Private tenants

New Laws Relating to Smoke & Carbon Monoxide Detection in Private Rented Accommodation

NEW LAWS FROM 1^stOctober 2015

Landlords will be required by law to install working smoke and carbon monoxide alarms in their properties.

Landlords will be required by law to install working smoke and carbon monoxide alarms in their properties, under measures announced by Housing Minister Brandon Lewis today (11 March 2015).

The move will help prevent up to 26 deaths and 670 injuries a year.

The measure is expected to take effect from October 2015, and comes with strong support after a consultation on property condition in the private rented sector.

England’s 46 fire and rescue authorities are expected to support private landlords in their own areas to meet their new responsibilities with the provision of free alarms, with grant funding from government.

This is part of wider government moves to ensure there are sufficient measures in place to protect public safety, while at the same time avoiding regulation which would push up rents and restrict the supply of homes, limiting choice for tenants.

Housing Minister Brandon Lewis said:

In 1988 just 8% of homes had a smoke alarm installed – now it’s over 90%.

The vast majorities of landlords offer a good service and have installed smoke alarms in their homes, but I’m changing the law to ensure every tenant can be given this important protection.

But with working smoke alarms providing the vital seconds needed to escape a fire, I urge all tenants to make sure they regularly test their alarms to ensure they work when it counts. Testing regularly remains the tenant’s responsibility.

Communities Minister Stephen Williams said:

We’re determined to create a bigger, better and safer private rented sector – a key part of that is to ensure the safety of tenants with fire prevention and carbon monoxide warning.

People are at least 4 times more likely to die in a fire in the home if there’s no working smoke alarm.

That’s why we are proposing changes to the law that would require landlords to install working smoke alarms in their properties so tenants can give their families and those they care about a better chance of escaping a fire.

Ensuring the safety of tenants

Other measures to support the private rented sector include investing £1 billion in building newly-built homes specifically for private rent, giving tenants support against rogue landlords and publishing a How to rent guide so tenants and landlords alike are aware of their rights and responsibilities.

The proposed changes to the law would require landlords to install smoke alarms on every floor of their property, and test them at the start of every tenancy.

Landlords would also need to install carbon monoxide alarms in high risk rooms – such as those where a solid fuel heating system is installed.

Those who fail to install smoke and carbon monoxide alarms would face sanctions and could face up to a £5,000 civil penalty.

This would bring private rented properties into line with existing building regulations that already require newly-built homes to have hard-wired smoke alarms installed.

And it’s in line with other measures the government has taken to improve standards in the private rented sector, without wrapping the industry up in red tape.

Further information

New regulations will be laid in Parliament to require landlords to install smoke and carbon monoxide alarms in their properties, and will to come into force, on 1 October 2015.

https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords

Housing Options can supply landlords with a Smoke Detection/ Carbon Monoxide Release Forms on request

Last Updated: 18/12/2018

New Laws to Protect Tenants from Eviction

Approximately 88% of tenants say they are unaware of a new law introduced on 1^st October 2015 that is intended to protect them from so called retaliatory or revenge evictions, according to findings from leading landlord association*.

The new law, introduced as part of the Deregulation Act, will prevent landlords from ending a tenancy using a section 21 or ‘no fault’ notice if they fail to address a complaint about the state of repair of the property that is made by their tenant to the local authority.

The NLA is calling on local councils to provide a clear framework for how they plan to deal with complaints in order to ensure that legitimate ones are taken seriously and that spurious ones don’t unnecessarily prolong the possession process.

“These kinds of evictions are extremely rare but we have to make sure that complaints by tenants don’t just get lost in the system, regardless of whether they’re legitimate or not.

“The majority of landlords only choose to end a tenancy if it’s absolutely necessary, so we have to make sure that the system isn’t abused by those simply trying to prolong the evictions process.

“We all know that local councils are under-resourced but housing problems must take priority. If a tenant complains about a potentially hazardous issue then both they and their landlord should have a clear expectation of how and when the council will deal with it.

“If a council fails to act on complaints then it will undermine the law and tenants’ confidence in a system that’s supposed to protect them”.

The research, which also asked tenants why their last tenancy came to an end, found that:

Just 9% of tenants feel they were asked to leave a private rented property after asking for repairs or maintenance to be carried out
82% of tenants say they feel assured by the new law
78% said their last tenancy ended at the their own request
15%ended because the landlord wanted to sell the property.
Just 4% ended because the tenant could no longer afford the rent
1% ended because the tenant was in arrears

Last Updated: 18/12/2018

Private Tenants and Landlords

Your landlord's duties

Your landlord has a responsibility to make sure the property or accommodation you are renting is maintained to a certain standard.

Repairs

Unless the tenancy has a fixed term of more than seven years, the landlord is responsible for repairs to:

- The structure and exterior of the property
- Baths, sinks, basins and other sanitary installations
- Heating and hot water installations

Responsibility for other repairs depend on what agreement (if any) you have arranged with your landlord. The landlord is not responsible for repairing damage a tenant has caused. The rent the landlord charges can include a sum to cover the cost of repairs - but the landlord cannot pass this cost on to the tenant in the form of a separate service charge.

Safety of gas and electrical appliances

Landlords are required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a gas engineer who is registered with the Gas Safe.
The landlord must keep a record of the safety checks and issue it to the tenant within 28 days of each annual check. The landlord is not responsible for maintaining any gas appliances the tenant is entitled to take with them at the end of the letting.

