Some useful information for tenants are here for viewing or download:
Most private tenancies agreed will be assured or assured shorthold tenancies, under the provisions in the Housing Act 1988 (as amended by the Housing Act 1996). This section covers your rights and obligations as an Assured Shorthold Tenant. This information is taken from the Department for Communities and Local Government website and last updated on January 22, 2007.
If you start renting a property now, the rent is less than £25,000 per year and you do not live in the same house as the landlord, the tenancy will automatically be an assured shorthold tenancy (unless your landlord agrees otherwise in writing).
It is up to you to agree the length of the tenancy with the landlord. It can last for a set period (known as a “fixed term”) or be left open-ended.
The landlord can ask you to leave at any time after six months, provided any fixed term you agreed has ended. He or she must give you two months’ notice in writing that he or she wants you to leave.
The landlord can apply to the court to end the tenancy at any time on certain “grounds” (ie reasons) for possession set out in legislation. These include
You should leave at the end of the notice period. However, the landlord cannot force you to leave, but may apply to a Court for a possession order. If you do not leave by the date set by the order, the landlord may apply to the Court for a warrant for eviction. The Court will then appoint bailiffs to evict you.
Unless you have a fixed term of greater than three years, your landlord is required by law to provide you with a written tenancy agreement. Where your landlord is not legally obliged to provide you with a written tenancy agreement, you can ask him or her to give you a written statement setting out:
Landlords often ask for a holding deposit to cover missing rent or damage made to the property. The Housing Act 2004 introduces provisions to ensure tenancy deposit protection for assured shorthold tenancies. These provisions should remove the risk of misappropriation of tenants' deposits by landlords and letting agents.
If you have a fixed term tenancy but want to move out before the end of the term, you can only do so if the landlord agrees you can leave early, or if this is allowed for by a “break clause” in the tenancy agreement and you have followed any requirements for giving notice specified in the tenancy agreement.
If the agreement does not allow you to leave early and the landlord does not agree that you can break the agreement, you will be contractually obliged to pay the rent for the entire length of the fixed term.
However, this does not mean that the landlord should necessarily be able to claim for the whole term’s rent if you leave early: there is also a responsibility on the part of the landlord in this situation to try to cover his or her losses in other ways, notably by trying to relet the accommodation.
If the tenancy has no fixed term, you must give the landlord reasonable notice in writing of your intention to leave. You must give at least four weeks’ notice, if you pay rent on a weekly basis and at least a month’s notice, if you pay rent on a monthly basis.
If you are claiming other benefits or your income is low, you may be able to get help through housing benefit. You should apply to your local authority to see if you are eligible and, if so, how much you can claim. You can apply to your local authority to find out how much rent would be covered by housing benefit before you agree to take a tenancy.
The landlord can give you notice that he or she will seek possession through the court if you are behind with rent. If you owe at least eight weeks’ (if you pay rent weekly) or two months’ (if you pay monthly) rent, at the time notice is served and at the time of the court hearing, the judge must give the landlord a possession order.
Contact the local authority official dealing with your claim immediately and explain that your landlord is trying to evict you because you are behind with your rent.
If you think you are being charged more than other tenants for similar properties, you can ask a rent assessment committee to decide what the rent should be. Contact your nearest rent assessment panel for details. You must apply within six months of the start of the tenancy.
A detailed Communities and Local Government booklet, Assured and Assured Shorthold Tenancies – A Guide for Tenants, is available free of charge, from the address below or downloadable from the Department of Communities and Local Government website.
If you live in the same building as your landlord, you should read Renting Rooms in Someone’s Home – A Guide for People Renting from Resident Landlords, available from the address below or downloadable from the Department of Communities and Local Government website.
Communities and Local Government Publications
PO Box 236
Wetherby
West Yorkshire
LS23 7NB
Tel: 0870 122 6236
Textphone: 0870 120 7405
Fax: 0870 122 6237
Email: communities@twoten.com
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