Housing Rights

Roger Sproston

Description

A Straightforward Guide to Housing Rights Revised Edition, is a comprehensive guide to all aspects of housing law in the United Kingdom. Housing law is complex and varied and this book is a clear and concise introduction to the overall framework of law governing all tenure types. The book builds on the successful previous edition introducing new legislation. The book is practical and is ideal for those who wish to either learn the subject from scratch or who wish to brush up on their knowledge of this area and to acquaint themselves with new legislation.

Sujets

• Reino Unido
• United Kingdom
• Property law
• Great Britain
• Law
• Royaume-Uni

Informations

• Publié par: Straightforward Publishing
• Date de parution: 25 septembre 2015
• Nombre de lectures: 0
• EAN13: 9781847166296
• Langue: English

Extrait

A GUIDE TO HOUSING RIGHTS
Roger Sproston
Straightforward Publishing www.straightforwardco.co.uk
Straightforward Guides
Revised edition Roger Sproston 2015
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.
eISBN 978-1-84716-548-0 Kindle ISBN: 978-1-84716-615-9
Printed by 4edge 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
1. Housing Rights Generally
2. Private Tenants Finding a Property
3. Private Tenants and The Law
4. Assured Tenants
5. Joint Tenancies
6. Rent and Sources of Rent
7. The Right to Quiet Enjoyment of a Home
8. Landlord and Tenant Repairing Obligations
9 What should be Provided Under the Tenancy
10. Taking back Possession of a Property
11. Public Sector Tenancies
12. Private Tenancies in Scotland
13. The law and Owner Occupiers
14. Obligations of freeholder and Leaseholder
15. Service Charges
16. Buying a Freehold and extending a Lease
17. Relationship Breakdown and Housing Rights
18. The Law and Mobile Homes
19. Residential Houseboats-General Advice
20. Housing Advice
Useful Addresses
Index
INTRODUCTION
This revised edition of A Guide to Housing Rights, written in the context of a rising housing market, and the rapid growth of the private rented sector is a comprehensive overview of housing across all tenures and is aimed specifically at the layperson, although it can be utilised by the professional.
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. Specialist workers and advisers are needed to make sense of the maze.
There is the 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 all areas in relation to housing. The rights of the private tenant are covered in depth, along with the rights and obligations of the public sector tenant. We also discuss the rights of mobile home owners. Also, new to this edition is the introduction of the rights of houseboat dwellers.
Owner occupation is also covered in depth, in particular the rights and obligations of the leaseholder. The roles of intermediaries are covered along with mortgages and other aspects of owning a home.
A Guide to Housing Rights is an extremely comprehensive guide to all aspects of housing and should prove invaluable to all.
Roger Sproston
1
HOUSING RIGHTS GENERALLY
Whether to rent or buy
Currently, buying a home in most areas is still only an option for those who can afford the prices and get a mortgage. We are in a market where the majority of first time buyers are still excluded from buying a home. The pattern changes as you move from the south-east to the Midlands and the North, with getting on to the housing ladder 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.
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, particularly in the public sector following changes to rent setting and the government announcement in 2015 that anyone earning over 40,000 in London and 30,000 in London will no longer enjoy rent subsidies.
If your income drops you are usually eligible for housing benefit although there have been significant changes to benefit entitlement since April 2013.
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 some areas there is a very long waiting list for properties. When 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 have increased greatly over the last 15 years, particularly with the advent of buy-to-let. 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.
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. Homeowners own the property they live in. Private sector tenants are in the weakest position, with six-month tenancies being the norm.
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. 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 to not benefiting from public funds and sponsored immigrants who have been in the United Kingdom for less than five years. Also, people who fail the habitual residence test for welfare benefits or who are in breach of EU Rights of Residence Directive. If a local authority refuses to put your name on the housing register, you have the right to ask them to review their decision within 21 days. There are special arrangements for asylum seekers who will be directed towards accommodation in limited areas of the country.
Homelessness
Local authorities have a legal duty to provide help to certain people who are homeless or threatened with homelessness. You will qualify for help if you are eligible for assistance , legally homeless or threatened with homelessness and not intentionally homeless. In England, Wales and Northern Ireland, you must also be in priority need. This test was abolished in Scot