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.
