The Tenant Guide is designed to give tenants information about all aspects of renting a home, and how to avoid common pitfalls which may be a risk to your tenancy. Risks to your tenancy could be anything that causes you to lose your accommodation, receive complaints from neighbours or be a concern to a landlord.

NOTE: Remember risks don’t always come just from the tenant. They can also be caused by your visitors.

Chelmsford Chess is committed to ensuring every private tenant has a safe, decent place in which to live backed up by a responsible landlord. In order to do this we aim to:

Encourage landlords to improve the standard and maintenance of their properties, as well as

Informing tenants of their rights and responsibilities

Contents:

1. Property Details2. Your Tenancy Agreement3. Safety4. Houses In Multiple Occupation5. What To Do If Things Go Wrong6. Frequently Asked Questions

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Tenant GuideHelping You to Keep Your Home and How to Live Harmoniously and Comfortably

Tenant Guide - Introduction

General Guidance Only

This guide offers general guidance only and is not intended to provide a complete and authoritive statement of law.

1. Property Details

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Property Address: Landlord / agent tel no:

Other useful contact number if landlord unavailable:

Other emergency numbers, e.g.:PlumberElectrician

Deposit Amount £ Rent amount per week £

Rent amount per month £

Furnished Properties Only – list of furniture and goods to remain, e.g. Chairs Table Cooker Washing Machine Fridge Freezer

Others:

Tenancy Agreement Seen and Understood

Inventory Checked and Signed

Repairs Procedure Explained

Utility Provider Details:

Gas Meter Reading / Date Taken

Electricity Meter Reading / Date Taken

Water Meter Reading / Date Taken

Rubbish Collection Day

Local Library

Public Transport

GP Dentist

2. Your Tenancy Agreement

What is a Tenancy Agreement?

It is an agreement that should clearly set out tenant and landlord responsibilities

Once signed, the Tenancy Agreement is a legally binding contract. The tenant is responsible for the remaining rent if they leave the property before the end of the Agreement

Always ensure you are given a copy of the Tenancy Agreement By legal default most residential tenancies are Assured Short Hold Tenancies

even where the Rental Agreement does not state this.

Types of Tenancy Agreements:

Assured Tenancies

Most landlords let on an Assured Short Hold Tenancy and it is the usual form of letting if:

You are a private tenant and your landlord is a private landlord The property is let as a separate accommodation and is your main home The property is let as a room in a shared house and the Landlord does not live

in the property

An Assured Short Hold Tenancy can be a fixed or non-fixed term tenancy.

A fixed term tenancy has a minimum initial fixed term of six months. At the end of this period, the landlord has the right to ask you to leave (seek possession); provided that he or she gives you two month’s notice requiring possession. A Notice Seeking Possession can be served at any time during the Tenancy Agreement’s fixed term but cannot be enforced before the fixed term comes to an end. There are exceptions to this where the landlord has reason to seek possession under grounds specified in the Housing Act 1988 e.g. rent arrears, nuisance issues, damage to property and / or contents.

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Other

A non-fixed term contractual periodic tenancy normally used by landlords of shared houses (HMO’s) requires a 2 month notice period to be given by the landlord, however, in law you still have the legal right to remain until 6 months have expired since the start date of your tenancy unless there are grounds specified in the Housing Act 1988 e.g. rent arrears, nuisance issues, damage to property and / or contents.

License Agreements (Permission To Occupy) or Excluded Occupiers Agreements

A License or Excluded Occupiers Agreement gives you less protection from eviction as it is excluded from any statutory law, it gives you personal permission to live in a property – it is not a legal right. Normally used by live-in landlords.

Rent and Rent Increases

Rent and arrangements for payment should be included in the Tenancy Agreement. The rent agreed may be fixed for the length of the tenancy term, or the agreement may detail that it will be reviewed at regular intervals.

The landlord cannot put the rent up by more than what has been agreed in the Tenancy Agreement, unless the tenant agrees.

Rent is usually paid in advance, normally on a monthly or weekly basis. Check your Agreement or ask your landlord to clarify how much rent you have to pay and the day of the week / month that it is due on.

If you fall behind with the rent, your landlord may be able to evict you and claim back any money that you owe them. If you are having problems like this, get advice quickly.

