“Do I have any?” and other questions about your rights as a renter

Image: kaboompics.com.

Around a fifth of people living in the UK rent their homes. And increasingly, they're a bit cheesed off.  

In the run up to May's London mayoral election, the #VentYourRent hashtag and blog collated renters' grisly stories of astronomica prices and lack of basic amenities. Meanwhile, the Debrief's Make Renting Fair campaign is pushing for an end to letting agency fees across England and Wales.

But a basic part of fighting back against the rather rubbish lot renters have in much of the UK is to know exactly what your rights are, because dodgy landlords are usually relying on the fact that you don't. We've collated the answers to some common questions, based on laws, information from the Citizen's Advice Bureau, and The Tenant's Rights Manuala helpful ebook summarising the law by solicitor Naomi Moore. 

It's worth noting that these guidelines are specific to England and Wales, as the law differs in Scotland and Northern Ireland. (You can find out information on your renters' rights in those jurisdictions at the Citizens' Advice Bureau.)

We've broken down the questions into sections; click on the titles below to jump to the one you need. 

Finding your property  handing over money, making sure you have furniture, and tenancy agreements 

Living there  pests, repairs, and resisting eviction

Moving out  your deposit back, and whether you need to shell out for that professional cleaner. 

Finding your flat 

Or: don’t be so grateful they’re putting a roof over your head that you forget to check the following

Do landlords have to be accredited?  

A big no, sadly. There are a few landlord accreditation schemes, plus something called the National Landlord Association, but landlords don’t have to be a member of any of them. Same goes for estate agents.

Ask from the outset if they are, though, because then you can look up the standards or code of practice they’ve signed up to and report them to the scheme if they break the rules. 

Are holding fees and letting agency fees legal?

Yes, at least for now  though every major party but the Conservatives proposed banning them in their 2015 election manifesto.  Ask early on what these will be, as extortionately high ones aren’t illegal, either.

What should my tenancy agreement have in it?

Under the Housing Act 1988, it must include: the date the tenancy began, the rent payable and its due date, the length of the term, any information about when rent will be reviewed, and any cases where the landlord wants you to take responsibility for things (e.g. specific repairs) which they would usually be liable for.

The landlord also needs to give you a copy of the latest gas safety check, which should be carried out once a year; plus an Energy Performance Certificate. 

Do I have to have one of those fiddly inventory things?

Yes. Either your agent or landlord must write out a list of the objects in the property, which you then check (with a fine-toothed comb, ideally) and sign. It's worth quibbling anything that isn't exactly as it says on the inventory if something's broken, say so that you can't be charged for it at the end of your tenancy. 

Is it illegal for my landlord to hold my deposit themselves?

Big time. Under the Housing Act 2004 deposits must be paid into a tenancy deposit scheme within 30 days, and you must be given information about where it’s being held. One exception: if your deposit is just rent paid in advance, it doesn’t need to be paid into one of these schemes. 

What furniture does the landlord have to provide?

This is a tricky one. In an unfurnished flat, nothing – you’ll need to discuss whether white goods, for example, are included, before signing your contract. 

If it’s let furnished, any furniture must be of safe, usable standard. It’s generally accepted that this should include table and chairs, sofa, bed and storage in each bedroom, heating appliances, curtains and floor coverings, a cooker, and a fridge. However, make sure you are happy with what they're providing before you sign anything. 

Living there 

Or: when the fun really begins.

What general standards must my house meet? Do I just have to put up with leaks/holes in the floor/giant roaches? 

The law is a bit mealy-mouthed on this one – basically, the property must meet health and safety standards but not much more. (There was recently a move to enshrine the fact that homes should be “fit for human habitation” in law, but this was recently rejected by the Lords.)

If something directly affects your health and safety, your landlord is obliged under law to sort it out. This can include mould or damp, asbestos, gas leaks, unsecured entrances, a lack of lighting, excessive noise due to poor sound insulation, pests, poor drainage, lack of water supply. If your landlord isn’t acting on any of these problems you have a right to take legal action

But should my landlord fix things even if they're not affecting my health?

No matter what your tenancy agreement says, the Landlord and Tenant Act 1985 stipulates that landlords are always responsible for repairs to:

  • The property’s structure and exterior;
  • Anything that comes into contact with water – basins, sinks, baths, pipes, drains;
  • Heating and hot water;
  • Anything to do with the gas;
  • Electrical wiring;
  • Any damage they inflict while fixing the above.

For other things, like broken beds, fridges, washing machines, or sofas, your landlord is generally expected to repair them unless you were directly responsible for the damage or it says otherwise in your tenancy agreement. 

Are they allowed to take ages to do it?

Depends what it is. Under law, they must carry out fixes within the helpfully vague definition of a "reasonable period of time".

