Private accommodation

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1 Useful contacts Spelthorne Citizen Advice Bureau: Staines / Sunbury The Citizen Advice Bureau help desk at Staines County Court runs on a Thursday morning and is available for clients facing possession claims from housing association tenancies, private tenancies and mortgages. Runneymede Citizen Advice Bureau: Addlestone / Egham Elmbridge Citizen Advice Bureau: Walton, Weybridge and Hersham follow the lint to Advice Guide Private accommodation Other useful numbers: Consumer Credit Counselling Service Debt Free Direct Jobcentre Plus National Debtline Pension Credit Helpline Spelthorne Council Housing Benefit and Council Tax Helpline Tax Credit Hotline Surrey Law Centre, Jacobs Yard, Woodlands Road, Slyfield Green, Guildford, GU1 1RL. Phone no Housing Options, Spelthorne Borough Council, Knowle Green, Staines, TW18 1XB. Phone no / Fax no How to rent a place from a private landlord If you or someone you know would like any information available from the Housing Options Department in Braille, larger print, by tape, or any other language, please contact us direct. Disclaimer This leaflet is not a statement of the law. Nor does it cover every situation. If you are in doubt about your legal rights or obligations, you should seek further advice from the Citizen Advice Bureau or an independent legal advisor. The information in this leaflet may become out of date. We have made every effort to ensure it is correct at the time of publication, but the Council cannot accept any responsibility for any loss you suffer because you acted or decide not to take action as a result of any statement in this leaflet. Due to shortage of social housing in Spelthorne, the quickest way to find accommodation is to rent a property from a private landlord

2 Finding a home There are several ways to look for a privately rented home: Due to the severe shortage of social housing in Spelthorne, the quickest way to find suitable accommodation is to rent a property from a private landlord. This booklet can help you to find a place to rent. It explains how to find a suitable home, the upfront costs you are likely to have to pay and the Housing Benefit System. If you are thinking of renting a place from a private landlord, you will need to ask: where are private places advertised? what sort of place am I looking for? how can I follow up on an advert? what should I look for when viewing places I am interested in? what will the place cost each week or month? how much will I have to pay in advance? what kind of tenancy will I have? can I get help with paying the rent? local and free ad papers try looking in the Surrey Herald, the Staines Informer and the local Guardian, which all come out once a week. lettings and Estate Agents these agents can help you find a place to live but usually charge a finding fee or administrative fee. At the end of this booklet you will find a list of local agents who may be able to help you even if you are on a low income or in receipt of benefits. Remember that these agents are only suggestions not recommendations. the internet this is a very quick and easy way of finding accommodation in the areas that you choose to live. There are many websites that are regularly updated. If you don t have access to the internet, try visiting the local library or internet cafes. The web site usually has a wide selection and you can also try Estate Agents websites as they also advertise properties to rent. adverts on local shop notice boards or in windows landlords often advertise their accommodation on a card in a shop window. Newsagents and post offices are often good places to look, as are large supermarkets. You could also try advertising for accommodation in the same way. word of mouth ask friends, family or colleagues at work.

3 What sort of place am I looking for? Various types of private rented accommodation are available, including the following: Bedsits these usually consist of a bedroom/living room with its own cooking facilities, while the bathroom and toilet may be shared with others. Houses in multiple occupation (HMO s) - if a property is rented to more than one household it may be classed as an HMO. HMO s include bedsits, shared houses and lodgings. They are covered by legislation that requires them to have adequate facilities, safety procedures and inspections by the Environmental Health Department. Lodgings these are rooms in the landlord s own home where you can either use the kitchen or have meals provided for you. Privately rented housing can vary greatly in quality, price and service. Think carefully about the sort of place that will suit you before looking around. You might want a place that is: near your friends or family shared with other people shared with the landlord in a particular area available for a short or long term cheap on the ground floor near schools/work You need to be realistic about what you are prepared to accept, taking into consideration what you can afford and the guidelines set by Local Housing Allowance. Self contained houses/flats these are let by private landlords or their agent. You and your household have the property to yourself. The landlord does have a right to inspect the property but only with reasonable notice. Shared house a room in a shared house or flat; sharing the kitchen, bathroom and lounge with others. The landlord may let the whole property to a group or let rooms individually. If you are under the age of 25 housing benefit will generally only pay for this type of accommodation. Studios these usually consist of a bathroom, a small kitchen and a combined lounge/bedroom