Fire safety of furniture and furnishings

Landlords must ensure that any furniture and furnishings they supply meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988 - unless they are letting to you on a temporary basis whilst, for example, working away from home.
The regulations set levels of fire resistance for domestic upholstered furniture. All new and second hand furniture provided in accommodation that is let for the first time, or replacement furniture in existing let accommodation, must meet the fire resistance requirements unless it was made before 1950.
Most furniture will have a manufacturer's label on it saying if it meets the requirements.

Access

The landlord, or his or her agent, has a legal right to enter the property at reasonable times of the day to carry out the repairs for which they are responsible and to inspect the condition and state of repair of the property.

The landlord, or their agent, must give a tenant 24 hours' notice in writing of an inspection. Terms for access and procedures for getting repairs done are often included in the tenancy agreement to avoid any confusion at a later date.

Housing Repairs

The Council can help tenants who rent from a private landlord by requesting the owner to carry out appropriate repairs and improvements. Repairs include leaking roofs, dangerous wiring, dampness and improvements to kitchen and bathroom facilities.

Tenancy Relations

Tenants involved in a dispute with their landlord can seek help and advice from the Housing Options Team. Enquiries from tenants and landlords of privately rented homes can be dealt with.

Landlords should also ensure that the electrical system and any electrical appliances that they supply (such as cookers, kettles, toasters, washing machines and immersion heaters) which he supplies are safe to use.

Landlord responsibilities

Repairs

Unless the tenancy has a fixed term of more than seven years, you are responsible under the Landlord and Tenant Act 1985 for repairs to

The structure and exterior of the property
Baths, sinks, basins and other sanitary installations
Heating and hot water installations
If you are renting out a flat or maisonette, other parts of the building or installations in it which you own or control and whose disrepair would affect your tenant.

Responsibility for other repairs depends on what you agree with the tenant. You are not responsible for repairing damage caused by him or her. The rent you can charge can include a sum to cover the cost of repairs but you cannot pass the costs on to the tenant in the form of a separate service charge.
Safety of gas and electrical appliances
You are required by the Gas Safety (Installation and Use) Regulations 1998 to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a gas engineer who is registered with the Gas Safe.
You must keep a record of the safety checks and issue it to the tenant within 28 days of each annual check. You are not responsible for maintaining any gas appliances the tenant is entitled to take with him or her at the end of the letting.
You should ensure that the electrical system and any electrical appliances that you supply such as cookers, kettles, toasters, washing machines and immersion heaters are safe to use.
Fire safety of furniture and furnishings
You must ensure that any furniture and furnishings you supply meet the fire resistance requirements in the Furniture and Furnishings (Fire) (Safety) Regulations 1988, unless you are letting on a temporary basis whilst, for example, working away from home.
The Regulations apply if the let is for a longer period or for a series of lets, where the property is regarded primarily as a source of income rather than your home. If you are not sure whether the regulations apply to you, seek advice from the Trading Standards Department of your local authority.
The regulations set levels of fire resistance for domestic upholstered furniture. All new and second hand furniture provided in accommodation that is let for the first time, or replacement furniture in existing let accommodation, must meet the fire resistance requirements unless it was made before 1950.
Most furniture will have a manufacturer's label on it saying if it meets the requirements.
Access
You, or your agent, have the legal right to enter the property at reasonable times of the day to carry out the repairs for which you are responsible and to inspect the condition and state of repair of the property.

You must give the tenant 24 hours' notice in writing of an inspection. It is also helpful to set out the arrangements for access and procedures for getting repairs done in the tenancy agreement.

Housing Options Home Finder Service

Home Finder Service

The Home Finder Scheme provides people with the opportunity to move into a home of their choice and to avoid homelessness AND a stay in temporary accommodation.

By providing choice and to avoid homelessness AND a stay in temporary accommodation.

By providing the advice, support and financial assistance (through the Churches Housing Coalition), the Council has increased the housing options available to people who are homeless or threatened with homelessness.

Managed by the Council’s Housing Options Team, the home finder scheme is very flexible. It can be used, for example, to prevent private tenants from becoming homeless by helping them to find alternative accommodation when their existing tenancy is coming to an end.

The scheme also offers great benefits to landlords or letting agents. Cannock Council can refer you to the Churches Housing Coalition to asssist with the **loss and damages guarantee and **rent in advance to a landlord or letting agent in order to obtain accommodation for a client in the private rented sector.

**If the landlord is willing to work with the terms and conditions of the scheme

Before a property can be let under the home finder scheme, the Council will carry out a series of checks to ensure that it is affordable, safe and fit for habitation.

An officer from the Housing Options Team will inspect the property to check that is in a reasonable condition. If there is a gas supply, they will request a valid Landlord Gas Safety Certificate.

Under the home finder scheme, letting agreements will normally be assured shorthold tenancies of at least 6 months.

This service is only available to residents of Cannock Chase District. If you live outside of the district we can advise of Lettings Agents who can offer properties with the Cannock Chase District.

Rent Advance and Deposit Guarantee Scheme

The Curches Housing Coalition

The Churches Housing Coalition are a registered charity who assist young adults to secure accommodation in the Private Rented Sector, by offering them a maximum of four weeks rent in advance in line with Local Housing Allowance and a loss and damages guarantee to the Landlord**. THIS SCHEME DOES NOT COVER ANY BONDS.

If you will be in receipt of housing benefits, before you move in or sign any tenancy agreement, you will need to see the Churches Housing Coalition. The Churches Housing Coalition will offer you four times the weekly amount decided by the Local Housing Allowance.

