Community

Private Rented Housing

Housing What is private rented housing?
Renting from a private landlord is usually more flexible than other forms of housing. It can be possible to find and move into a place quickly and to rent a place for a short period of time.

Private rented accommodation covers a number of situations, the main types being:

Renting from a resident landlord, or lodging;
Living in a shared house;
Renting a self contained property.

The thing each has in common is that there is a contract between you and the landlord giving you both rights and responsibilities.

The rights you have to occupy the property are your 'security of tenure'.

The type of tenure you will have will affect a number of things including how your occupation can be brought to an end, how the rent can be increased, whether you can sublet and whether you can assign the tenancy to someone else.

The two main types of tenure in private renting are:

Tenancies, and
Licences.

Within these two types of tenure there are also a number of types of tenancy and licenses that determine your rights and responsibilities.

It is important that if you are unsure of what the rights and responsibilities you and the landlord have that you seek advice to avoid any misunderstanding or disputes.

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Lodging
Lodgers are licensees who live with a resident landlord in the landlord's home.

If you share the living space with the landlord you can be evicted without the landlord having to go to Court. The landlord is still required to give you reasonable notice, which can be spoken or in writing. What is 'reasonable' depends on how long you have lived there and how often the rent is paid.

Although this form of tenure is not very secure it also is the most flexible, and could offer a good stop gap measure while you are looking for more secure accommodation. It is generally cheaper than renting self contained accommodation and there are less start up costs.

Before moving in it is important that you agree how you are charged for heating, lighting and any other services (i.e. are they included in your rent).

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Assured Shorthold Tenancies
If you rent a self-contained property or rent a room in a house with other tenants rather than the landlord then it is likely that you will have an assured shorthold tenancy. Most new lettings entered into after February 28, 1997 will be automatically assured shorthold.

The assured shorthold tenancy is now the most common form of tenancy used in the private rented sector. It only provides you security of tenure for the duration of the agreed term which can not be less than 6 months, and after that the landlord may ask for the property back.

At the end of the fixed term the landlord can grant you another assured shorthold for a fixed term or a periodic tenancy may be agreed (i.e. it runs on a month to month basis) or, if he wants the property vacated he can give you at least two months written notice to leave.

The landlord can also serve notice if you breach any of the terms of the tenancy for example by not paying the rent or damaging the property.

If you do not leave when a notice expires the landlord most go to Court to evict you. Some grounds to evict you are mandatory which means that the Court must order you to leave. Others are discretionary and the Court will consider whether to give possession to the landlord or to allow you to stay. It is important that you seek advice on your rights if you are served with a notice.

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Paying for Private Rented Accommodation
You should always be clear how much your rent is, what it includes, what bills you will be responsible for and how much you have to pay in advance for rent and a deposit at the beginning of your tenancy. If you have found somewhere to live through a letting agent they will also be making charges and you should be always check what these are.

If you are on a low income or claiming benefits you can apply for help with your rent through Housing Benefit. You should apply to the Housing Benefit department at the Council in the area where the property is.

Before moving in you can ask the Housing Benefits department to calculate the likely level of assistance you can expect to receive through a pre-tenancy determination. Advice on Housing Benefit in Surrey Heath can be found under the Benefits pages on this site including a calculator and pre-tenancy determination form

If you need help with advance rent or a deposit the Council may be able to assist you with these through its Rent Deposit Scheme.

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Rent Deposit Scheme

What is the rent deposit guarantee schemes?
This is a scheme to help people secure private rented accommodation by providing a loan for the first month's rent in advance, or a deposit guarantee. In some cases the Council can consider applicants for both the advance rent and a deposit guarantee.

Is the scheme available to anyone?
No, to qualify you must meet certain criteria. These are:

· be homeless or threatened with homelessness.

· have a "local connection" with Surrey Heath;

· not be known to have previously caused damage to a property, left a property with avoidable rent arrears or mortgage arrears, etc.

· be prepared to sign an undertaking to repay the rent advance or any paid out deposit money.

The Council also check whether the scheme is financially suitable for you. This will involve looking at your finances (e.g. wage details, housing benefit entitlement, etc.). The Council will not consider you if you are unable to afford the on-going rent and the repayment of the rent advance loan. In this case, however, a deposit guarantee may still be available.

How does the scheme work?

