A GUIDE
TO
PRIVATE
RENTING
A Guide to Private Renting
Where to look for accommodation.
There are a number of places that you can look for accommodation to rent:
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Local newspapers such as The Bolton News, Metro News, Manchester Evening
news and the Bolton Journal.
Adverts in windows of local news agents and shops.
Letting, Managing or Estate Agents and Property Agents which can be found in
local directories, however many do have extra administration fees in addition to rent
and deposit.
Advice Agencies such as Housing Advice Services and Student Services have a
small list of Private Landlords.
Should you rent with a friend?
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You could have a joint or individual tenancy.
It may be cheaper or you may get better value for money if you share with a friend.
However if you do have a joint tenancy and the other person does not pay their
share of the rent YOU will be liable to pay the whole rent. Also if the joint tenant
hands in their notice, this will automatically end your tenancy.
If you both have individual tenancy agreements this will not affect you, but the
Landlord could move in another person if your flat mate left.
You should be aware that if you are sharing a house with other students and
one of them finishes the course and takes up employment- all the tenants at
the house would be liable for Council Tax.
What to look out for when viewing a property.
Rent:
How much is it? Can you afford it? Does it cover any bills? When
should it be paid? Can you claim any Benefits to help?
Gas/Electric/
Water:
Are any of these included in rent or are they to be paid
separately? Will you get a bill or are they on meter?
Do you have access to the meter? Are they card, key or coin
meters?
Heating:
Is it gas or electric? Does it look safe? Has the Landlord got upto
Date certificates?
Cooking Facilities: Do you have to share with anyone else? Who is responsible for
cleaning? Is it adequate and Hygienic? Is there a fridge? Is there
hot and cold running water?
Washing & Toilet Is there hot/cold water for bathing? Are the facilities shared
Facilities:
and if so with how many others? Who will clean them?
Furniture:
Is it furnished or unfurnished? If it is furnished, is it in good
condition? Is it adequate for your needs? Can you bring your own
furniture? Does the furniture meet fire safety regulations?
Security:
Are there adequate locks on doors and windows? Is there a
smoke alarm?
Condition:
Check the general condition of property and furniture, such as the
decorations, any repairs, dampness?
Some Shared Accomodation may be subject to Houses in Multiple Occupation
Licencing (HIMO) – If in doubt seek advice from the Public Health Unit on tel: 01204
336500
What happens next?
If you like the property and want to go ahead and the Landlord offers you the property, he
can either:
Make an agreement verbally
or
Give you a written contract.
Unless you are living with and sharing accommodation with the Landlord you will almost
certainly be an Assured Shorthold tenant and you will have a tenancy whether you have
signed a tenancy agreement or not.
What if the Landlord lives with you?
If you share accommodation with your Landlord or a member of his family and it is the
landlords only home, you have very little security or rights and are only entitled to
“reasonable” notice to leave the property.
Tenancy Agreement
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We would advise that you request a written tenancy agreement. If you are not sure
about the agreement GET ADVICE before you sign anything.
All tenancies are automatically Assured Shorthold Tenancies unless the Landlord
gives you a notice or includes a declaration in the tenancy agreement to state
otherwise.
The Landlord does not have to agree an “initial fixed term”, but may do so if you both
agree. However the Landlord cannot request the tenant leaves before the end of six
months.
When the tenancy comes to an end the Landlord may agree to a replacement
tenancy or if he does nothing the tenancy will automatically run from one rent period
to the next.
The Landlord should also provide you with contact details in case of emergency.
What if you do not have a written agreement?
You have the right to ask a Landlord to give you a written statement stating:
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The date the Tenancy Began
When the rent is due
The amount of the rent
The length of any fixed term
How and when the rent may be reviewed
The Landlord must provide this within 28 days of receiving your request in writing and if he
fails to do so he can be prosecuted.
The Landlord should also provide you with contact details in case of emergencies.
What does having a tenancy mean?
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Whether you have a written agreement or not all assured Shorthold tenants have the
right to use the premises as their home without interference, regardless of anything
that may be stated within an agreement. This is called having quiet enjoyment of the
property.
Once your tenancy has commenced the Landlord has no right of access and should
only enter the premises with your consent and must give a minimum of 24 hours
notice to inspect the property.
You are protected from illegal eviction and harassment by certain laws.
Tenancy Deposit Scheme
The Landlord will probably ask for a deposit or rent in advance so that if you cause any
damage to the property or fall into rent arrears he can take this from the money you have
already paid as a deposit.
From the 6th day of April 2007 all deposits taken by Landlords, landlords Representatives or
Letting Agents will be subject to a tenancy deposit scheme (TDS). This has been
introduced to prevent landlords wrongly withholding part or all of a tenant's deposit, once a
tenancy has ended and the tenant has left and to help resolve disputes.