For further information and to establish whether you are eligible for the scheme, please contact The Civic Centre in person or telephone 01543 464500 on Mondays between 10am and 1pm , and on Wednesdays and Fridays between 10 am – 12:30 pm , and ask to speak to a volunteer from the Churches Housing Coalition.

**Your Landlord will need to agree with the terms and conditions of the scheme.

Houses in Multiple Occupation

Find out whether you need a licence and how to apply for one here.

The law concerning HMO’s is changing. From 1 October 2018 many HMO’s that did not previously require a licence will need one. If you manage, control or own one of these HMO’s you must apply and be granted a licence in advance of this date if you wish to have people occupy it beyond that date.

The Licensing of Houses in Multiple Occupation (Prescribed Description) (England) Order 2018 removed the criteria relating to the number of storeys so that both single and two storey HMO’s will now require a licence.

What is a HMO?

The Housing Act 2004 provides the definition of a HMO. A HMO is a building (or part of a building, such as a flat), that meets one of the following criteria:

Is occupied by more than one household and where more than one household shares, or lacks an amenity, such as a bathroom, toilet or kitchen.
Is occupied by more than one household and which is a converted building, but not entirely into self contained flats (whether or not some amenities are shared or lacking).
Is converted self contained flats, but does not meet as a minimum standard the requirements of The Building Regulations 1991, and at least one third of flats are occupied under short tenancies.

A single household is formed by members of the same family, or single people, or mixed or same sex couples.

There are six categories of HMO:

A - Houses let as bedsits.

B - Shared houses.

C - Houses let as lodgings.

D - Hostels and bed and breakfast accommodation.

E - Residential care homes.

F - Self-contained accommodation.

Which HMO’s require a licence by 1 October 2018?

A HMO will require a licence when all of the following criteria are met:

It is occupied by five or more people, regardless of their age.
Those people are from more than one household.
It is the only or main residence for those people
It has shared facilities such as a kitchen, a bathroom or toilet.

How do I apply?

Application Form

You can download a HMO licence application form below.

Guidance Notes can be viewed at the bottom of this section

Completed application forms should be returned with the correct fee to:

Cannock Chase District Council

Environmental Health

Civic Centre

Beecroft Road

Cannock

WS11 1BG

Guidance Notes

Before applying, please ensure you download, read and understand these guidance notes.

Fee

The application fee for a HMO licence is £869.17. A licence will usually last for five years.

Are there any conditions I need to meet before a licence is granted?

Yes. A licence will only be granted to a fit and proper person. The HMO must be in a decent condition and free of hazards that may affect the health and safety of the people living there.

How will you process my application?

We will acknowledge receipt of your application.
We will check to make sure that the application form is complete and that you have provide the necessary documents and application fee. If not, your application will be returned.
We may share the information you provide in the application form with other organisations such as the Staffordshire Police or Staffordshire County Council.
We will then arrange to inspect the HMO in order to let you know of any improvements that are necessary before a licence can be granted.
We will notify you of our decision within 28 days after we have confirmed the HMO has achieved the necessary standard.

What if I am not granted a licence before 1 October 2018?

From 1 October 2018, any HMO requiring a licence may only be occupied once the licence has been granted. If you manage, control or own one of these HMO’s and occupy it without a licence then you commit a criminal offence for which the maximum penalty is an unlimited fine. As an alternative to prosecution, the Council may instead impose a financial penalty of up to £30,000 in accordance with the Housing and Planning Act 2016. It is therefore important to apply for a licence early.

What will happen during the inspection?

The officer will carry out a full inspection which will include looking at the:

State of repair.
Provision of amenities.
Level of occupation.
State of management.
Fire safety.
Gas safety.
The presence of any hazards under the Health and Safety Rating System (HHSRS).

Where can I get information and advice?

Residential Landlords Association

www.gov.uk

Contact us

For more information, please contact Environmental Health on environmentalhealth@cannockchasedc.gov.uk or 01543 462621.

Houses in Multiple Occupation

Application Form Guidance Notes

Under Part II of the Housing Act 2004, which came into force on 6^th April 2006, anyone who owns or manages a HMO that must be licensed, will have to apply for a licence from the Local Authority in which the dwelling is situated.

The Housing Act 2004 makes licensing compulsory for HMOs that are:

3 or more storeys high and
have five or more people in more than one household and
share amenities such as bathrooms, toilets and cooking facilities.

In order to assist you in completing your application form further explanation has been provided relating to the different parts of the application forms and for some of the terms which have a particular meaning in relation to HMOs.

Application Form

The Application Form is in 8 parts for ease of use - please read these notes before you complete the form.

Part 1: Details of the Owner - Information relating to the ownership of the property. If you have more than one property to be licensed a separate form will need to be completed for each property.

Part 2: Details of the Proposed Licence Holder – Information relating to the person who will hold the HMO Licence. This may be the owner, a manager or any other person nominated by the owner with agreement. In the case of a Company, a nominated individual needs to be identified as the proposed licence holder. The declaration must be signed at the end of this section if the proposed licence holder is not the owner.

Part 3: Managers Details - To be completed if a manager is employed. If the owner manages the property this part does not need to be filled in.

Part 4: Fit and Proper Person - All parts to be completed by the owner, manager and other nominated person (if applicable). The declaration must be signed at the end of this section.