4 How can I follow up on an advert? You need to get regular information about vacancies. You should contact letting agents and look on the internet on a daily basis. A property could become available at any time and you need to find out about it as soon as you can. When you find somewhere that you are interested in this is what you do: Phone the number in the advert straight away. Remember you must be quick as affordable rented properties go very quickly. Ask as much about the property as is possible. This will help you decide if it is suitable, for example: where is it? is it a flat/house/room? how many bedrooms? will I share with others? will I share with the Landlord? is there a garden? where is the nearest bus stop/train station? where is the nearest doctors/hospital/school? If you still think it might be suitable, arrange to visit the property as soon as you can and definitely before you agree to anything. Get another person to go with you to view the property. Tell someone where you are going and when you will be back. Take details of referees or references with you to show the landlord that you are suitable. Many landlords will require you to give up to two references from previous landlords, bank managers or employers. If you are still interested find out how much deposit and rent in advance you will need to pay to get the accommodation. What should I check for when viewing places that I am interested in? Gas appliances landlords are legally responsible for making sure that all gas appliances they supply are maintained in good working order and are properly serviced by a CORGI registered engineer every year. The landlord should keep a record of safety checks and you can ask to see them before you move in. If the gas appliances have not been checked within the last 12 months you could be putting yourself in danger. Heating is the heating adequate and working properly? It is particularly important to check this if you are moving in during the summer, as the property could be very cold in the winter. Electrical wiring look for badly fitted or very old sockets/ wiring/light fittings. If you are unsure about the safety of the wiring ask the landlord to have it checked out by a qualified electrician or ask to see the last electrical test certificate. Damp damp properties can cause health problems. Look out for mould, peeling wallpaper and damp smells. Windows and doors check that they open and close. This is important for ventilation, security and means of escape if there is a fire. Kitchen and bathroom check the taps work and that the

5 toilet flushes. If a fridge or cooker is being provided make sure that they work properly. Furniture if you are looking at an occupied property, make sure you find out what furniture is provided by the landlord; that it conforms to the current safety standards; and that it is in reasonable condition. Only sign the inventory or condition sheet if you agree with what it says. General standards if the landlord promises to carry out repairs ask for this in writing. Have a look around and see if the property is clean and well cared for. Sharing if you will be sharing with others, ask to meet them to see if you get on. If you are renting a room only, remember: check the whole property not just the room is the property in reasonable repair? are the facilities adequate for the number of people living in the property? is the room large enough? This is very important if you will not be able to use the lounge and think you will spend a lot of time in the room what will the place cost each week or month You should find out as much as you can about the costs of the accommodation before you agree to sign a tenancy and move in, including: how much is the rent whether the rent includes bills like gas, electricity and water rates how much is the council tax how much are the bills in winter and summer whether the bills are shared with other people

6 How much will I have to pay in advance? If you find a property through a letting agent you will usually need to pay an administrative fee of between 50 and 200. If however you find a property through a landlord directly you can often avoid this cost. The other costs that are involved are the deposit, the first month s rent in advance and the monthly rent. Deposits The amount of the deposit should be a maximum of two months rent. One month s rent is most commonly set, although some landlords avoid this as it could encourage the tenant to substitute the deposit for the last month s rent - five or six weeks may be acceptable. Rent in Advance This is the first month s rent paid in advance and is payable on the first day of the tenancy. If there are problems with raising this amount it is sometimes possible to apply for a Crisis Loan from the Benefits Agency to cover the amount. Once you have found a property that you wish to rent and calculated your Local Housing Allowance entitlement you should complete the application form for a Crisis Loan. If you wish to have one of these forms sent to you so that you are ready to complete it when a suitable property has been found you should contact the Department of Works and Pensions on Alternatively these can be downloaded from their website claimforms. The Crisis Loan, if granted, will be repaid through deductions in your current benefits