Disrepair

A landlord is responsible for repairs to:

The structure and exterior of the premises The fittings provided, including those for gas, electricity,

heating, water and all sanitary installations

If a landlord fails to carry out genuine repairs (especially those that might cause a potential risk of harm to the health and safety of a tenant) after being told about them, a tenant can seek remedy through a local Council’s Environmental Health Service. Examples of such repairs would include a leak in the property or a problem with the heating, especially in cold weather. Tenants should put their complaints in writing and give the landlord 14 days from the date of complaint to make a response, setting out their intention and timeframe for carrying out the works.

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A landlord is not generally responsible for repairs arising from damage caused by a tenant. A landlord can seek possession if a tenant (or someone living with the tenant) has damaged the property.

Simple DIY and many repairs will be your responsibility. Things like changing lightbulbs or plug fuses, loose handles, dripping taps and blocked sinks.

Bringing a Tenancy to an End

When a landlord wishes to seek possession (other than on the Short Hold ground) they should first serve Notice on a special form, stating on which grounds of the Housing Act 1988 they want the property back.

Following expiry of the Notice, a tenant has the right to remain in the property until there is a Court Order requiring you to leave.

End the Tenancy Properly

If you want to move out, it is very important to end your tenancy properly first. You can’t just post the keys through the letter box and walk away. Otherwise you could end up still being liable for the rent, even though, you’re no longer living there. It may be possible to end your tenancy immediately if the landlord accepts this (best to get their acceptance in writing) but you normally have to give your landlord the necessary notice.

3. Safety

Electrical Safety:

What are the minimum standards?

The electrical wiring, switches, sockets and all supplied electrical equipment must be safe and in good working order.

Electrical equipment – if electrical equipment is supplied, then it must be safe.

This applies to both new and second-hand appliances, and will cover items, such as lamps, televisions, radios, irons, washing machines, microwaves, refrigerators and other kitchen equipment.

Familiarise yourself with the position of the fuse-board (under the stairs?)

Gas Safety:

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What are the risks?

Carbon monoxide poisoning can be caused by gas appliances and flues, which have not been properly installed and maintained, eg., there is not enough ventilation due to a build up of debris behind a gas fire.

Under the Gas Safety Regulations, every landlord must ensure that gas appliances and flues they provide for their tenant to use are maintained in a safe condition-

The Regulations require the landlord to carry out an annual gas safety check on installations, appliances and flues within the rented accommodation

Landlords must keep written documents of all safety checks and must make copies available to tenants

Plumbing:

Familiarize yourself with the stopcock (under the kitchen sink?) for turning off.

Blocked drains:

Take care not to allow excess hair to clog the shower and basin. Also take care what is deposited into the kitchen sink and WC – you may

have to pay for call outs and plumbers are very expensive!

Fire:

Houses in multiple occupation – the hall, landing and stairs must be kept completely clear of any obstruction, at all times – this is a requirement of the local authority as it forms the fire exit. Keep all your belongings in your room.

In case of fire – raise the alarm, (shout “fire” as loud as you can!) call the fire brigade, 999, from a safe place, do not attempt to extinguish the fire and ensure doors are closed behind you.

4. Houses in Multiple Occupation (Shared Houses)

What is multiple occupation?

An entire house or flat which is let to 3 or more tenants who form 2 or more households and who share a kitchen, bathroom or toilet facilities

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Overnight Guests - it is common courtesy to inform other housemates if you have the occasional overnight guest. How would you feel bumping into a stranger in the middle of the night? It’s generally accepted that no more than 3 nights a week

is acceptable for overnight guests.

Generally A house runs smoother when those who live there have a little respect for each other, this could be as simple as

Closing doors quietly. Shhhhhhhhhh Cleaning up communal areas after use, 24 hours max! Not playing music too loud (use earphones?)

Not turning TV up too loud Sharing any jobs or working out a rota (house meeting) Being considerate Using your indoor voice whilst indoors

No whining – housemates will roll their eyes behind your back!

Living Together……

Make sure you avoid arguments about the bin by making a rule about it. The first person who finds a full bin puts the bag out. Always check if you are running close to the end of the bin liner roll, otherwise its overflow time. Playing “Bin Buckaroo” just isn’t clever or hygienic.

For some reason, the fridge is a particular bone of contention. If it drives you mad when other people take your milk then consider labelling it.

What are HMO landlords responsible for?

The landlord is responsible for the day to day management of the HMO, such as keeping common parts in a safe, clean condition and all shared facilities in good repair.