1. Rent in Advance
A months rent in advance will be made available to you if you are accepted for the scheme in the form of a cheque made out to the landlord or letting agent. The loan will only be made once the Council has:

assessed that the rent and repayments are affordable (The Council will not consider that a property is suitable if it is not affordable). This will include you completing a 'Pre-tenancy Determination' if you are to be claiming Housing Benefit (The 'Pre-tenancy Determination' form is available from the Housing Benefit.
department on the ground floor of the Council offices. The assessment will tell you how much help you can expect from Housing Benefit);
seen a copy of the tenancy agreement and confirmed the details with the landlord or letting agent.

The scheme requires that if you are on Housing Benefit you use your initial entitlement to repay some or all of the rent advance loan. This means there is a slightly longer gap before the landlord or agent starts receiving regular benefit cheques, but they have the advantage of having already received the first month's rent up front.

2. Deposit Guarantees
No money is paid out for a deposit. The deposit is 'guaranteed' by letter to the landlord and is backed up by identified, ring-fenced funds held by the Council. The amount guaranteed can not exceed the equivalent of a month's rent (e.g. if the rent is £500 a month, the deposit guaranteed can not be more than £500).

Landlords or letting agents can claim up to the full value of the deposit in the event of any damage caused to the property just as they would do if they held the deposit. Any money paid out will be recovered from you. The deposit guarantee lasts for six months from the start of the tenancy, which gives you that time to save your own deposit.

The Council carries out comprehensive property inspections at both the beginning and end of tenancies to protect your interests as well as those of the landlord or agent.

Depending on your circumstances the Council may ask applicants to provide part of the deposit directly to the landlord, with the Council providing a guarantee for the rest of the deposit.

What happens if I am accepted onto the Scheme?
You will be given a letter confirming your acceptance onto the Rent Deposit Guarantee Scheme. This can be shown to prospective landlords or letting agents. If a landlord or letting agent wants further information then a Housing Officer will be happy to discuss the scheme in more detail with them.

Ultimately it is up to you to find a suitable property with a landlord or letting agent willing to accept the terms of the Rent Deposit Guarantee Scheme.

What happens when I have found a property to rent?
Contact the Council and make an appointment to see the Housing Needs Officer. You will need to provide details of the property including the landlord or agent's name and address, rent, start date of tenancy, etc.

If you are going to claim Housing Benefit you should also provide all the details to that Department and complete a Pre-Tenancy Determination form.

Once all the details are confirmed, and the Council is satisfied that the property is suitable you will be asked to complete paperwork in respect of the loan or deposit. You will be asked to sign an agreement to repay to the Council any rent in advance loan and/or any deposit guarantee sum paid out as a result of damage to the property.

If you are claiming Housing Benefit you will also be asked to sign an authorisation allowing the Council to use any entitlement you have for the repayment of the rent advance loan.

Before issuing a Guarantee letter to the landlord or agent the Council will arrange a time to carry out a property inspection

The rent advance cheque will be raised in the name of the landlord/agent on receipt of a signed tenancy agreement.

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Repairs
Many written tenancy agreements say which repairs that you must carry out and which ones the landlord must do. There are certain things that all landlords must keep in good repairs whatever it is in the tenancy agreement or not. These are the structure and outside of the property; gas, water, electric and drainage installations, and heating and hot water systems.

Landlords must also maintain gas flues and appliances belonging to them and get then tested every year by a registered gas engineer. They must also give a copy of the safety certificate to the tenant.

You should report repairs to your landlord as soon as possible. It is also best to confirm this in writing to your landlord and keep a copy.

If your landlord does not fulfil his repair obligations you can seek advice from the Council's Environmental Health Team.

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Harassment and Illegal Eviction
All tenants are entitled to live safely and peacefully in their homes and harassment by your landlord or a person instructed by your landlord is an offence.

Harassment can be in several different forms some of which are listed below:-

Entering your home without prior notification.
Changing the locks.
Cutting off your utilities, such as gas, water and electricity.
Tampering with your mail or possessions.
Threatening you verbally or physically.

Keep a record of any instances where harassment has occurred, names of witnesses or anyone who may have become involved, doctors, police, etc. Also get advice from the Housing Needs Team at Surrey Heath Borough Council. We can help to try and stop the harassment and resolve disputes. If we are not successful for we have powers to prosecute landlords.

Landlords must follow the correct legal procedure to evict a tenant. In most cases this involves serving a notice requiring possession. If you have been illegally evicted you should seek advice from the Council. You have the right to apply for a court injunction to be allowed back into your home and your landlord can be liable for an unlimited fine and/or two years imprisonment.

surreyheath.gov.uk

Private Rented Housing