Part 5: Details of the Property to be Licensed – a sketch plan with measurements showing location, size, basic amenities and fire precautions in each room. A different page should be used for each storey. This section also requires a description of the property, nature of occupation and the facilities provided.

Part 6: Services and Management – The Council must inspect the property within 5 years of granting the Licence. This section requests details that will enable the Council to make an assessment of the priority for inspection of the property.

Part 7: Declaration of the Applicant and Proposed Licence Holder – This section must be signed by person completing the application form and the proposed licence holder as a declaration that the information provided is true and accurate.

Part 8: Declaration of Notifications by the Applicant and Proposed Licence Holder – This section must be signed by the person completing the application form and proposed licence holder as a declaration that all relevant people have been notified of the HMO licence application to the Council.

Glossary of Terms

AGENT – Someone appointed by the landlord to carry out some or all of the duties on behalf of the owner. This may be a professional property manager, associate or relation of the owner. The agent may or may not be paid by the owner.

BUILDING REGULATION APPROVAL – A document issued by the Local Authority which following the submission of plans and/or specifications indicates that any work to be carried out to the property which requires Building Regulation Approval has been assessed by the Local Authority and approval given for the work to proceed.

BUILDING REGULATION COMPLETION CERTIFICATE – A certificate issued by the Local Authority which indicates that specified building work carried out in the property has been completed to a standard compliant with the Building Regulations in force at the time the work was done.

ELECTRICAL SAFETY INSPECTION – A regular and appropriate inspection of the electrical wiring system is required to ensure that the health and safety of your tenants is not compromised. The owner is required to provide certification that the electrical system and any fixed appliances provided by the owner have been examined, by a competent person who is registered with an electrical regulatory body, confirming that they are functioning properly and are safe. The electrical examination and certificate must comply to BS 7671. Such examination should be carried out at least once every five years.

FEE – The fee charged by Cannock Chase District Council is £380 per property application and reflects the cost to the Council of making a decision on the licensing of the property in accordance with the Housing Act 2006. Payment can be made by cash, cheque or card at the Council offices in Beecroft Road, Cannock, or by cheque posted to the Council offices.

FIRE DETECTION AND WARNING SYSTEM – A system of smoke and/or heat detectors and sounders properly designed and installed to comply with one of the following British Standards;

BS 5839 Part 1
BS 5839 Part 6

FIT AND PROPER PERSON – The Local Authority will carry out checks to make sure that the person applying for the licence is a fit and proper person. In deciding whether someone is fit and proper the Local Authority must take into account;

any previous convictions relating to violence, sexual offences, drugs or fraud
whether the proposed licence holder has broken any laws relating to housing or landlord and tenant issues
whether the proposed licence holder has been found guilty of unlawful discrimination
whether the proposed license holder has previously managed HMOs and has not complied with relevant legislation.

Convictions which are spent under the Rehabilitation of Offenders Act 1974 do not need to be declared.

GAS SAFETY INSPECTION – Under the Gas Safety (Installation and Use) Regulations 1998 the owner must have an annual gas safety check on all gas appliances by a CORGI registered gas installer. A certificate is provided on completion of this inspection.

HMO – A House in Multiple Occupation as defined by sections 254 to 259 Housing Act 2004 and it applies to a wide range of housing types and includes;

a building or part of a building, which consists of one or more units of living accommodation not consisting of a self-contained flat or flats;
the living accommodation is occupied by persons who do not form a single household;
where two or more of the households who occupy the living accommodation share one or more basic amenities or the living accommodation is lacking in one or more basic amenities;
buildings converted into self-contained flats if more than one third of the flats are tenanted and the conversion does not comply with Building Regulations 1991 or subsequent Building Regulations.

LETTING UNITS – The number of units of accommodation you offer in the house. The number should be the same as the maximum number of tenancy agreements you might have at any one time. This may be different to the number of tenants as some units may be occupied by more than one person.

LICENCE – The licence cannot relate to more than one property nor can it be transferred to another person. The licence will clearly state when it comes into force and when it ends, licences cannot last longer than 5 years.

LIVING ACCOMMODATION – Rooms in the house which are used for everyday living activities but excludes bedrooms, kitchens, bathrooms, uninhabitable rooms, hallways, landings, stairwells, passages and cupboards. Where a room has a dual function in that it is used as a bedroom and living room, it should be classed as sleeping accommodation.

MANAGER – The person or company appointed by the owner expressly for the purpose of managing the house. The manager may be an employee of the owner. The manager will act under the instruction of the owner and will have the powers and duties given to him by the owner. In order for the manager to be eligible to be considered as the licence Holder the manager must have at least the following powers;

to let to tenants and terminate tenancies in accordance with the law
to access all parts of the premises to the same extent as the landlord; and
be authorised to approve expenditure of up to 25% of the yearly rental income of the property for necessary repairs etc.

The manager must be able to travel to the property within a reasonable time unless there are arrangements in place to cover every eventuality which might otherwise demand his presence. If no manager is appointed then the owner will be the manager.

OWNER - The person who has the legal right to dispose of the property, this may be by virtue of being the freeholder, the leaseholder with rights to dispose or as a result of some form of agreement with the freeholder.

PAT (Portable Appliance Test) – Owners who provide electrical appliances for use by tenants are under an obligation to ensure that they are safe to operate. Portable appliances are generally defined as equipment that has a cable and plug and which is capable of being moved from one place to another. A refrigerator connected to a dedicated socket would be regarded as a portable appliance, whereas a wall-mounted electric heater would be regarded as an installation as it would not normally be moved.

