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A Guide for Tenants

Introduction

This article shares some tips for ensuring your tenancy runs smoothly, and describes your rights and responsibilities as a tenant.

Before the tenancy begins

The agreement

Although a written agreement is only required by law if a tenancy is for a fixed term of three years or more, it is good practice to have one, particularly since a verbal agreement can be hard to enforce. Before you sign, ensure you understand all the implications.

In the absence of a written agreement, your landlord must provide you with a statement, in writing, of the terms agreed.

The Assured Shorthold Tenancy (AST) is the most usual type of agreement. Under it, your landlord has the right to ask you to vacate the property at the end of an agreed term, and to take action through the courts if you fail to do so. He is not, however, obliged to fix a term at the beginning of the tenancy. In the absence of a fixed term, or when the fixed term ends, the tenancy can continue on a rolling basis known as a ‘periodic tenancy’.

The deposit

As part of the agreement, you will probably be required to pay a refundable deposit (usually equivalent to four weeks’ rent).

New Tenancy Deposit Protection legislation (introduced on 6 April 2007) covers most ASTs in England and Wales where a refundable deposit is paid. Under it, deposits must be placed in a special tenancy protection scheme within 14 days of payment.

The main purpose of the legislation is to safeguard the tenant by guaranteeing the return of his deposit in the appropriate circumstances. It should also reduce potential for disputes by encouraging landlord and tenant to reach a documented agreement as to the property’s condition at the start of the tenancy.

Keeping things clear

To avoid misunderstandings, you and your landlord should:

• Ensure you understand who is responsible for different outgoings

You are responsible for:

o Council Tax
o Electricity, gas, water, sewerage and phone bills, the TV licence fee, and so on
o Insurance for your belongings

Your landlord is responsible for:

o Maintenance costs (including the cost of statutory safety checks)
o Buildings insurance
o Contents insurance (in the case of a furnished or part-furnished let)
o Service charges and ground rent

• Agree what is to be included in the let

It is usual for a property described as ‘furnished’ to contain all the main fixtures, fittings and furnishings, and the standard cutlery, crockery, kitchen items and so on, that a typical tenant might use on a typical day. An ‘unfurnished’ let generally includes only such items as carpets and curtains. However, there are no hard-and-fast rules

• Draw up and agree an Inventory/Schedule of Condition

This lists all the property’s fixtures and fittings, and describes their condition and that of the property generally. This helps to protect both parties’ interests

During the tenancy

Your rights

Some types of tenancy confer more rights than others. The following are the automatic legal rights of tenants who have an AST. You and your landlord may agree extra rights if you wish, verbally or in writing.

1. Right to know the terms of your tenancy

2. Right to have a written tenancy agreement or statement

3. Right to know your landlord’s name and address

4. Right to occupy the property under the terms of the tenancy agreement

Assuming your AST was created on or after 28 February 1997, you cannot be evicted during the first six months of the tenancy or during the initial fixed term (whichever is the longer), unless you break the terms of the agreement – perhaps by defaulting on the rent or causing damage – and your landlord can convince a court that you have done so

5. Right to end the tenancy

You are entitled to end your tenancy, provided you give the agreed notice. As long as there are no rental arrears and you leave the property in good condition, your deposit must be returned.

6. Right to repairs

Your landlord must:

o Maintain the structure and exterior of the building

o Keep such items as water and gas pipes, electrical wiring, sinks, basins, baths and lavatories in good repair

o Maintain and repair any common parts, such as shared hallways and staircases

You have the right to undertake minor repairs yourself and to deduct the cost from the rent, but it is wise to talk to your landlord before doing so, in the interests of good relations

6. Right to ‘quiet enjoyment’

Your landlord, or his representative, must give you 24 hours’ notice of any intended visit to the property. Visits must take place at a reasonable time of day, unless there is an emergency

7. Right to safety

o Before your tenancy begins, and annually thereafter, your landlord must have each gas appliance (including the central heating) checked by a CORGI-registered engineer, and must have a portable appliances test (PAT) carried out on all electrical equipment he supplies. He should be able to produce certificates to prove these checks have been done

o Any upholstered furniture your landlord provides must comply with safety regulations

Your responsibilities

Broadly, your obligations as a tenant are:

• To pay the agreed rent on time

• To inform your landlord of any repairs needed

• To ensure that the property and its fixtures and fittings are not damaged through misuse or negligence

• To allow your landlord, or his representative, access to the property for the purposes of inspection or maintenance (provided your right to ‘quiet enjoyment’ is respected)

• To give your landlord the notice required by the tenancy agreement

If you want to end a fixed term agreement early, you can only do so with your landlord’s consent, or if there is a clause in the agreement that permits this. Otherwise, you may be liable for rent for the remainder of the period covered by the agreement

Any other, more specific, responsibilities must be included in the tenancy agreement.

Troubleshooting

Should you experience difficulty in paying your rent, talk to your landlord, or his managing agent, at the earliest opportunity. You may be able to arrange to pay less for a few months, which will give you valuable breathing space, though you will, of course, have to make up the arrears at some point.

If you think your rights are being infringed, seek advice from a solicitor or the Citizens Advice Bureau (CAB).

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