7 Rental costs in the private sector The average current rents detailed below are relevant to Spelthorne Borough and the Local Housing Allowance. They should be used as a guideline only as the rents are reviewed each month. The current rents for April 2009 have been assessed as: Room in a house per week One bedroom flat/house Two bedroom house/flat Three bedroom house/flat Four bedroom house/flat Tenancy Deposits per week per week per week per week per calendar month per calendar month per calendar month per calendar month per calendar month There are two main reasons why landlords take deposits: a Holding Deposit - to hold the tenancy for a short period prior to the contact being signed a Security Deposit (sometimes referred to as a Damage Deposit, Rental Deposit or Bond) - to give the landlord a reserve fund in case of problems. If the landlord takes a Security Deposit for an Assured Shorthold Tenancy they must inform you of where they are holding the deposit within 14 days of taking it What exactly should the deposit secure? The usual items are listed below, all of which should be referred to in the letting agreement damage to the property, landlords fixtures, fittings and furniture - beyond normal wear and tear cleaning - for example, a cooker or carpet cleaning rubbish removal - tenants may leave unwanted items of their own such as furniture or general rubbish both inside and outside the property unpaid rent any unpaid account, which vendors may attempt to recover from the landlord - generally speaking this does not apply as the contract for the supply of goods or services is usually between the vendor and the tenant replacement keys/locks when keys are lost or not returned. If keys are not returned it is a landlord s duty to change the locks The letting agreement should state what can be deducted from the security deposit and under what circumstances. For example, if damage occurs during the period of the tenancy then the repair may be funded from the deposit and the tenant would then be required to make the deposit amount up again to its full amount. Tenants often fail to realise just how much things cost. If a landlord brings in someone to clean a cooker or remove rubbish the charge is often much higher than the average tenant would realise, or is generally willing to pay.

8 Guarantors In some circumstances a guarantor may be required. This is someone who will be prepared to underwrite the tenancy. If the rent is not paid for any reason then the Landlord can ask the guarantor to pay the rent on behalf of the tenant. Most guarantors will be expected to have an income of over 20,000 per annum, or be a homeowner, and will often be subject to a credit check before the landlord will accept them. What kind of tenancy agreement will I have? Most tenancies are Assured Shorthold Tenancies (AST) that last for at least 6 months (the fixed term) but usually longer. When your tenancy period expires you do not have to sign a new tenancy if you and your landlord are happy to continue. It then becomes a periodic tenancy. However, it can be beneficial to sign a new agreement, as you then have the security of a further fixed term. The tenancy states the rights and responsibilities that you and your landlord will have during the agreement, you should read it carefully and check these points: what type of agreement are you signing is it for a fixed term and if so how long? what do you have sole use of? how often is the rent due? how often can the landlord increase the rent? how much deposit and rent in advance do you need to pay? are there any other charges you will have to pay? what will happen if you want to leave? You may want to ask the landlord to include a right for you to end the tenancy with one-month notice. This is known as a break clause. This is very important for a fixed term tenant as without a break clause allowing you to give notice; you could be held liable for the rest of the rent for the whole fixed term.

9 Problems If you have problems such as: disrepair unreasonable behaviour by your landlord being asked to leave the property becoming unaffordable for you Our Housing Options officers can help. Contact us as soon as the problem arises. If you rent a self-contained property, your landlord has to give you reasonable notice before entering, unless there is an emergency. Leaving your tenancy If the initial fixed term of your AST has ended, you can give one months notice to leave. Your landlord cannot evict you without reason within the fixed term period, but can give you two months notice to leave after this period has expired. Your landlord has to get a Court Order and Bailiff s Warrant before he can evict you, but this can incur Court costs for you. the tenancy agreement before you sign it. Any reasonable landlord will allow you to take a copy away fro 24 hours so that you can seek advice. Can I get help with paying my rent? If you are on a low income, you may be able to get help towards paying your rent. This section gives you some general information about the local housing allowance; it is not a complete guide. If you are unsure whether or not you are entitled to housing benefit, visit the Housing Benefit Department at the Council offices in Knowle Green, Staines. Ask for a trial calculation to find out how much you may be entitled to. This will tell you roughly what your housing benefit entitlement would be based on your income, savings, household circumstances and rent. You can also do a housing benefit trial calculation on the council s website If you are served a notice seeking possession of the property due to non-payment of rent or failure to adhere to any of the conditions listed in the tenancy, and approached the Council for assistance under the Homeless legislation, you may be deemed intentionally homeless. In this scenario the Council would not have a duty to provide you with accommodation. Who should you contact if there are any problems during the tenancy? Get advice from the housing options team or the local Citizen Advice Bureau if you are unsure about anything in