PERSON(S) – In respect of the number of people occupying the HMO means persons of all ages including newly born children.

PERSON HAVING CONTROL – The person who receives the ‘rack rent’ of the premises.

PLAN (of property) – In order to license a HMO the Council has to obtain certain information about the property to assess the type of property it is an what amenities and installations there are – a plan is the most effective way of doing this. The council is not insisting that the plans have to be professionally drawn. Detailed plans such as those required for a Building Regulations application are not required, just sufficient to understand the proportions and layout of the house along with the locations of amenities and fire safety measures.

PLANNING CONSENT – A document issued by the Local Authority which, following the submission of plans and/or specifications and/or information, indicates that the building complies or will comply with relevant planning criteria.

(PROPOSED) LICENCE HOLDER – The person entitled to apply for, or has been awarded, a licence in respect of a HMO. The owner will normally be the licence holder except where the owner elects for some other person to hold the licence and the Local Authority agrees to this.

SINGLE HOUSEHOLD – persons who are all members of the same family. A single household can comprise;

married or cohabiting couples (includes same sex couples)
relations - parent grandparent, child, grandchild, brother, sister, uncle, aunt, nephew or niece.
a single person

for example a house occupied by;

Mrs & Mrs Smith, their two children and Mrs Smith’s mother
Robert Salt – a single person
Janet Jones and Mary Hughes – a same sex couple
John Taylor and Erica Cox – an unmarried couple

would contain four households.

A house containing five single but unrelated people would contain five households.

SLEEPING ACCOMMODATION – Rooms within the house in which a bed or beds or other furniture for sleeping is provided. (see also LIVING ACCOMMODATION)

STOREY – The number of floors, including basement floors and attics, in the building which are capable in whole or part of being used for the purposes of habitation. Storeys used wholly for commercial purposes should also be counted. Note that this definition relates only to how storeys are counted for determining whether the HMO is licensable. Storeys may be counted differently for the purpose of determining the type of fire precautions required.

HMO Application Form

Understanding Your Rights & Responsibilities As A Tenant

Even before you start searching for a property to rent, it's important to understand the legal aspects of being a tenant.

When you become a tenant, you take on certain responsibilities in exchange for certain rights. Your tenancy agreement will typically be 2-5 pages long and very detailed. It lists your responsibilities so read it carefully. As a minimum, it will show:.

The names of the landlord and tenant
How much the rent and deposit is
When the rent will be reviewed
The address for the landlord or agent who will be looking after the property.

The main things you must do are as follows:

Pay rent on time - normally one month in advance
Pay other bills. In most long-term lets, you'll be paying council tax, utilities (including water), TV licence and telephone charges
Respect neighbours - so no making noise, putting rubbish in the wrong place or obstructing common areas
Look after the property.
Get contents insurance

The agent's job might be to market the property, arrange signing of agreements and payment of the first month's rent and deposit.

After that, you may find you are dealing directly with a landlord who will look after the management. However, most landlords tend to leave the management up to the letting agent.

The good news is that you are not expected to maintain the building - that's the landlord's job. But you should behave in such a way that the building is properly cared for.

For example, you must:

Tell your landlord if you are going away for longer than 14 days - because this will affect his/her insurance policy
Keep the property secure at all times - so lock it when you go out and don't give keys to anyone else
Tell your landlord when things need fixing to avoid bigger problems later - e.g. a leaking pipe, if not maintained, could make a ceiling collapse
Do basic maintenance - e.g. change light bulbs and smoke alarm batteries.

Obviously, you must not engage in any illegal activity at the property and nor can you:

Alter the property in any way, including hanging anything on the walls or re-decorating without written permission from your landlord
Use the property as a business
Sub-let....unless, of course, the landlord says you can.

Tenancy types

Assured Shorthold tenancy

Most new tenancies today are Assured Shorthold Tenancies (AST)

These usually include a 'fixed term' of 6 months. Where there is no fixed term, the tenancy is called a 'periodic tenancy'.

Under an AST, as long as the terms of the tenancy have not been breached, the landlord cannot regain possession until after six months (or longer if the fixed term is longer) - unless you agree he or she can.

However, after the fixed term has ended (or six months if there was no fixed term), he or she can regain possession by giving you two months notice in writing.

So, as you can see, with an assured shorthold tenancy you don't have security of tenure.

Periodic tenancy

If you want, you and the landlord can agree to extend the tenancy so it becomes what's called a periodic tenancy, without needing to issue a new agreement. This can also occur by both landlord and tenant not making any arrangements at the end of the term of tenancy, resulting in the term automatically lapsing in to a periodic tenancy.

On a periodic tenancy, if your landlord wanted the property back, he or she would still need to give you two months' notice. Or if you wanted to leave, you would need to give notice - which would be a month's notice if the rent was paid monthly or four weeks if paid weekly.

Assured tenancy

Another tenancy type is the Assured Tenancy (AT) - which is like an AST but it can only be ended by the landlord if you seriously breach the terms of the agreement. With an AT, the landlord cannot just give you notice to leave.

Rent Act

Another less common form of tenancy is the Rent Act tenancy - these old types of tenancy give tenants more security of tenure, but they are very rare nowadays.

If you rent a room from a live-in landlord, you have very few rights and your stay can be ended without the landlord having to give two months' notice.

