|
The law gives you certain basic rights depending on what sort of tenancy you have. Your tenancy agreement may give you more rights than these basic legal rights. Protected tenants may have more rights than other tenants. Basic rights of all tenants All tenants have basic rights. A tenancy agreement can't take away these rights. If your landlord tries to take away these rights it will be illegal. Right to a rent book You are entitled to a rent book. Amongst other things, this rent book should tell you: - the landlord's address and name
- the amount of rent
- whether you have to pay rates and if you do how much they are
- when you have to pay rent.
Freedom from harassment and illegal eviction Harassment includes any action designed to stop you carrying out one of your rights as a tenant. Harassment can include your landlord: - stopping the electricity supply
- entering the premises without your permission (apart from in an emergency)
- carrying out acts of violence
Illegal eviction includes any attempt to make you leave your home when the correct legal procedure has not been carried out. Harassment and illegal eviction are both criminal offences. Anyone found guilty of harassment or illegal eviction can be imprisoned or fined. 28 days notice to quit Your landlord should give you 28 days notice to quit the accommodation. The landlord has to give you this notice in written form. If you are planning to leave the accommodation you should also give the landlord 28 days notice that you are going to leave in writing. Get advice if your landlord has given you less than 28 days notice. Your landlord may be carrying out an illegal eviction. Due process of law Your landlord must follow the correct legal procedure before evicting you. Your landlord cannot force you to leave the property unless they: Your landlord can't change the locks or remove your possessions without giving you 28 days notice and getting a court order. Note that a court may make an order for costs against you if you refuse to move after the notice to quit term has ended. Back to top Some new basic rights for some tenants As of April 1st 2007, some tenants will have some extra basic rights as well as those above. Tenancy statement If your tenancy begins on or after 1st April 2007 you are entitled to a tenancy statement. This should be provided to you as well as your rent book and tenancy agreement. The details of the tenancy statement should set out clearly the rights and responsibilities of your landlord and you. Basic tenancy term If your tenancy began on or after 1st April 2007 and you have no tenancy agreement or if there is no end date specified in your agreement, you are entitled to have a basic tenancy term of 6 months. Basic repairing obligations If your tenancy began on or after 1st April 2007and if you have no tenancy agreement or repairing obligations are not clearly specified in your tenancy agreement, you have a right to certain repairs . Back to top Rights from a tenancy agreement Your tenancy agreement may give you extra rights about: Check the terms of the tenancy agreement carefully before you sign it. I don't have a tenancy agreement If you don't have a tenancy agreement you will still have basic tenant's rights. Your landlord will usually be able to end your tenancy by giving you 4 weeks notice. If your tenancy begins on or after 1st April 2007 and you do not have a tenancy agreement your tenancy will have a period of 6 months. After these 6 months and if there is no subsequent agreement the tenancy will be known as a periodic tenancy in that it runs from month to month. This does not apply to protected tenancies . Also, certain repairing obligations will apply where there is no tenancy agreement or it is unclear who is responsible for what repairs within the agreement. Back to top Safety issues Your landlord must ensure that your accommodation is suitable when you move in. Landlords must have a valid gas safety certificate from a registered gas engineer for each appliance in your accommodation. Furniture provided by your landlord should be fire resistant. If you share your accommodation with people who aren't family members your landlord might have extra obligations to provide: - adequate means of escape from fire
- fire precautions (such as fire extinguishers and fire blankets).
Back to top Repairs Your landlord will usually be responsible for keeping the structure and outside of the accommodation in good condition and free from disrepair. Your landlord must also keep the equipment for the supply of water, gas, and electricity in good repair. You will usually be responsible for: - decorations
- day-to-day maintenance.
If your accommodation is furnished you are responsible for keeping the furniture in good condition (allowing for normal wear and tear). If furniture or equipment breaks or wears out your landlord may have to replace it. This depends on the reason it needs to be replaced and what it says in your tenancy agreement. If you don't have a tenancy agreement or if repairing obligations are not clear in that agreement, certain repairing obligations may apply. You may be able to ask the  Environmental Health Department of your local council to inspect the property. The environmental health department may issue one of three types of notice: - public health notice
- notice of unfitness
- notice of disrepair.
If your landlord doesn't carry out the repairs the council can take the landlord to court to force her/him to carry out the repairs. You can also take your landlord to court if s/he has not carried out repairs mentioned in your tenancy agreement. You can only take court action if you have told your landlord about the repairs. If you go to court you may be able to: - force your landlord to carry out repairs
- get money from your landlord.
Back to top I have a protected tenancy Protected tenants have additional rights. Right of succession Protected tenants can pass their tenancy on to a spouse or family member who has lived with them for at least the previous six months. The property can only be passed on once. A family member can only succeed if there is no spouse or civil partner and they were living with the deceased at the time of, and at least six months prior to the time of their death. Security of tenure A protected tenant can only be evicted if the tenant falls into one of the grounds for possession. The landlord must get a court order before evicting the tenant. Right to repairs Protected tenants may be able to get their landlord to carry out more repairs if the tenancy agreement doesn't state who is responsible for repairs. You may be able to request a fitness inspection to be carried out by your local council. Back to top
|
