booklet Private tenancies Your rights if you are renting your home from a private landlord

Transcription

1 A booklet Private teacies Your rights if you are retig your home from a private ladlord 1

2 Private teacies This booklet* gives iformatio for people who ret their homes from private ladlords. It does ot cover teacies with housig associatios or coucils. For these types of teacies, see Shelter s free booklets: Housig associatio teacies ad Coucil teacies. For iformatio about how a ladlord should deal with ay deposit you pay, see Shelter s free booklet Private teacies: payig a deposit. If you eed somewhere to stay right ow, see Shelter s free booklet Homeless? Read this. For more iformatio about fidig a private reted place see Shelter s free booklet Fidig a place to live. This booklet oly gives a itroductio to the law i Eglad. If you eed more detailed iformatio, you should get advice from a Shelter housig advice service or a citizes advice bureau; visit shelter.org.uk/advice or cotact Shelter s free housig advice helplie o (ope 8am to 8pm Modays to Fridays ad 8am to 5pm o weekeds). Calls are free from UK ladlies ad mai mobile etworks. If you live i Wales, Scotlad or Norther Irelad you ca cotact Shelter Cymru, Shelter Scotlad or the Housig Rights Service (see Useful orgaisatios o pages 23 24). *Last updated: September

3 Cotets What type of occupier am I? 4 What are my rights ad resposibilities? 4 Mai types of teacies 5 Occupiers with limited protectio 7 How ca I ed my teacy? 9 How ca the ladlord ed my teacy? 10 My ladlord has ot paid the mortgage 15 Ca I pass my teacy o if I die? 15 Ca I trasfer my teacy to someoe else? 16 Ca I ret my room to someoe else? 16 Ret ad ret icreases 16 Housig beefit 20 Where to get further advice 20 Appedix 1: Budgetig forms 21 Appedix 2: Useful orgaisatios 23 3

4 If you ret a property, or part of a property from a private ladlord, you will have certai rights ad resposibilities. For example, you will be resposible for payig the ret i exchage for the right to live there. The type of occupier you are will affect the rights you have, i particular how easy or difficult it would be for your ladlord to lawfully evict you. What type of occupier am I? Most people who ret from a private ladlord are teats, but ot all, as some will be licesees (licesees usually have less security tha teats. You may be a licesee if you live i a hostel or bed ad breakfast). You will ot ecessarily have a particular type of teacy or a licece just because your ladlord says that s what you have. Use this booklet to help you work out the type of teacy or licece you have, or you ca use the teacy checker at shelter.org.uk/advice The type of teacy you have depeds maily o whe your teacy started, or if it has bee reewed, whe your origial teacy started, ad whether your ladlord lives i the same property. There are three mai types of teacy i the private reted sector: assured shorthold (see page 6) assured (see page 6) regulated or protected (see page 7). Although, you may have a licece, or a teacy with basic protectio, if ay of the followig apply: you live i the same house as your ladlord (see pages 8) you live i a hostel or bed ad breakfast (see page 8) you do ot pay ret you have to live i your accommodatio as part of your job (see page 8) you live i accommodatio provided by your family or a fried ad it is ot a commercial arragemet. A verbal agreemet with your ladlord is as legally bidig as a writte teacy agreemet. However, verbal agreemets ca be more difficult to eforce if there is ay dispute ad this applies whether you are the teat or the ladlord so it s worth askig your ladlord to put the agreemet i writig. What are my rights ad resposibilities? All ladlords ad teats/licesees have certai rights ad resposibilities, eve if they re ot writte ito a agreemet. Some rights ad resposibilities apply to all agreemets. Others may be set out i the teacy/licece agreemet. Others are set out i the legislatio that applies to the particular type of teacy or licece you have. 4

5 Your resposibilities Retig brigs with it rights ad resposibilities. It s importat to stick to the rules of your agreemet or you ll risk losig your home. These rules iclude: payig your ret whe it is due takig care of the place ot causig a uisace. Your ladlord s resposibilities Your ladlord also has certai obligatios. If you are a teat the ladlord s resposibilities will iclude the followig, eve if your teacy agreemet says somethig else: followig the lawful procedure if they wat you to leave carryig out certai repairs meetig gas ad fire safety stadards ot disturbig you uecessarily. If you have a licece rather tha a teacy, you may ot beefit from all of these rights. Houses i multiple occupatio Some houses or flats that are occupied by more tha oe household are kow as houses i multiple occupatio (or HMOs), for example houses with bedsits or bed ad breakfasts. If you live i a HMO your ladlord will have additioal resposibilities. If the HMO is at least three storeys high ad cotais five or more people, your ladlord must register her/his HMO with the coucil. Some coucils require ladlords of other HMOs to be registered as well. The coucil ca prosecute ladlords who fail to register. Mai types of teacies There are three mai types of private teacy: assured shorthold (this is the most commo) assured regulated (or protected). All these teacies have basic legal etitlemets, icludig: stoppig other people, icludig the ladlord, from freely eterig your home (although you should let the ladlord i if repairs eed to be doe, see Shelter s free booklet Gettig repairs doe) a right to stay i your home util the ladlord gets a court order for evictio (see page 10) the right to be give your ladlord s ame ad address. You have the most protectio agaist evictio if you are a regulated teat, the least protectio if you are a assured shorthold teat. The type of teacy you have usually depeds o whe your teacy started, or if it has bee reewed, whe your origial teacy started. If your ladlord provided you with a writte agreemet, this will ormally idicate the type of teacy 5

