Rights Of The Private Tenant

Roger Sproston

Description

The private sector is a significant form of tenure for people in the UK, in the South East in particular due to the impossibility of getting on to the housing ladder. A Guide to The Rights of the Private Tenant, is a concise guide to the rights of the tenant of private rented residential property. Changes to the law to 2021 are covered, including to the law and COVID 19, as it affects accommodation agencies. The book will enable anyone to understand the complex area of law that governs the area of residential housing and to understand the relationship between landlord and tenant. It is ideal for anyone who wishes to understand the processes involved, and also for those who want a clear and practical guide.

Informations

• Publié par: Straightforward Publishing
• Date de parution: 25 mars 2021
• Nombre de lectures: 0
• EAN13: 9781913776947
• Langue: English

Extrait

A STRAIGHTFORWARD GUIDE TO THE RIGHTS OF THE PRIVATE TENANT
ROGER SPROSTON BA Msc
STRAIGHTFORWARD PUBLISHING WWW.STRAIGHTFORWARDCO.CO.UK
Straightforward Publishing
Roger Sproston 2021
All rights reserved. No part of this publication may be reproduced in a retrieval system or transmitted by any means, electronic or mechanical, photocopying or otherwise, without the prior permission of the copyright holder.
ISBN: 978-1-913776-06-0 ePUB ISBN: 978-1-913776-94-7 Kindle ISBN: 978-1-913776-95-4
Printed by 4edge www.4edge.co.uk
Cover design by BW Studio Derby
The information in this book was correct at the time of going to print. The author and publishers cannot be held liable for any errors or omissions within or for any changes in law since publication.
CONTENTS
Introduction
Ch. 1-Private Tenants-Finding A Property
Letting Agents
Online lettings agents
Immigration Act 2014 and checking eligibility to rent
Discrimination against tenants on housing benefits
Company lets
Short-lets
Student lets
Holiday lets
Bedsits
Landlords taking in a lodger
Letting through Airbnb
Deposits-Tenancy Deposit Protection Scheme
Moving into a property
Custodial Scheme
Insurance based schemes
The Deregulation Act 2015
Rental guarantees
Ch. 2-Private Housing For the Disabled
Generally
Can you rent specialist housing for older people privately?
The lettings process
Pre-tenancy checks
Payments at the start of the tenancy
How to rent guide
Rights and responsibilities as a tenant
The tenancy
Making adaptations to a property
Dealing with problems in your tenancy
Problems with heating, appliances and repairs
Getting your deposit back when you move out
Making complaints
Information about private renting
Finding an advocate
Legal help
Your rights as an existing tenant
Your rights as a disabled person
Adapting a home
What is a home adaptation ?
Equipment
Minor adaptations
Major adaptations
Funding and access
What is occupational therapy ?
Ch. 3-The Law in a Nutshell
Explaining the law
The freehold and the lease
Freehold
Leasehold
The position of the tenant
The tenancy agreement
The contract
Date of commencement of tenancy and rent payable
Services provided under the tenancy and service of notice
Tenants obligations
Landlords obligations
Ending a tenancy
The responsibility of the landlord to provide a rent book
Overcrowding
Different types of tenancy agreement
The assured shorthold tenancy - what it means
Other types of agreement
Ch. 4-More About Assured Tenants
The assured tenant
Tenancies that are not assured
The Assured Shorthold tenancy
Security of tenure: The ways in which a tenant can lose their home as an assured shorthold tenant
The mandatory grounds for possession of a property
The discretionary grounds for possession of a property, which is let on an assured tenancy
Ch. 5-Joint Tenancies
Joint tenancies
Tenancy agreements
Right to rent
Paying the rent when you re a joint tenant
Tenancy deposits when a joint tenant moves out
How you can end a fixed-term joint tenancy
How to end a joint tenancy that isn t a fixed-term
Leaving a joint tenancy
Eviction of joint tenants
Relationship breakdown
Problems with other joint tenants
Ch. 6-Rent and Other Charges
The payment of rent and other financial matters
The assured tenant
Local housing allowance (LHA) (housing benefit) for people who rent a home from a private landlord.
Claim LHA
How LHA is calculated
Maximum LHA amounts
Rooms allowed when calculating LHA
If you re aged under 35
How often is housing benefit paid?
When LHA can be paid direct to landlords
Council Tax Support
Ch. 7-The Right to Quiet Enjoyment of a Home
Eviction: what can be done against unlawful eviction
Remedies for unlawful eviction
The injunction
Damages
Ch. 8-Repairs-Landlords/Tenants Obligations
Repairs and improvements generally: The landlord and tenants obligations
Example of repairs a landlord is responsible for Reporting repairs to landlords
The tenants rights whilst repairs are being carried out
Can the landlord put the rent up after doing repairs?
Tenants rights to make improvements to a property
Disabled tenants
Houses in multiple occupation (HMO)
Extra responsibilities of HMO landlords
Responsibility for repairs in HMOs
Landlord penalties for not having an HMO licence
Safety generally for all landlords-the regulations
Fir Regulations in rented properties
Gas safety
Furniture Safety