Lawyer Naomi Moore rekons that for emergencies such as an electrical or gas failure, this would be around 24 hours. For leaks and roof repairs, around a week. For aesthetic problems, like plaster disrepair, broken kitchen units or problems with window or door frames, a reasonable period would be about 28 days.  

What do I do if the landlord doesn’t fix the problem within a "reasonable period"? 

Sue them! Well, not exactly. You can take legal action through your local council's Tenants Relations Officer (TRO) to seek the repairs and compensation for your inconvenience. You can also pay for the repairs yourself and then bill the landlord, though proceed with this with caution (see "Can I withold rent?", below).

In this situation it's very important that you have a paper trail. Report disrepair to your landlord by text or email so you can prove when you first told them about it, and do the same with any followup. 

Can I hang pictures/install cabinets or shelves/paint the walls?

Changes of this kind can be seen as “damage”, since they change the state of the property. As a result, it’s best to check with your landlord first, as they could deduct money from your deposit in order to return the property to its original state when you leave. And it can be a mistake to assume you'll be staying for a while, and therefore it's worth risking it: landlords have no duty to let you stay longer than the time set out in your tenancy agreement. 

Who is responsible for rats/mice/spider/zombie infestations that occur after you move in?

Almost always the landlord, unless a) it says they aren’t on the tenancy agreement, or b) the pest infestation is your fault, and they can prove it. 

Can they raise my rent?

If you have a fixed term tenancy, not within the length of time set out in your tenancy agreement. At the end of that agreement, they can, as you’d be signing a new agreement if you decided to stay. Currently, there are no legal limits on how much rent can be raised at the end of a tenancy for new or returning tneants.

If you have a periodic, or rolling tenancy, your landlord can generally only increase the rent once a year, depending on the terms in your tenancy agreement. They must give you one month’s notice if you pay rent weekly or monthly.

Can I withhold rent if I'm unhappy with my landlord?

Yes, but it’s very risky. You don’t have a right to withhold rent because repairs haven’t been carried out, for example, and your landlord can start repossession proceedings and put you at risk of eviction if you do. 

A better route can be to use your own money for repairs, then recuperate the cost from future rent. You do have a right to do this. However, it’s important to follow the right procedure, including writing letters to your landlord, keeping copies, and sending your landlord quotes from contractors (more specific advice on that here). It’s best to get advice first so you’re protected legally  the Citizens Advice Bureau is a good place to start.

Can my landlord evict me?

Only if they follow a very specific legal procedure and have grounds to do so. The landlord also cannot harass you in order to convince you to leave the property, under the Protection from Harassment Act 1997, and could be forced to pay you damages. If you experience any verbal threats or physical violence, go to the police.

If you’ve experienced illegal eviction or think you're at risk of it, go to your local council’s Tenancy Relations Officer, who can take your landlord to court.

Can the landlord turn up whenever they want?

No. It’s against the law for a landlord to enter the property without notice or permission. Under the Housing Act 1988 they must give you 24 hours’ notice in writing before coming round, and should only come at reasonable times so you can be present.

A few exceptions: if there is a fire, a smell of gas, urgent structural damage, or evidence of a criminal incident, they can enter without your permission. 

If they do turn up unannounced, you are under no obligation to allow them in, but if you do you’re not revoking your right to expect 24 hours’ notice in future.

During the last 28 days of your tenancy, the landlord can show round new tenants, but again, they must give you 24 hours’ notice in writing before doing so. .

Is subletting illegal?

Moving in a tenant who hasn’t signed your tenancy agreement is illegal if the landlord did not agree with it first. A landlord can evict you if they find out. Subletting social housing is even more serious, and is actually a criminal offence – you can go to prison for up to two years. 

Moving out 

Or: oh god am I getting my deposit back??

When can they keep my deposit?

The landlord can deduct money for any damage or mess which isn’t due to “fair wear and tear”. This is a tricky definition to apply sometimes, but as a rule, the landlord should not end up in a better position financially or materially than they were when you moved in.

Adjudicators at your deposit protection scheme can investigate any dispute between you and your landlord on this – it’s a good idea to have evidence, including damage noted on an original inventory or photos, to back up your claims if you decide to dispute the landlord's decision. 


Do I have to pay for a professional cleaner?

Yes, if it says so in your tenancy agreement. Otherwise no, though you should leave your property in roughly the same condition that you found it, allowing for fair wear and tear.   

What next? 

Maybe you're buying. Maybe you're moving home for a bit. Otherwise it's back to the beginning

More questions? Tweet them to us at @CityMetric or email Barbara.speed@citymetric.com.

Want more of this stuff? Follow CityMetric on Twitter or Facebook.

 
 
 
 

Five ways in which the rest of the world can avoid the homelessness crisis plaguing the US

Housing for all. Image: Nicobobinus/Flickr/creative commons.