Here are our other tips for a trouble-free time as a tenant:

Never enter in to a tenancy unless there is a written tenancy agreement
Get the phone numbers and email of whoever will be looking after the property so you can contact them if something goes wrong
Keep a date record and a copy of all correspondence, including phone calls, and keep a copy of the agreement and inventory
Check the tenancy agreement for any unfair terms, e.g. a clause that allowed the landlord to come in at any time without giving notice would be unfair
If repairs need doing, be flexible and allow workmen to come in to the property - but confirm how long work will take first
Don't sign up for a long, fixed-term tenancy agreement unless you really are sure you will stay that long - because if you leave early you'll probably have to pay until the end of the term
If you have a problem, talk to the landlord or agent - most will be pleased to help and keep good tenants
Where you are 'jointly and severally liable' with others for the rent, you can be pursued for the whole rent. So pick housemates you trust!

Deposits and inventories

In most cases, you'll be asked to pay a deposit. Get a receipt for it.

The deposit will usually be equal to around four to seven weeks' rent. You pay it to the landlord or agent and they can keep some or all of it if you cause damage to the property (beyond fair wear and tear)

If you have an Assured Shorthold Tenancy in England and Wales, which started on or after 6th April 2007 where a deposit was taken, that deposit must be protected in one of the government approved Tenancy Deposit Schemes (TDS).

The deposit is administered by the scheme throughout the tenancy and will be returned in full shortly after the end of the tenancy, providing the property is returned in the same condition as you found it at the start of the tenancy. Usually, no interest is paid on the deposit.

If, at the end of the tenancy you feel that your deposit has been withheld unfairly, the organiser of the TDS can step in and sort out disputes with your landlord.

For the latest information on Tenancy Deposit Schemes, visit the www.Gov.uk

Here are our tips to help you get your deposit back and avoid disputes:

Get a detailed inventory done at the start and end of the tenancy, listing everything in the property and its state and condition
Be there when the inventory is being done. If that's not possible, then insist on seeing a copy and check it is correct. Tell the landlord or agent in writing if it's wrong
If the landlord or agent doesn't do an inventory, make one yourself as soon as you move in
Check and list everything carefully - look under carpets, on both sides of mattresses - and note all damages, marks or scratches, as well as how clean everything is. Take photos where possible
Sign and date the inventory and send a copy to the landlord or agent
Return the property and everything in it in the same condition at the end of the tenancy
Repeat the inventory process when you move out - again, itemise everything, take photos and send it to the agent or landlord
You may be required, as a condition of the agreement, to have carpets professionally steam cleaned
At the end of the tenancy, you'll have to repair any damage you've caused and replace items that cannot be made good or you can expect to be charged for them
If the landlord removes anything from the property during the tenancy, get them to sign for it.

Your rights as a tenant

You have a right to covenant of quiet enjoyment of the property and your landlord must give at least 24 hours notice if they want access (except in an emergency). Most lettings agents inspect a property quarterly to check everything is in order.

The landlord must also:

Insure the property
Look after and pay for the cost of repairs to the structure and exterior, as well as electrical, heating, hot water and sanitary installations
Return the deposit at the end of tenancy in full, or set out why deductions have been made from it
Only evict with a court order
Ensure all soft furnishings comply with the Furniture and Furnishings (Fire) Safety Regulations 1988 and are fire safety compliant. Look for the fire safety label on all furnishings
Ensure that gas appliances, fittings and flues are safe for your use and that installation, maintenance and annual safety checks are carried out by a Corgi registered gas installer. They must give you a certificate called a CP12 showing everything is safe
Ensure that electrics are safe, with operating instructions and safety notices supplied, before a letting starts
'reasonable adjustments' to accommodate tenants with disabilities.

Your landlord cannot:

Change locks without telling you or giving you a new set of keys
Cut off utilities
Interfere with your mail
Verbally or physically threaten you
Neglect the property.

Certain shared houses (called Houses in Multiple Occupation or HMOs) have to be licensed under special rules which also require that the property meets certain extra fire and electrical safety standards.

All places built after June 1992 and all HMOS must have mains wired smoke detectors on each floor and licensable HMOS must have a full electric inspection done every five years.

Before you sign the tenancy agreements, you should:

Make sure you have seen the gas safety certificate and instructions for all electrical items
Be satisfied that all the furniture (if supplied) is safe
Have keys for all exit doors
Check the inventory carefully and note anything that has been missed or is incorrect - please re-read our section on 'Deposits and Inventories' carefully.

Tenancy Deposit Protection

What is Tenancy Deposit Protection?

Each scheme offers an alternative dispute resolution service which is designed to make disputes over the repayment of deposits faster and cheaper to resolve than going to court.

How does Tenancy Deposit Protection work?

The landlord or agent can choose which of the three government authorised schemes they use to protect the deposit.
The landlord (or their agent) must provide the tenant with details (Prescribed Information as defined in the Housing (Tenancy Deposits) (Prescribed Information) Order 2007) of how their deposit has been protected within the same 30 day period.

Who are the three government authorised Tenancy Deposit Protection schemes?

MyDeposits and the Tenancy Deposit Scheme are insurance-based schemes, where a fee is payable to insure against misappropriation of the deposit.

What is the difference between the custodial and insurance-based schemes?

Unlawfully retaining the deposit at the end of the tenancy. If the landlord or agent does not pay the tenant the amount they are owed at the end of the tenancy, the scheme will pay the tenant through their insurance and try to get the deposit back from the landlord or agent I am a tenant - how do I know if my deposit has been protected?