Landlords or agents will only be able to take a deposit from a tenant if that deposit is
protected by a TDS.
The two types of scheme being introduced are:
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a custodial scheme, whereby the deposit is held by the scheme during the
tenancy and during any legal dispute
An insurance-based scheme where the landlord or agent keeps the deposit,
but the deposit is insured in case of any dispute and thus protected for the
tenant.
Either scheme must repay all or part of a deposit, within 10 days of notification, once a
tenancy has ended or a dispute has been resolved.
Under the new rules, landlords will have to comply with one of the two schemes and inform
a tenant of the details of how the deposit is protected within 14 days. Unless he does, the
landlord will be unable to serve a notice requiring possession of the property without good
grounds that must be proven before a Court. All the schemes will offer an alternative
dispute resolution, so the parties do not have to resort to going through the Courts.
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Where students rent accommodation under an Assured Shorthold tenancy, the
deposit must be safeguarded under a Tenancy Deposit Protection scheme.
Halls of residence are not let on Assured Shorthold tenancies if they are controlled
by the University. However, some Universities lease their halls to private companies
and these may be let on an Assured Shorthold tenancy basis and will therefore be
subject to the Tenancy Deposit Protection scheme.
If in doubt – SEEK ADVICE
Who is responsible for any repairs?
In most cases Landlords will be responsible for maintaining the structure and exterior of the
property;
And
Keeping in repair and proper working order:
o Toilets
o Washbasins
o Sinks
o Baths
o other sanitary installations
and for the supplying of:
o Water
o Gas
o Electricity for hot water and any heating
Landlords are also required to have an annual electric and gas safety check and provide
certificates to show this has been done.
Access
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Once the tenancy has commenced the Landlord has no rights to enter the property
without your permission
As a tenant you should give the Landlord reasonable access when they are doing
repairs
The Landlord should give you at least 24 hours notice so that he can enter the
property to inspect or carry out repairs
It is good practice to agree on a mutually convenient time and date
Rent
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It is a good idea to get receipts for your rent or ask your Landlord to complete a rent
book. If the Landlord will not do this you could pay by cheque so you have a record
of all payments made.
If a Landlord wants to put up your rent and there is nothing written into your contract
they must serve you with a formal notice of his intention. If you disagree, seek
assistance.
A Landlord may ask you to leave or even pursue a court case against you if you fall
behind with your rent.
What if you want to leave?
If you want to leave you must give your landlord written notice. If you pay rent weekly, you
should give at least 4 weeks notice. If you pay rent monthly, you must give at least a
months notice.
If you are still in your “fixed term”, you can only leave with the agreement of your Landlord
or if your tenancy agreement has a “break clause”.
What if the Landlord wants you to leave?
A Landlord does not have to have a reason to ask you to leave in most circumstances;
however he must follow a strict legal procedure.
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He must give you a minimum of 2 months written notice and cannot ask you to leave
until the end of the “fixed term”.
If you are no longer in your “fixed term” or if the end of your “fixed term” is less than
2 months away, the Landlord must serve you with a “Section 21” notice, which must
include specific wording and quote specific dates; or
If the Landlord wants you to leave during the “fixed term” because you have got into
rent arrears of 2 months or more or if you are breaching your tenancy agreement, he
can serve you with a “Section 8” notice that states the grounds.
Even when these notices have expired, you still have the rights to remain at the
property and the only person who can legally evict you from the property is a County
Court Bailiff. This means that the Landlord would have to issue Court proceedings
against you.
If a Landlord does go to Court you may be liable for the Court Costs.
If the Landlord does not use the Tenancy Deposit Protection Scheme he can only
issuing a notice that states the grounds for asking you to leave and not a Section 21
notice which can be issued for no reason
If the Landlord requests that you vacate the property in any way, we
recommend that you seek advice immediately.
Any questions?
If you need further guidance you can obtain a more concise publication
of “A Place of Your Own – A Guide For Private Tenants” from Housing
Advice Services
If you have any questions about any of the matters raised or need advice
and assistance with housing issues, please seek advice immediately.
You can contact:
HousingAdviceServices
1 Silverwell Lane
Bolton
BL1 1QN
Tel:
Email:
(01204) 335900
HousingAdvice@bolton.gov.uk
Drop in times:
Mon
Tue/Wed/Fri
Thursday
9am to 12:30pm
9am to 12:00pm
2pm to 6:30pm
Student Services
The Student Centre
Eagle Mall
Deane Road
Bolton
BL3 5AB
Tel: (01204) 903733 or Tel. (01204) 903484