Homelessness is a growing problem in the UK, where the number of people sleeping rough has doubled since 2010, yet it is dwarfed by the scale of the issue in the US. More than 500,000 homeless were found across the US during just one night, compared to the UK’s 2017 count of 4,751. Changes in the definition of homelessness and flawed methodologies suggest that the true number for the US could be anywhere from 2.5 to 10.2 times greater.

Millions more live in overcrowded or slum housing, forced to choose between the damage that poor conditions do to their physical and mental health, and the street. All of the US’s housing issues – from foreclosures to evictions to poor conditions – hit communities of colour the hardest.

This is due to a legacy of discrimination, which continues to undercut any commitment to safe and decent housing for all residents, whether in the private or public sector. In my recent book, City of Segregation, I explain how the long, violent history of creating spaces for the white and privileged classes is embedded in a number of practices, which continue in US cities to this day.

Exporting inequality

As private developers and investors seek out urban land in major cities around the world to secure their fortunes, real estate patterns and practices developed within the US are increasingly being observed elsewhere.

In cities as diverse as London, Sydney and Durban, community groups which have been working for decades to improve their neighbourhoods languish with little public or private resource. Meanwhile, developers create spaces for foreign investors and new residents, who anticipate certain protections and privileges such as greater security, high quality amenities and neighbours with similar interests and backgrounds.

This is a driving force behind rising evictions and the criminalisation of homelessness, alongside gated communities, hostile architecture, “broken windows” policing with its focus on prosecuting activities such as graffiti or jaywalking and the growing privatisation of public spaces through regeneration.

But there is still time for other countries to choose a different path. The UK, in particular, can build on the legacies of the post-war political consensus that all residents should have access to quality housing, and its acknowledgement of institutional racism and some history of government anti-racist campaigning.

Both legacies should be improved, but a renewed commitment to a programme of housing and anti-racism are central to increasing equality, prosperity and well-being for all. Based on my research, I’ve come up with five steps which the UK and countries like it can follow, to ensure that future development reduces – rather than drives – homelessness and inequality.


1. Build social housing

Unlike the US, the UK acknowledges a right to a home, and within living memory provided it for a huge swathe of British society. Social housing – whether in the form of traditional council flats, cooperatives or community land trusts – provides a variety of housing types and keeps rents from rising too far beyond wages.

When social housing is widely available, it makes a huge difference to people who – for one reason or another, and often through no fault of their own – become homeless. With social housing to fall back on, homelessness is a temporary condition which can be safely resolved. Without it, homelessness can become a life-destroying downwards spiral.

2. Preserve and expand community assets

Severe segregation in the US stripped entire communities of access to quality food, jobs, education, green spaces, services, banks and loans. Poverty is endemic, and can easily tip into homelessness. While far from perfect, the UK’s post-war commitment to universal provision of services, such as education and health care, and building social housing across all neighbourhoods underpinned a surge in upward mobility.

This achievement should be salvaged from the damage done by Right To Buy – a policy which sold off social housing without replacing it – and austerity, which has prompted a sell-off of public assets and land, as well as the closure of childrens’ services, libraries and community centres.

3. Decommodify housing

A market geared towards building apartment blocks for the portfolios of investors who will never live in them cannot produce the kind of housing and neighbourhoods which residents need, much less at a price they can afford.

While London has been badly affected for some time, this trend is now spreading to other areas of the UK and Europe. Local and national governments must act to prevent global demand for housing as investments from driving prices beyond the reach of those who need real homes.

4. Build communities, not walls

Gates, bars, armed security and homeowner restrictions are all ugly traits of private housing developed within the US context of desperate inequality and racism. The UK has a long and vibrant tradition of community development, creating a supportive built environment and social infrastructure of schools, libraries and other municipal services for residents.

Community assets. Image: Helen K/Flickr/creative commons.

This kind of development, and the social mobility and growing equality it fosters, safeguards public health and safety – not big walls, barbed wire and security guards. The private rented sector in the UK should be regulated to bring it more in line with Europe, where tenants prosper with security of tenure and strong regulation of rents and rent increases.

5. Raise your voice

Those who are bearing the brunt of our current housing crisis must be at the centre of efforts to change it. From tenants’ associations and renters’ unions, to campaign groups such as Justice for Grenfell, it’s vital to support those voices advocating fairer housing rights.

This also means rejecting austerity’s constant cuts to public services, funding social support for physical and mental health and ensuring that homes are safe, decent and secure, to create a safety net for those who are working to improve their communities.

The Conversation

Andrea Gibbons, Researcher in Sustainable Housing and Urban Studies, University of Salford.

This article is republished from The Conversation under a Creative Commons license. Read the original article.