If you are not sure whether your deposit has been properly protected you can check directly with the schemes on-line:

The Deposit Protection Service

http://www.depositprotection.com/

Telephone: 0844 4727 000

MyDeposits

http://www.mydeposits.co.uk/

Telephone: 0844 980 0290

The Tenancy Deposit Scheme

http://www.tds.gb.com/

Telephone: 0845 226 7837 I am a landlord who uses an agent - which of us should protect the deposit?

The contract you have with your agent should make it clear what will happen with the deposit.
The provision of the deposit at the end of the tenancy period is ultimately the responsibility of the landlord even if he or she has passed that responsibility on to a third party, such as an agent. Landlords are advised to satisfy themselves that the deposit has been properly protected and the statutory requirements met.

What happens to the deposit at the end of the tenancy?

At the end of the tenancy the landlord and tenant should agree on the return of the deposit and whether there should be any deductions. If the tenant is unhappy with the amount the landlord wishes to deduct from the deposit, or the landlord/agent refuses to engage in the deposit return process, the tenant is entitled to raise their dispute with the relevant tenancy deposit protection scheme. There is a legal process (single claim) to be followed if the deposit is protected with the custodial scheme in the event that either party refuses to engage in the deposit return process.

Where the landlord and tenant agree how the deposit should be apportioned:

Under the custodial scheme, the scheme will pay out the agreed sum of money within 10 days of being advised of the agreement;
Under the insurance-based schemes, the landlord or agent will pay the tenant the agreed sum of money within 10 days of the agreement.
If the landlord and tenant do not agree how the deposit should be apportioned they must decide whether to use the scheme's alternative dispute resolution service or go to Court

Where the landlord and tenant agree how the deposit should be apportioned:

Under the custodial scheme, the scheme will pay out the agreed sum of money within 10 days of being advised of the agreement;
Under the insurance-based schemes, the landlord or agent will pay the tenant the agreed sum of money within 10 days of the agreement.
If the landlord and tenant do not agree how the deposit should be apportioned they must decide whether to use the scheme's alternative dispute resolution service or go to court.

How does the alterative dispute resolution service work?

Under the insurance based schemes the landlord or agent must pay the disputed amount of the deposit to the scheme within 10 days of the scheme directing them to do so.
The landlord/agent and tenant will be asked to provide evidence to support their claim and the case will be decided by an independent adjudicator based on the evidence provided.
If you are bringing the dispute, you must provide evidence to support your claim. If you are responding to the dispute, you should also provide evidence to support your point of view. Remember that the deposit belongs to the tenant unless the landlord or agent can establish a valid claim.
The three schemes have produced a 'Guide to Deposits, Disputes and Damages' to help landlords and tenants understand the alterative dispute resolution process and to ensure consistency in adjudication decisions across the three schemes. The Guide can be found on each of the scheme websites.
The decision of the adjudicator will be binding and there is no right of appeal against the decision.
The schemes will pay out the disputed amount within 10 days of being notified of the adjudicator's decision.

Are there any limits to what adjudication can cover?

If one of the parties says they intend to take the matter to court, the schemes will hold the deposit until clear instructions are received from the court. If you are taking the dispute to court, you should ensure that the court order gives the relevant scheme a clear payment instruction.
An adjudicator can only make an award for amounts claimed by a landlord against a deposit paid by a tenant. If the tenant has a counter-claim against their landlord, they must take it up with the landlord directly and seek independent legal advice if necessary. An adjudicator cannot take account of such issues when deciding how the disputed deposit should be split.
An adjudicator can only award up to the amount of the deposit. If the amount claimed is more than the deposit, the adjudicator will treat the claims in the order set out in the tenancy agreement, where this has been specified. The adjudicator will say who they think should receive an award; and for how much, up to the extent of the deposit. A landlord who wishes to pursue the tenant(s) for extra amounts will need to seek further advice. Further information about the Scheme's alterative dispute resolution services can be found on their websites.

What happens if I am unable to contact my landlord/tenant about the return of the deposit?

You should inform the relevant scheme that you have been unable to contact the other party and they will advise you of the process to be followed, which will vary according to the scheme.

What happens if a deposit has not been protected?

If a landlord fails to provide Prescribed Information the landlord cannot serve a Section 21 Notice until the Prescribed Information has been provided.
The tenant may initiate legal action through the county court. If the court finds that the landlord has not complied with the legislation the court must order the landlord to pay the applicant a sum of money between one and three times the amount of the deposit.

FURTHER INFORMATION If you have any queries about the individual schemes and how they operate you should contact the schemes directly or look at the information provided on their websites:

The Deposit Protection Service

http://www.depositprotection.com/

Telephone: 0844 4727 000

MyDeposits

http://www.mydeposits.co.uk/

Telephone: 0844 980 0290

The Tenancy Deposit Scheme

http://www.tds.gb.com/

Telephone: 0845 226 7837 Directgov

http://www.gov.uk/tenancy-deposit-protection

Prescribed Information

Prescribed information relating to tenancy deposits*

The Deposit Protection Service

NOTE: The Landlord must supply the Tenant with the Prescribed Information regarding any tenancy deposit required to be dealt with under the custodial tenancy deposit scheme.
To: (insert names of all tenants and any other person (third party) paying a tenancy deposit on behalf of a tenant)
1. The name, address and contact details of the Scheme Administrator of the Tenancy Deposit Scheme

that is safeguarding your tenancy deposit is:

The Deposit Protection Service (The DPS)
The Pavilions
Bridgwater Road
Bristol
BS99 6AA

Telephone No. 0844 4727 000

Online: Enquiry Forms are available through the Virtual Customer Service Agent or the

Frequently Asked Questions at www.depositprotection.com

2. Information contained in a leafl et supplied by the Scheme Administrator to the Landlord explaining the operation of the provisions contained in the statutory scheme.
See attached Terms and Conditions.