10 Local Housing Allowance As of 7 April 2008 private rents will no longer be referred to the Rent Officer for an assessment of fair rent. Instead the Local Housing Allowance (LHA) scheme has been introduced. All new or change of address claims for Housing Benefit (HB), received, or treated as received, on or after 7 April 2008, will be assessed under this scheme. There is a category of accommodation (based on the number of bedrooms required) and rate of LHA for a household type. The scheme is to replace the old scheme of referring rents to the Rent Officer (RO) and should speed up the assessment of HB claims. The LHA can be higher than the rent charged. If this applies, then the tenant keeps the excess up to a maximum of 15 per week. For example, if the LHA is per calendar month for the property and the landlord is charging per calendar month, then you could receive up to a 15 per week because the rent is less than the set LHA. Under this scheme HB must be paid direct to the tenant. It cannot be paid direct to the landlord simply because the tenant asks for this. However, there are very specific circumstances when this can be done: where the Council considers the tenant/claimant to have difficulty managing their affairs and is vulnerable because of this where the Council considers that it is unlikely that the tenant will pay their rent where the claim would have mandatory legislative direct payments If payment is made direct to a landlord the maximum payment must be no more than the actual rent due, unless there are rent arrears when the maximum can be increased up to the LHA to cover these. A tenant will only be awarded an LHA for the number of bedrooms the household needs. To calculate the number of bedrooms a household needs, the Rent Officer applies the following criteria: couples one bedroom two children under 10 (even of opposite sexes) one bedroom two children of the same sex under 16 one bedroom person over 16 one bedroom Example: parents two daughters aged 11 and 15 one son aged 12 This family needs three bedrooms and would be awarded LHA for a three bedroom property. one bedroom one bedroom one bedroom Ring the Housing Benefit Office of the local council where you intend to live, to confirm the current allowance. Spelthorne s Housing Benefit Section can be contacted on , or

11 Local Housing Allowance (LHA) frequently asked questions I don t have a bank account, and the Council wants to pay my housing benefit to me directly. The Council and the government are promoting the use of basic bank accounts for tenants receiving benefit. We can help you open a new bank account by providing banking information so that you can manage your own affairs. The use of standing orders and direct debits are an easy and effective way of managing money. You can also get information on opening a bank account from the Financial Service Authority on or at consumer. Are the rates the same no matter where I live in Spelthorne? Yes. any two children under 10 any two children of the same sex aged 10 to 15 for any other child For example, if a property is occupied by a couple and their 14 year old son, they will be entitled to the rate for a two bedroom property. The calculation of kitchens and bathrooms is ignored for the purpose of the calculation. You are entitled to the same monthly LHA rate from the start of the claim for a year unless you have a relevant change of circumstances which may affect the size criteria (e.g. new baby). On the anniversary of the start date of the claim, the benefit will be reviewed to the new LHA rate applicable to the month that the anniversary falls in. How will I manage if I am unable to cope with paying rent? It is recognised that some tenants may struggle with the responsibility of all their financial budgeting and therefore some safeguards are in place. The Council will have the discretion to make payments to landlords where they consider the tenant to be vulnerable. If you need more information on this you may contact the benefit office. The Council is required to make payments directly to the landlord if a tenant builds up rent arrears of eight weeks or more. What am I entitled to? The LHA that you will qualify for, depends on the number of people that live in your household. The following size criteria are used to determine the appropriate number of bedrooms that the household needs. One bedroom each for: every adult couple (same or opposite sex) any other adult (over 16)