Most problems in shared properties seem to arise from tenants not taking personal responsibility for communal areas – The “someone else will do it” attitude. People all living together can generate some disagreements. In this case it is advised to call an informal meeting of All house-mates to ensure a smooth running household. Most problems can be sorted out by talking.

4 main criteria for living together; Don’t be noisy, Keep the place clean and tidy, Pay the rent on time and Have a mutual respect for others. Simple!

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Security

It is very important to close all windows and external doors securely when leaving the property unattended. It is advisable to leave a light on in either the hall or landing when leaving the house unattended for long periods. The energy efficient bulbs cost very little to run. You may be liable for missing items if it is determined that it was YOU that left the door unlocked!

5. What To Do If Things Go Wrong With Renting

What are the tenant’s rights against harassment and illegal eviction?

The law protects people living in residential property against harassment. It does this in two ways:

1. By making harassment and illegal eviction a criminal offence;2. By enabling someone who is harassed or illegally evicted to claim damages

through the civil court

However, where there is actual physical assault, the tenant should call the local Police.

What is harassment?

It is against the law for a landlord to do anything, which interferes with you peacefully, or comfortably occupying your home. Some of the following actions by a landlord or agent could be considered harassment:

Using threats to get you to leave your accommodation Attempting to force you to leave your home or locking you out Withdrawal of gas, electric, water supplies eg, the landlord has not paid the

bill or disconnected the supply Anti-social behaviour by landlord or his agent, persistently disturbing you in

your accommodation Interfering with personal belongings The landlord, his agent or workmen entering your home without permission or

giving you notice

If your landlord is doing any of these things, or any other action, which is giving you no choice other than to leave your home, you should contact the Secure Tenancies Officer at Chess or your local Council.

Either Chess or the local Council will investigate your allegations and normally contact the landlord to try to resolve the dispute. If the issues cannot be resolved or there is enough evidence to show that an offence has been committed, the local Council has the power to prosecute the landlord.

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What is illegal eviction?

You landlord must follow the correct legal procedures. In most cases, a tenant will have the right not to be evicted from their accommodation until the landlord has first obtained a formal possession order from the County Court. This order can be enforced by a bailiff appointed by the Court.

In general, tenants will be first served with some form of written notice from the landlord informing them that the

tenancy is to be brought to an end. In most cases, this notice period is two months. Unless you leave the accommodation voluntarily, the landlord will then apply to the County court for a Possession Order.

If your landlord is threatening to evict you, contact the Secure Tenancies Officer at Chess or your local Council who will be able to tell you about your rights you have to remain in your home.

Other things that may go wrong

Coping with debt and rent arrears

If you have problems paying your rent or other bills, you should contact the Secure Tenancies Officer at Chess or your local Citizens Advice Service.

DEBT IS ONE OF THE MAIN RISKS TO SOMEONE’S TENANCY WHEN YOU GET YOUR OWN PROPERTY SO IT IS IMPORTANT YOU UNDERSTAND IT AND TRY TO KEEP ON TOP OF YOUR BILLS.

Money Lending

It is strongly advised NOT to lend money if you can. It is far easier to manage a budget when you don’t have to pay back debts. Sometimes this is unavoidable but borrowing money should only really be for emergencies or single unforeseen expenses that you can pay back affordably.

Here are a few pieces of advice for you to consider:

o Budgeting loans through jobcentre plus might be the best way if you are on benefits.

o You could get a loan from your bank or an overdraft – these can be difficult to pay back depending on your income and how much the payments are. Only borrow what you can afford. Post Office loans can be cheaper.

o Do not borrow money from doorstep loan sharks. They ask for expensive repayments and can threaten violence. Just say NO and go to Citizens Advice or call the Police for some help.

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o Try not to lend money from websites that offer”fast cash” or “cash till payday.” Repayments can be up to 4000%!!

Being a ‘Good neighbour’ and Part of Your Community

As well as being a good tenant it is worth thinking about your surroundings and how you can make the most of them. When you move, you will become a tenant, a neighbour and part of your community.

How would you like your neighbours to behave towards you?

o Respect your rights to peace and quieto Respect your rights to privacy and safetyo Say ‘hello’ to you in the streeto Be polite towards you and your visitorso Clean up around their property and make sure the area is tidyo Not take drugs or drink outside your homeo Make sure their visitors behave appropriately towards you and your visitorso Not swear or shout at you

Problem Neighbours

If you are experiencing problems with your neighbours or other households in your shared accommodation e.g., noise nuisance contact the Secure Tenancies Officer at Chess or your local Council’s Environmental Health Service who should be able to offer information, advice and where necessary take action that is more formal on your behalf.

