TOP TIPS FOR LANDLORDS AND TENANTS - A GUIDE TO YOUR RIGHTS AS A LANDLORD AND A TENANT IN ENGLAND.

THIS BLOG RELATES TO PROPERTIES IN ENGLAND AND NOT WALES

There are so many complex changes in housing law that we cannot cover them all here. We will address a few of the numerous questions that we are asked. We therefore ask that if you have any questions relating to your tenancies, that you contact our dedicated housing team who will be delighted to help you.

Here are just a sample of questions we have been asked to address:

Rent increases:

The first step is to check the tenancy agreement. It is unusual for a rent increase to be permitted within a fixed term contract. Rent can only be increased once a year. A rent review maybe contained in the tenancy agreement. A Tenant can ask for their rent increase to be reviewed if they feel the rent is too much and is unreasonable (Form Rents1 from GOVT.UK) If a rent is reviewed by a tribunal then the rent can go up as well as down. So it is sensible for both a landlord and a tenant to check the local market rent.

If the fixed term of a contract has expired and the tenancy becomes a 'rolling contract', then the Landlord may either offer a new contract (possibly with the increase in rent), or serve notice if the tenant confirms that they cannot afford the new rent in the new contract.

If you are a landlord who is looking to increase their rent then please call one of our knowledgeable and friendly team for support and guidance.

Deposit

A deposit is usually taken to cover any damage (over reasonable wear and tear) caused by the tenant or a pet etc. It should not be more than 1 weeks rent. The Landlord should register that deposit within 30 days of receiving it. If the deposit is not registered in a qualifying scheme, the tenant is due damages/compensation. If you are a tenant and you want to check if your deposit has been registered then you can visit the DPS and/or TDS website. Along with the deposit being registered the tenant should be provided with a guide.

If the deposit is not registered, then there will be issues with obtaining a possession order.

There are ways of still recovering possession, but we suggest you call our housing team for further help.

Eviction

Landlords can evict a tenant if they follow the correct procedure. All the regulations must have been complied with and they must have served a valid notice. Currently in England there are two notices; a S8 notice (for breach of contract) and a S21 (no fault evictions). Westminster will be banning no fault evictions in England and please keep in contact with us so that you can be updated on this. The vast amount of notices that we are given to review are unlawful, it is important for both a landlord and a tenant to have their notices reviewed or (in the case of a landlord) drafted correctly, as lost time costs money. For a tenant, they may not have to leave a property if the notice is invalid.

Disrepair - what are tenants rights where there is damp or damage to a property?

A property must be in a 'good state of repair' in order to be suitable for renting out. The property must be fit for human habitation. The property must have all essential services in good working order (gas, heating, electric, water). The structure of the property must be in good order (windows, rooves etc).

The law has been extended now to cover such things as 'condensation', and this is contained in the housing act 2002.

A tenant who has a complaint should contact their local authority and ask for an environmental health visit. An environmental health officer can serve a notice on a landlord forcing the repairs and handing out fines.

A tenant can claim damages/compensation for any breaches of the repairing covenant.

Can I have pets at the property?

It is difficult for a landlord to unreasonably refuse a well behaved pet. There are measures in place that will soon be made into law, stopping landlords from preventing well behaved family pets from living at a rental property.

Disclaimer: the law in England and Wales is very different and they are constantly changing and developing. The above is for guidance only and not meant to replace legal advice. Please speak to our team on individual issues and we would be delighted to help and assist you in this complex area of law.

Too many tenants looking for the same property? What can I do to stand out?

Firstly decide what you are looking for in a rental property and why it matters to you (e.g. near work, or near your children's school, or friends and family). When you then apply, you are only applying for properties that suit your criteria (you are not time wasting) and when you attend viewings you can explain why this property is the one you are most interested in.

Make sure that you have references available. Try not to leave a property under a cloud. References are so important because positive references will put you a head of other tenants.

Look after your credit score, try and download one of the free internet apps and keep a careful eye on your score. If there are issues, then address them urgently.

Although it should not matter, the way you appear can make a real difference when you are one of a number of applicants for a property. When you attend a viewing make sure that you come over well, think of it as job interview. How would you dress? would you come over as a pleasant friendly person? The Landlord needs to feel that you will look after their property, so bear this in mind when you attend the viewing.