3. Information on the procedures applying for the release of the deposit at the end of the tenancy.
See attached Terms and Conditions.

4. Procedures that apply under the Scheme where either the Landlord or the Tenant is not contactable at the end of the tenancy.
See attached Terms and Conditions.

5. Procedures that apply under the Scheme where the Landlord and the Tenant dispute the amount to be repaid to you in respect of the deposit.
See attached Terms and Conditions.

6. The facilities available under the Scheme for enabling a dispute relating to the deposit to be resolved without recourse to litigation.
There is an alternative Dispute Resolution Scheme available enabling an independent adjudicator to decide on any dispute.
See attached Terms and Conditions for further information

* In accordance with The Housing (Tenancy Deposits) (Prescribed Information) Order 2007.

11R6MG P13

7. Tenancy specifi c information

(a) Amount of deposit paid.

(insert amount of deposit paid; in the case of a joint tenancy it should be the total amount paid)

£ ...........................................

(b) Address of property to which the tenancy relates.

(insert address of property including post code)

.................................................................................................................................................................

Name: ....................................................................................................................................................

Address including postcode:

.................................................................................................................................................................

Telephone Number: ...........................................................................................................................

Email address (if any): .......................................................................................................................

Fax Number (if any): ..........................................................................................................................

(d) Name, address and contact details of the Tenant(s) (in the case of joint tenants insert this

information for all tenants).

(1) Name: ...............................................................................................................................................

Address including postcode:

.................................................................................................................................................................

Telephone number(s): .......................................................................................................................

Email address(es): .............................................................................................................................

Fax Number(s): ..................................................................................................................................

Contact address to be used by The Landlord at the end of the tenancy:

.................................................................................................................................................................

(2) Name: ...............................................................................................................................................

Address including postcode:

.................................................................................................................................................................

Telephone number(s): .......................................................................................................................

Email address(es): .............................................................................................................................

Fax Number(s): ..................................................................................................................................

Contact address to be used by The Landlord at the end of the tenancy:

.................................................................................................................................................................

11R6MG P13

(3) Name: ..............................................................................................................................................

Address including postcode:

.................................................................................................................................................................

Telephone number(s): .......................................................................................................................

Email address(es): .............................................................................................................................

Fax Number(s): ..................................................................................................................................

Contact address to be used by The Landlord at the end of the tenancy:

.................................................................................................................................................................

(4) Name: ..............................................................................................................................................

Address including postcode:

.................................................................................................................................................................

Telephone number(s): .......................................................................................................................

Email address(es): .............................................................................................................................

Fax Number(s): ..................................................................................................................................

Contact address to be used by The Landlord at the end of the tenancy:

.................................................................................................................................................................

(5) Name: ..............................................................................................................................................

Address including postcode:

.................................................................................................................................................................

Telephone number(s): .......................................................................................................................

Email address(es): .............................................................................................................................

Fax Number(s): ..................................................................................................................................

Contact address to be used by The Landlord at the end of the tenancy:

.................................................................................................................................................................

Note: please see Note 3 below regarding the tenant's or lead tenant's responsibility to register

their contact address with The DPS and to ensure that address is updated at the end of the tenancy.

(e) Name of Third Party making the payment: ...........................................................................................

Address including postcode:

.................................................................................................................................................................

Telephone number(s): .......................................................................................................................

Email address(es): .............................................................................................................................

Fax Number(s): ..................................................................................................................................

Note: If there are additional third parties, please attach a continuation sheet with the same information

for the further third parties.

11R6MG P13

(f) Circumstances when all or any part of the deposit may be retained by the Landlord.

Refer to Clause(s) [ please insert relevant clause reference below ] of Tenancy Agreement.

I/We (being the Landlord) certify that -

(i) The information provided is accurate to the best of my/our knowledge and belief

(ii) I/We have given the Tenant(s) the opportunity to sign this document by way of confi rmation that the

information is accurate to the best of the Tenant(s) knowledge and belief

Landlord(s): ........................................... Signature(s): ...........................................

...........................................

Dated: ...........................................

Tenant(s): ........................................... Signature(s): ...........................................

...........................................

Dated: ...........................................

NOTES

(1) A copy of the Deposit Protection Service Terms and Conditions must be attached to this document.http://www.depositprotection.com/documents/terms-and-conditions.pdf

It is available to download from

(2) The tenant(s) and relevant persons (if any) agree that the lead tenant has been nominated by all the joint tenants and any relevant persons and that the responsibilities of the lead tenant are fully understood by all tenants. The responsibilities are detailed in Section 8 of the attached Terms and Conditions.

(3) It is the tenant's or lead tenant's (where relevant) responsibility to register their contact address with The DPS and to ensure that address is updated at the end of the tenancy.

(4) The document is provided by The DPS by way of information only. The DPS accepts no liability for its contents. It is the Landlord(s) responsibility to ensure it is completed accurately, served on the

Tenant(s) within 30 days of receipt of the deposit and to give the Tenant(s) an opportunity to check and sign this document.

Last Updated: 28/05/2019

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