If the problem is associated with anti-social behaviour, you are advised to contact the local Police.

Problems with repairs or poor housing conditions

If your landlord has not carried out repairs within a reasonable time, contact the Secure Tenancies Officer at Chess or contact your local Council’s Environmental Health Service.

Officers will liaise with your landlord and where necessary, take more formal action using their powers under the Housing Act, to ensure the works are carried out.

Condensation and Mould

It is your responsibility to prevent condensation and mould in your accommodation. You may be charged for any damage caused due to this. Here are a few tips to help prevent it.

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Keep accommodation well ventilated by opening windows on a daily basis to allow moisture to escape particularly when cooking, showering or drying clothes. Put clothes out to dry wherever possible.

Keep a small gap between walls and furniture, particularly against exterior/cold walls.

When cooking try to cover pots and pans and avoid leaving anything on the boil for too long.

Try to keep heating levels within the accommodation at a constant temperature especially in winter.

If condensation or mould does develop wipe away to prevent staining of the walls and window sills.

Care For Appliances

Under the terms and conditions of your tenancy agreement you are under obligation to look after the landlord’s content.

It is important that appliances are kept clean to limit long term damage.

Do not pour grease, oil or food debris down the sink as this will block the drains and can result in damage that you are liable for.

Utilities

Where your accommodation is self-contained, i.e., a studio flat, no utility bills are included in your rent and therefore you are liable for any charges during your tenancy. It is also advised that you notify the water and electric company supplying the flat that you have moved into the property and also notify them when you move out. If you do not an administration fee may be charged by the landlord. It is essential that you inform the landlord before any changes are made or services added during your tenancy.

Moving Out

Please refer to your tenancy agreement for full details of the notice required at the end of your fixed term tenancy or periodic (monthly) tenancy. You will need acknowledgement from the landlord that written notice has been received so please leave time for this.

The fridge freezer (where accommodation is self-contained) should be switched off and defrosted and the doors left open.All appliances, thermostats, heaters etc., should be switched off or unplugged.

You are advised to redirect your mail.

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The landlord will arrange a date for inspection of the property. Once this inspection has been completed you will not be able to remain in the property. All personal effects should have been removed, the property cleaned and all keys handed over.

6. Frequently Asked Questions

As a tenant what am I responsible for?

Make sure you follow all anti-social behaviour laws and do not create a nuisance e.g. excess noise

Pay bills for gas, electricity, telephone etc, if this has been agreed with the landlord

In most cases, paying the Council Tax, water and sewerage charges Paying rent as agreed Taking proper care of the property Allowing the landlord reasonable time to carry out repairs Providing access to the property for the landlord if a reasonable period of

notice has been given Give the required notice, specified in the Tenancy Agreement, to end your

tenancy

What is the landlord responsible for?

Repairs to the structure and exterior of the property, heating, utility supplies, basins, sinks, baths and toilets

The safety of gas and electrical appliances The fire safety of furniture and furnishings provided under the tenancy A landlord should provide a property Tenancy Agreement, detailing how and

when rent is to be paid Rent levels can be increased if allowed for in the Tenancy Agreement If rent is to be paid weekly, a rent book must be provided

When can I be asked to leave?

The landlord can ask you to leave at any time after 6 months (where you have a Fixed Term Assured Short Hold Tenancy Agreement), provided any fixed term you agreed has ended. He must give you 2 month’s notice in writing that he wants you to leave, unless the landlord has reason to seek possession earlier. The grounds for possession before the end of the fixed term are set out in law, e.g., rent arrears, nuisance, or damage to the property or contents

Can I get help with the rent?

If your income is low, you may be eligible for Housing benefit and Council Tax Rebate

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Contact the Secure Tenancies Officer at Chess or your local Council to find out if you are eligible, how to make a claim and how much you might receive

What happens if I get into rent arrears?

The landlord can give you notice that he will seek possession through the court. The landlord can apply for a Possession Order using a faster court procedure, if you owe at least 8 weeks (if you pay weekly) or 2 months (if you pay monthly) rent, at the time the Notice is served. If you are in receipt of Housing Benefit your landlord can apply to the Council to request direct payments

My landlord has not carried out repairs. Do I have the right to withhold my rent?

NOTE: There is no absolute right in law to withhold rent, as not paying rent means that you will have broken the contract. Your landlord may use this as a ground to seek possession before the end of your fixed term.