Make sure that you have all your finances in place. This could mean you have an amount for a bond ready, or, a months rent in advance. If you have a guarantor, then make sure that the guarantor is suitable (e.g. that they have the means to pay if you default on your rent). Make it clear that you can afford the rent (even in times of a cost of living crisis), that you are not over stretching yourself and you have some disposable income if interest rates were to increase.

If you are taking pets with you, the law has changed/is changing in this regard (please see our blog on pets and renting), but it always helps to have pet references available.

Be prepared to look outside of your preferred rental area and even though you may have a criteria, you may need to be more flexible.

Be patient, the right property is out there for you.

WHAT CAN I DO IF MY LANDLORD INCREASES MY RENT?

It can be very worrying when your Landlord threatens you with a rent increase. With the interest rates rising the landlords may be looking to increase their rents because of the increase in their mortgages.

So the first thing you should do as a tenant is:

• Get hold of your tenancy agreement and check what it says about rent increases. It is usually unlawful to increase the rent during a fixed term contract (or periodic) unless your tenancy agreement specifically states otherwise.
• If you are unhappy about the rent increase, then try and negotiate a lower rent with your Landlord, and if the landlord is unwilling to agree to your proposals, then ask for a rent review. Please remember that rent reviews can go up as well as down.
• keep up the dialogue between you and the Landlord

If a landlord serves you with notice to leave, you should get help and assistance immediately; it is possible that the notice is invalid. There are a number of procedures a landlord must have followed before he/she/they can serve a notice on you. We are finding a lot of notices are invalid.

Disclaimer: the above does not constitute legal advice

In England: The Renters (Reform) Bill

In Wales: The Renting Homes (Wales) Act

Renting with Pets can be difficult. The BBC found that out of 120,000 rentals listed on Zoopla, only a small percentage allowed pets at their properties.

With many thousands of tenants having a pet, many people are forced out of properties or, take the heart breaking decision to give up their family pets. However, things are about to change.

Under the Renters (Reform) Bill which is currently being considered by Parliament, tenants will have the legal right to request a pet in their home. The Landlord will not be able to refuse any reasonable request.

In Wales, a tenant can ask to have a pet living with them and a landlord has 28 days in which to reply with details of why he/she/they are unprepared to accept a pet. If a Landlord misses the 28 day deadline, then they are deemed to have accepted the pet. If they decline and their reasons are not acceptable, then the tenant can make an application to Court and the Landlord could be ordered to pay those costs.

So it is looking a lot more promising now for families and their beloved pets. If you have any questions, then please phone our dedicated housing team at NewBold who will be very happy to assist you.

Disclaimer: the above does not constitute legal advice.

Renters Reform Bill  Newbold Solicitors strive to keep up with the law and protect our clients. The Renters Reform Bill is a new piece of proposed legislation expected to be implemented later this year or early 2024. The Bill sets out to improve the private and social housing sector. The aim is to remove Section 21 orders, due to there being a lack of reasoning and it is seeing more and more people homeless. There is also a drive to protect social tenants against failing landlords by enforcing regular inspections. Though the bill focuses on the rights of contract holders, landlords’ rights are also in review. Private Renting – Private renters will have the opportunity to settle their disagreements with their landlord at a low cost and without going to court. UK Parliament is looking to establish new grounds for possession for private landlords who wish to sell their property, without the use of Section 21. Though the bill is being implemented mainly for contract holders, landlords will now be able to evict based on antisocial behavior with ease. Mandatory evictions for contract holders that have been in rent arrears more than 3 times in a year will be implemented. Social Housing - Social housing renters are also protected under the Social Housing Regulations Bill, both in combination are setting out to protect social housing tenants from being blamed for their houses falling into disrepair. Landlords will now have to make regular inspections and undergoing regular maintenance. The social renting sector may be more difficult to regulate as the governing authority must keep up with the new regime. There are around 90,000 social homes needed every year, it may be difficult for landlords to manage. Why it is needed - There was a report that 29% of those living on welfare are in “non-decent” homes, there is also a recorded average moving cost of 1400. The aim is to help contract holders during the cost-of-living crisis. Section 21 has been said to be exploited by landlords and it is suggested that short term contracts are increased for 6 months to 12. The abolishment of fixed term tenancies combined with that of section 21 is supposed to give contract holders more security in renting. All landlords will be governed by section 8 of 1988 act. Although, it has been recommended that fixed term contracts are used in the student private renting sector. If you have any issues regarding a tenanted property, please do not hesitate to get in touch with our housing team today by calling 0333 060 3407 or filling out the contact form.