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Category: Mortgages Date: 7/7/2011
Tenants – make sure you know your rights and responsibilities!
With more than 3 million people now living in rented accommodation (that's 40% more than 5 years ago), it's more important than ever to be up on what is and what isn't acceptable from your landlord.
The first thing to say is that the vast majority of landlords are fine and will be very good if you have a problem. However, as with all groups there are some bad eggs…
In conjunction with a Channel 4 Dispatches documentary, the charity Shelter has recently released figures revealing widespread problems in the rental sector.
It's worth noting that while this survey reveals that a disturbing minority of landlords are abusing tenant rights, the overwhelming majority are not.
Perhaps just as worrying as unscrupulous landlords, is the lack of knowledge by tenants of their rights.
Make sure you pick your rental property on more than just rent, or how it looks. You should have an Assured Shorthold Tenancy agreement to sign – don't just sign it, read it!
If your landlord employs a letting agent – make sure they are registered with the Association of Residential Letting Agents (ARLA).
Rogue landlords and letting agents may not be very forthcoming about your rights, so make it your business to know them…
They must have a valid reason, such as doing some maintenance or an inspection. If your landlord needs to visit they should arrange a suitable time with you before coming round.
Your landlord is allowed to raise the rent; however, only at certain times and dependent on the type of tenancy agreement (on renewal of a 6 month fixed term Assured Shorthold Tenancy for instance).
Landlords must make sure that their rented property is a healthy and safe environment for people to live in. This includes:
This protects you if there is some dispute and your landlord doesn't want to give back all your deposit.
They must follow the terms of the tenancy agreement. In some circumstances, such as where there is a dispute, the landlord may need to get a court order. Your landlord cannot force you to leave (such as entering the property while you are out and packing up your things) as this could constitute an illegal eviction. By the same token the landlord is not allowed to harass you to leave – again, this would break the law.
As much as we hear about nightmare landlords, there are also tenants from hell. So bear in mind your responsibilities when renting:
Most maintenance and repair is down to the landlord; however some responsibilities are yours. You need to look after the property and not damage it. You need to make sure rubbish is properly disposed of and do some maintenance – changing light bulbs, batteries in smoke detectors, etc.
Damages you cause may have to be paid for – whether by you during the tenancy, or at the end, as a deduction from your deposit. However, you are not responsible for fair wear and tear such as wear on a heavy traffic area of a carpet.
If your landlord is refusing to talk to you, or is denying a problem is their responsibility you can contact your local council for help. Most have a Tenancy Relations Officer who is a specialist council worker who can mediate in disputes between landlords and tenants.
Disclaimer: Information is correct as of the date of publication (shown at the top of this article). Any products featured may be withdrawn by their provider or changed at anytime.