Off-setting the cost of the repair against the rent –

While Section 11 of the Landlord and Tenant Act 1985 places a duty of repair on your landlord, your right to repair and your obligation to pay the rent are completely separate. However, in some instances it is possible to pay for the repair yourself and to deduct the cost from the rent.

It is advisable to follow a set procedure as established by case law:

Notify the landlord of the repair (preferably in writing) Allow a reasonable period for the landlord to do the repair Obtain 3 estimates Supply copies of the estimates to the landlord and advise of intention to do the

repair, if not done within a reasonable time Once the work is complete, ask for reimbursement of invoice Failing that, deduct the cost from rent

If you are thinking of following this procedure then it is recommended that you first contact the Secure Tenancies Officer at Chess or seek legal advice.

NOTE: The easiest route for a tenant to ensure repairs are carried out would be to contact the Secure Tenancies Officer at Chess or the local Council who will liaise with your landlord and if necessary take legal action to ensure repairs are done.

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In all instances, the first step should be to inform your landlord of the disrepair (preferably in writing) and give him, or her, reasonable time to fix the problem. Only then should you consider taking any further action.

How much notice should my landlord give me if he wishes to inspect the property or carry out repairs?

24 hours written notice is the accepted practice unless it is a genuine emergency eg a burst water pipe when the landlord may enter without prior notice.

However, you can accept verbal notice of a shorter time period if it is reasonable to do so, bearing in mind it is in your interest to have the repair carried out.

How much time should I give my landlord to carry out repairs?

It would not be reasonable to expect your landlord to carry out repairs immediately or even within 48 hours depending on the severity of the hazard created by the disrepair

You must allow a reasonable time period, and co-operate with regard to access, to enable estimates to be obtained

For example, if your boiler is not working and you are without hot water and / or heating, a period of 1-2 weeks should be adequate to enable your landlord to provide you with a start and completion date, if not complete the repairs.

What is Housing Benefit?

Housing Benefit (and Council Tax Rebate) is an income related benefit to help people on low incomes to pay their rent. For example, anyone who is in receipt of JSA / ESA or any other low income and has less than £16,000 capital can claim. Those who are newly unemployed will claim Universal Credit which incorporates a housing allowance element.

Local Housing Allowance (LHA) is a type of Housing Benefit paid to people living in privately rented accommodation unless you are newly unemployed and will claim Universal Credit. Read more about LHA below.

How do I claim?

To make a claim for Housing Benefit and / or Council tax Rebate you will need to make a claim, normally by completing an application form either on-line via the Council’s website, or you can request a paper copy.

One of the main obstacles which delays claims being paid is that claim forms are sometimes submitted without all the necessary documents. When you make an application it is very important to provide the evidence of your identity, income and savings.

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Please inform your Landlord / Agent immediately of any change of email address and mobile number.

If you are newly unemployed you can access a claim for Universal Credit on-line via www.gov.uk

How much benefit will I get?

The amount of Housing Benefit or Local Housing Allowance (housing element if Universal Credit) you can get depends on:

How much money you have coming in (earnings and benefits etc) How much savings you have What area you live in

It is important to tell the Council / DWP (if Universal Credit) about all of your circumstances on the claim form to ensure the amount of benefit you receive is correct.

The local Council will write to you and tell you if you are entitled. If you are entitled to benefit, you must remember to tell the Secure Tenancies Officer at Chess and the local Council immediately if you have any changes in circumstances. This will help to ensure you are paid the right amount of benefit.

Change in Circumstances

If your circumstances change, your benefits or entitlement may change. If you fail to tell the local Council / DWP or Secure Tenancies officer at Chess about a change then you might receive too much benefit and end up owing the payment back, leaving you in debt, or lose out on money that you are entitled to. This can be avoided with a quick phone call to the Council or DWP.

What else should I know?

Local Housing Allowance (Housing benefit) or the housing element of Universal Credit does not cover all housing costs. Because the amount of Local Housing Allowance you may get is fixed you can work out how much money you will have. Then you can choose a place that suits your circumstances.

You may not receive full Housing Benefit for Local Housing Allowance depending on the level of your income and savings.

Local Housing Allowance rates are published on local Council’s web sites.

If your rent is higher than the Local Housing Allowance, the Council or DWP will not be able to pay more Local Housing Allowance. You will have to pay the difference from your other income.

REMEMBER RENT FIRST!

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