12 What if I am single and living in a bedsit. There is a category of LHA for shared accommodation, which is applied where a tenant does not have exclusive use of more than one room and shares any or all of a kitchen, a living room, or a bathroom or a toilet. It also applies to joint tenants. All single claimants under 25 are entitled to the shared rate whether or not they are the sole occupier. This will also be the case for couples or singles over 25 who actually live in accommodation described above, even though they would be entitled to one bedroom under the size criteria. Couples (same or opposite sex) or claimants over age 25 living in self contained one room accommodation (studio flats) will get the two room LHA. How will I manage if I am unable to cope with paying rent? It is recognised that some tenants may struggle with the responsibility of all their financial Budgeting and therefore some safeguards are in place. The Council will have the discretion to make payments to landlords where they consider the tenant to be vulnerable. If you need more information on this you may contact the benefit office. The Council is required to make payments directly to the landlord if a tenant builds up rent arrears of eight weeks or more. For more information you may contact the benefit office on or or benefits@spelthorne.gov.uk

13 Important notes When you find accommodation to rent in the private sector there are some important points to remember: read all the tenancy documents before signing they are legally binding and could give you financial liabilities. only sign the inventory (list of furniture etc) when you are sure it is correct. Tell the landlord if there is anything you do not agree with. get a receipt for your rent in advance and deposit and for every rental payment you make (if not paid by standing order by your bank). make sure the landlord agrees in writing that you will get your full deposit back if there is nothing wrong with the property when you leave. you may need someone to act as a guarantor for your rent. This is usually from a person who is earning an income or owns their own property. ensure that the rent is equivalent or less than the Local Housing Allowance, (set according to bedroom size), as this will act as a guide that you are not being overcharged by the landlord and ensure that your full rent is paid if you are entitled to full housing benefit. two references will probably be asked for. The people cannot be those that are related to you. If you have good references you may be able to negotiate a lower deposit. contact the utilities companies as soon as you move in, to get the meters read. if you are applying for housing benefit, carefully read the claim form and provide all the requested documents as soon as possible. You must complete and return the form on the day or before the tenancy start date. Housing Benefit and Council Tax benefit forms are available from the relevant departments or from the Main Reception at our offices in Knowle Green. tell all benefits agencies about your change of address, if you are claiming. This includes the DWP. be sure what type of tenancy you are signing up to, and how much notice you will have to give when you leave. if you want to give up your tenancy before the end, you will need to give a month s notice and the landlord may insist on payment to the end of the fixed term don t pay a holding fee until you are sure that you can secure the rent in advance, deposit and get housing benefit.

14 Please note: We do not recommend any particular agency or Landlord. These are for ease of reference and can be found in the telephone directory Ashburn Estate Agents Aston Meads Barons Estate Agents Castle Wildish Claremont Lettings Countrywide Residential Lettings Domains Property Services Emerald Estates / Foxtons Frost Partnership Judith Jones Kempton Lettings Knights Residential Lancaster Properties (bedsit/room in shared house) SJF Residential Lettings Ltd Spectrum Tellaroe Townends Your Move Rochills Housing Benefits Department Before you sign a tenancy agreement you should contact the Housing Benefit Department about a trial calculation so that you will have an idea about how much LHA you will receive (if any). Please remember that as your circumstances change, for example if you stop working, your entitlement to benefits may change so you must keep the Housing Benefit Department informed of any changes so that your entitlement can be re-assessed accurately so that you don t loose out on any entitlement you may have. Most local Authorities have a LHA calculator available for your use on their web site. Spelthorne Borough Council s calculator can be found on their web site- Search under the segment titled Housing and Council Tax Benefit, where you will find the icon labelled Housing Benefit/LHA calculator. You are not able to appeal/argue about the amount of Local Housing Allowance set for this Borough but if you feel that your personal calculation of LHA entitlement is not correct you can appeal against the decision, provided it is in writing, within four weeks of the date of the letter which Housing Benefit send you informing you of your entitlement. Ring the Housing Benefit Office of the local council where you intend to live, to confirm the current allowance. Spelthorne s Housing Benefit Section can be contacted on , or