Rights Of The Private Tenant

Roger Sproston

Description

The private sector is the growing 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 2019 are covered, including to the law as it affects accommodation agencies and changes to the benefit system. 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.

Sujets

• Law

Informations

• Publié par: Straightforward Publishing
• Date de parution: 25 juin 2019
• Nombre de lectures: 0
• EAN13: 9781847169785
• Langue: English

Extrait

A STRAIGHTFORWARD GUIDE TO THE RIGHTS OF THE PRIVATE TENANT

ROGER SPROSTON
STRAIGHTFORWARD PUBLISHING WWW.STRAIGHTFORWARDCO.CO.UK
Straightforward Publishing
Roger Sproston 2019
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 978-1-84716-917-4 (PDF) ISBN : 978-1-84716-978-5 (epub) ISBN 978-1-84716-984-6 (Kindle)
Printed by 4edge Press 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
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
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
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
Gas safety
Furniture Safety
What items are not covered?
Electrical Safety
Tougher rules announced for electrical inspections for rented homes in the UK (January 2019)
The availability of grants
Rgulations on Smoke and Carbon Monoxide detectors
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
Fast-track possession
Rules for Section 21 notices
Section 21 (Form 6A) pre-requisites
Going to court to end the tenancy
Ch. 11-Public Sector Tenancies
Renting from a social housing landlord
Local authority tenants
Housing association and housing co-operative tenants
Tenancy began before 15 January 1989
Tenancy began on or after 15 January 1989
Rights of secure tenants
Complaints about secure tenancies
Rights of assured tenants
Complaints about assured tenancies
Starter tenancies and assured shorthold tenancies
Complaints about starter and assured shorthold tenancies
Fixing and increasing the rent-Secure tenants
Local authority tenancies
Housing association and housing co-operative tenancies which began before 15 January 1989
Assured tenants-Housing association or co-operative tenancies which began on or after 15 January 1989
Affordable rent
Repairs and improvements
The Right to repair
Improvements
Disabled tenants
Gas appliances
The right to stay in the accommodation
Secure tenants
Assured tenants
Social housing tenancies and discrimination
Introductory tenants -who is an introductory tenant
Rights of introductory tenants
Ending an introductory tenancy
Possession proceedings
Flexible tenants
Ch. 12-Private Tenancies in Scotland
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. 13-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. 14-Housing Advice
General advice
Housing Advice Centres
Other specialist advice
Advice from solicitors
Free advice and help
Ch. 15-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
**
INTRODUCTION
This latest edition of A Straightforward Guide to the Rights of the Private Tenant, 2019 , substantially updates the previous edition by introducing more detailed information concerning the law, landlords obligations and tenants rights and obligations. A new chapter (2) dealing with people with disabilities and access to private housing has also been introduced
More and more people, in the next few years, due to factors such as inability to access finance to purchase a house, due to high costs of housing, changes in the housing benefit system and homelessness legislation will become reliant on the private sector. The private sector is rapidly expanding, because of a combination of these factors and rents are on the increase, in particular in London and the South East. In their recent report, Generation Rent, A Society Divided the Halifax states that the private rented sector is now at its highest level since the early 1990 s. In 2018-2019 there are an estimated 22 million households in England and Wales living in private accommodation.
With no prospect of buying, more and more people will populate the private market over the coming years. Correspondingly, many more people have become landlords, particularly since 1988, and many more are set to become landlords, although the banks and government are making it that much harder through economic sanctions. It is the case, unfortunately, that this expansion introduces a lot of inexperienced people into the field. If an agent is used in the letting of property then there is (usually) no problem, although that is not a given. However, when the property is directly managed then issues can arise that can lead to conflict.
The response of the government to the rapid rise in private tenants and the corresponding problems of insecurity of tenure and sub-standard properties has been to tighten up the law regulating the sector.
Rogue Landlord Database, Banning Orders and Guidance Measures for Local Authorities to Tackle Substandard Practice
The government has released a range of new measures and guid