Electrical Safety
Tougher rules announced for electrical inspections for rented homes in the UK (January 2019)
The availability of grants
Obligations on Landlords to upgrade and maintain insulation
Legionnaire s disease
Sanitation health and hygiene generally
Ch. 9-What Should Be Provided Under the Tenancy
Furniture
Insurance
At the end of the tenancy
A word on inventories
Ch. 10-Regaining Possession of a Property
Changes to evictions due to Covid 19
Fast-track (Accelerated) possession
Rules for Section notices
Section 21 (Form 6A) pre-requisites
Going to court to end the tenancy
Ch. 11-Private Tenancies in Scotland
Private tenants in Scotland and the Coronavirus
The Private Residential tenancy
Ending a tenancy early
If tenants don t leave
If tenants want to leave
Ending a tenancy early
Houses in multiple occupation (HMOs)
Is the landlord a fit and proper person to hold a licence?
Is the property managed properly?
Does the property meet the required standards?
What are the landlord s responsibilities?
Tenants responsibilities:
Safeguarding Tenancy Deposits
Landlord s legal duties
Key dates for landlords
Information about the schemes
Letting Protection Service Scotland
www.safedepositsscotland.com
Mydeposits Scotland
Ch. 12-Relationship Breakdown and Housing Rights
Housing rights in an emergency
Approaching the council
Obtaining a court order
Long-term rights to the home
If you are not married or in a Civil Partnership
Tenants
Home owners
Ch. 13-Housing Advice
General advice
Housing Advice Centres
Other specialist advice
Advice from solicitors
Free advice and help
Ch. 14-Agricultural Tenancies
Farm Business Tenancies
Farm Business Tenancy rent reviews
Farm Business Tenancy compensation
Ending a Farm Business Tenancy
1986 Act agricultural tenancies
1986 Act Tenancies rent reviews
1986 Act Tenancies compensation
Major long-term improvements
Short-term improvements
Tenant right
Dispute procedures
Contacts
Glossary of terms
Appendix 1 - Useful addresses
Appendix 2 - Sample Assured Shorthold Tenancy Agreement (England and Wales)
Sample Section 21 Notice Requiring possession (FORM 6A)
Index
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INTRODUCTION
This latest edition of A Straightforward Guide to the Rights of the Private Tenant, 2021 , substantially updates the previous edition by introducing more detailed information concerning the law, landlords obligations and tenants rights and obligations. The chapter (2) dealing with people with disabilities and access to private housing has also been expanded.
COVID 19 and private rented property-temporary law changes
At the time of writing, we are still in the throes of the coronavirus epidemic, and quite apart from the effect on the general public, housing is affected across the board.
Notice periods
Notice periods given to tenants from 29 August 2020 to at least 31 March 2021 must be at least 6 months for most grounds (including Section 21 notices). This applies during the national lockdown. There are certain cases where a shorter notice period may be provided. These include those in relation to anti-social behaviour (including rioting), false statement and where a tenant has accrued rent arrears to the value of at least 6 months rent.
Notice periods in Wales
Notice periods given on or after 24 July 2020 to at least 31 March 2021 must be at least 6 months, other than for grounds relating to anti-social behaviour which remained at 3 months until 28 September 2020 but have subsequently returned to their pre-Coronavirus Act 2020 lengths of one month or less, depending on the type of tenancy and ground used.
Evictions
The ban on bailiff-enforced evictions for private renters has been extended in England and Wales. This will now be until March 31st 2021. The ban will be reviewed at that date. At the moment this is a moving feast so check the government website for up to date information
Landlords or agents acting on their behalf will still be able to enforce possession orders if tenants are more than six months in arrears irrespective of when the arrears accrued and therefore no longer have to pre-date Covid; however, these will go to court but cannot be enforced by bailiffs. The exceptions to the ban still apply as before - in the relatively small number of cases of domestic violence and anti-social behaviour, for example, bailiff-enforced evictions can take place.
Repairs and maintenance
The government has warned landlords that they are still legally obligated to carry out urgent health and safety repairs. However, it clarified that non-urgent repairs should be done at a later date, as agreed between tenants and landlords.
The government issued the following the guidance: Landlords remain legally obligated to ensure properties meet the required standard - urgent, essential health and safety repairs should be made. An agreement for non-urgent repairs to be done later should be made between tenants and landlords. Local authorities are also encouraged to take a pragmatic, risk-based approach to enforcement.
The government said it is committed to supporting landlords as well as tenants. The statement added: We have also agreed with lenders that they will ensure support is available where it is needed for landlords. Landlords will also be protected by a three-month