP? What will happen to your care package?
Does the property meet your specific needs? For example, is it easily accessible and equipped with all the necessary facilities? Modifying a privately rented property can be challenging due to landlord permissions
Do you feel secure in the surrounding area? Would you feel comfortable going out, even during the evening?
How are the transportation links in the area? Will it be convenient to maintain your current routine, such as attending appointments, commuting to work, and visiting friends or family?
If it is shared accommodation, what are the other tenants like? Have you had a conversation with them?
What is your opinion of the landlord? Do you have a good rapport with the landlord or letting agent?
Can they provide information about their future plans for the property, such as potential sales or rent increases?

DO YOU HAVE TO PAY RENT?

Landlords and letting agents are bound by regulations that limit their ability to charge for certain services, which means you should not have to pay any fees for help in finding a property or securing a tenancy.

You may incur charges for:

Rent, which may require advance payments
A holding deposit to secure a property while necessary checks are conducted
A security deposit to safeguard against any potential damages or unpaid rent throughout the tenancy

The maximum deposit limit is set and should be refunded to you if you secure the property. The security deposit must be protected and returned at the end of your tenancy, with deductions only for necessary reasons. You can appeal unfair deductions. The landlord cannot deduct for normal wear and tear. If you need help with upfront expenses, contact your local council for support.

A verbal agreement is possible for tenancies under three years, but a written agreement is recommended for easier enforcement of legal rights. A longer fixed-term tenancy offers advantages like stability and protection from rent increases.

Some landlords may offer lower rent for longer terms, but consider the inconvenience of moving during the fixed term.

GET YOUR HOUSING SUPPORT TODAY!

Facing eviction or receiving a Section 8 or 21 notice from your landlord can be intimidating. Dealing with bedroom tax or health concerns or sofa-surfing can also be overwhelming without the right information or support.

Our skilled advisors are available for a low investment of £59 to help you quickly and easily access the necessary forms and discuss your case with your housing officer.

Let us guide you through the entire process today!

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WHAT ARE YOUR RIGHTS AS A TENANT?

As a tenant in a privately rented property, it is important to be aware of the rights and responsibilities that come with your tenancy.

Your rights as a tenant are:

Reside in a secure and well-maintained dwelling
Receive the refund of your deposit upon the termination of your tenancy - and potentially have your deposit safeguarded in certain situations
Contest exorbitant fees that are imposed
Be aware of the identity of your landlord
Enjoy uninterrupted living on the premises
Access an Energy Performance Certificate for the accommodation
Be shielded from unjust eviction and unreasonable rent charges
Obtain a written agreement if your fixed-term tenancy exceeds 3 years

A tenancy agreement must comply with the law and ensure fairness. If you don't know who your landlord is, it's best to contact the person or organisation you pay rent to. If they fail to provide you with their identity within 21 days, your landlord may face penalties.

Your landlord must provide you with the following when you begin a new assured or short-assured tenancy:

If you live in England, you have the option to acquire a copy of the How to Rent Guide
If you are a tenant in Scotland, you will be provided with a tenant information pack.

WHAT ARE YOUR RESPONSIBILITIES WHEN PRIVATELY RENTING?

You must give your landlord consent to enter the property for inspection or repairs. Your landlord is required to give you at least 24 hours notice and visit at a reasonable time unless it is an emergency that requires immediate access.

You must do the following:

It is essential to properly maintain the property, such as ensuring that the water is turned off at the mains when you are away during cold weather
It is your responsibility to fulfil the agreed rent, regardless of any necessary repairs or ongoing disputes with your landlord
As per the agreement with your landlord, you are obligated to pay any additional charges, such as Council Tax or utility bills
Any damages caused by you, your family, or friends must be repaired or compensated for by you
Subletting a property is only permissible if it is explicitly allowed in the tenancy agreement or approved by your landlord
Failure to meet your responsibilities may result in your landlord taking legal action to evict you.

WHAT IS A SECURITY TENURE?

"Security of tenure" refers to protection against eviction. Your rights depend on the type of tenancy and whether it is fixed-term. In the first six months or during a fixed term, eviction can only occur for specific reasons and requires court approval. After this period, eviction can occur without a reason, but legal procedures must be followed. This is known as a "section 21 eviction". Seeking guidance from organisations like Shelter or Your Advice Hub is advisable.

A section 21 notice must be provided in writing, giving a specific time frame. It is not mandatory to leave during this period. Consider the advantages and disadvantages before deciding to stay until the court makes a decision. Different types of tenancies may provide additional eviction rights, while lodgers generally have limited rights.

CAN I REQUEST REPAIRS AND IMPROVEMENTS?

Does your property fall under the Fit for Human Habitation the Landlord and Tenant Act 1985? Section 9A of the Landlord and Tenant Act 1985 establishes an implied term that landlords must guarantee the habitability of the dwelling they rent out. The implied terms are considered to be integral parts of the agreement between the landlord and tenant.

These rights are usually given when starting a new lease in the private rental sector. It is important to understand that these rights are legally established and apply regardless of what is stated in your lease agreement.

The necessary repairs encompass various aspects, including the structure, exterior, and installations.

The structure repairs involve addressing issues with the following:

Roof
Floor
Walls
Plasterwork
Windows
Staircases and Bannisters

The exterior repairs encompass the guttering, pipes, and drains. The installation repairs involve the following:

Fixing plumbing
Sanitary fittings such as baths, toilets, and sinks, as well as electrical wiring, gas piping, water systems, and central heating

If any of the mentioned problems are brought to your landlord's attention, they are required to undertake the necessary repairs within a reasonable timeframe. It is crucial that urgent repairs, such as blocked drains or gas leaks, are given immediate attention.

The landlord is obligated to provide the following:

An operational fire alarm
An operational carbon monoxide alarm, if solid fuel is used

Your landlord are required to give a 24-hour notice and visit at a reasonable time when inspecting any necessary repairs or assessing the property's condition. If the landlord fails to complete the necessary repairs within a reasonable timeframe, legal action can be taken against them. The court has the authority to order the landlord to carry out the repairs and provide compensation for any inconvenience or loss experienced by the tenant.

CAN I PRIVATELY RENT AND CLAIM BENEFITS?

Finding private rented accommodation can be a challenge for individuals who claim benefits. Many landlords and letting agencies have implemented 'no DSS' policies, which means they refuse to rent to individuals who receive benefits such as Universal Credit or Housing Benefit. Although these policies have been deemed unlawful, they persist and can only be challenged on a case-by-case basis.

If you are facing difficulties in securing a private tenancy due to your benefit claims, it is advisable to reach out to your local council and explain the situation. They can assist and potentially connect you with a landlord who is willing to accept benefit claimants or offer a guarantee for your tenancy.

YOUR LODGER RIGHTS

If you choose to rent a room in your landlord's home, you will be classified as a lodger. In this arrangement, you may share common facilities like the bathroom or kitchen with your landlord, although you may also have some level of separation.

The specific rights you have will depend on the details of your living arrangements, but you will likely have a 'licence' rather than a formal tenancy agreement. Licences generally offer fewer rights compared to tenancies, especially when it comes to issues related to repairs.

Before signing any agreement, it is crucial that you carefully read and understand the terms and conditions, including any financial implications.

If you share common areas like the kitchen, bathroom, or living room with your landlord, they can evict you without obtaining a court order. However, they must provide you with an appropriate notice period before proceeding with the eviction. In other cases, you are likely entitled to a court order, unless you have failed to pay rent.

> Find out more about Lodger Eviction

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