6 you have. However, check with a adviser from a Shelter housig advice service or a citizes advice bureau because what the agreemet says may be wrog. Assured shorthold teacies Most teats of private ladlords are assured shorthold teats. You will automatically have a assured shorthold teacy if your teacy started after 27 February 1997, except i limited circumstaces (see Assured teacies below ad Teacies that caot be assured, assured shorthold or regulated o page 7). You will also have a assured shorthold teacy if your teacy started betwee 15 Jauary 1989 ad 27 February 1997 ad: your teacy was grated for a miimum of six moths; ad your ladlord gave you a otice, before the teacy started, statig that it was a assured shorthold teacy. If you are a assured shorthold teat, the property you ret must be your oly or mai home. A assured shorthold teacy ca be for a fixed term, eg six or 12 moths, or it ca be periodic, which meas it will roll o a weekto-week or moth-to-moth basis. If you have a fixed-term teacy ad it comes to a ed, you may agree to sig a agreemet for aother fixed term. If you do ot, the teacy will still cotiue but as a periodic teacy, ad your rights ad resposibilities remai the same. You do ot have to leave because the fixed term has expired. (See page 10 for details of what your ladlord must do if they wat to evict you.) If your assured shorthold teacy started after 27 February 1997 you have the right to ask your ladlord to provide a statemet of the terms of your teacy. Your ladlord must provide the followig iformatio withi 28 days: the start date of the teacy the amout of ret ad whe you have to pay it how ad whe the ret may be chaged the legth of ay fixed-term agreemet. Assured teacies You are likely to be a assured teat if your teacy started betwee 15 Jauary 1989 ad 27 February 1997 ad your ladlord: did ot give you a fixed-term teacy of at least six moths did ot give you a otice sayig that you have a assured shorthold teacy. You may also be a assured teat if your teacy started after 27 February But usually this will oly happe if your ladlord gave you a writte otice, before the teacy started, sayig that 6

7 you have a assured teacy, or the teacy agreemet states that it is a assured teacy. If you siged a ew teacy agreemet after 27 February 1997, but immediately before this you held a assured teacy i the same or aother property with the same ladlord, you are likely to be a assured teat. Your teacy might be for a fixed period, eg six or 12 moths, or it ca be periodic which meas it will roll o a week-to-week or moth-tomoth basis. If you have a fixed-term teacy ad it comes to a ed, you may agree to sig a agreemet for aother fixed term. If you do ot, the teacy will still cotiue but as a periodic teacy. Your rights ad resposibilities remai the same. You do ot have to leave because the fixed term has expired. If you are a assured teat, the property you ret must be your oly or mai home. Regulated (or protected) teacies You are likely to be a regulated (or protected) teat if your teacy started before 15 Jauary 1989, although there are some exceptios. These teacies are sometimes referred to as Ret Act teacies. If you siged a ew teacy agreemet after 15 Jauary 1989, but immediately before this held a regulated teacy i the same or aother property with the same ladlord, it is likely that you are still a regulated teat. Most regulated teats must live i the accommodatio for the teacy to cotiue. This does ot mea that you caot also live i aother home as well. Regulated teats have strog rights agaist evictio ad the right to have a fair ret set (see page 19). Teacies that caot be assured, assured shorthold or regulated If your ladlord lives i the same buildig you may be a occupier with basic protectio or a excluded occupier istead if this applies to you see page 8. Some other types of teacy caot be assured shorthold, assured, or regulated (protected). These may iclude: busiess teacies teacies where o ret or a very low ret is paid uiversity halls of residece teacies where the ret is more tha 100,000 a year holiday lets. Occupiers with limited protectio If you are a licesee or a teat with basic protectio, or a excluded occupier, you have fewer rights tha the people who hold the types of teacies explaied o pages

8 See below for situatios where this is most likely to be the case. If you are a teat (or licesee) with basic protectio you will have a right to remai i the property util the ladlord obtais a court order to evict you (see page 13). If you are a excluded occupier, the ladlord ca evict you after you have bee give reasoable otice o court order is ecessary (see page 14). I live i the same house/buildig as my ladlord You are likely to be a excluded occupier if: you share the kitche, livig room, or bathroom with your ladlord you live i the same buildig (that is ot a purpose-built block of flats) as your ladlord ad share the kitche, livig room or bathroom with a member of the ladlord s family. If you live i the same buildig (that is ot a purpose built block of flats) as your ladlord, ad the above does ot apply to you, you will be a occupier with basic protectio. If the ladlord lives i aother flat i a purpose-built block you will be a assured shorthold, assured or regulated teat (see pages 5 7). Livig i the same buildig as your ladlord is ofte referred to as havig a residet ladlord. I live i accommodatio provided as part of my job If you have to live i your accommodatio i order to do your job you are likely to be a service occupier, or to be livig i tied accommodatio. As a service occupier you will have most of the same rights as a teat with basic protectio, uless you are oe of the people listed as a excluded occupier (see above). You should ote that if you have a amout deducted from your wages to pay for your accommodatio, this still couts as payig ret. I live i a hostel or bed ad breakfast If you live i a hostel or i bed ad breakfast accommodatio, you will probably be a excluded occupier. You may be a occupier with basic protectio if you have your ow room, the ower does t live o the premises, ad services (eg breakfast or chagig bed lie) are ot provided. If you have bee placed i a hostel or bed ad breakfast accommodatio by a local authority followig a homeless applicatio you will probably be a excluded occupier. Other occupiers with basic protectio You are likely to be a occupier with basic protectio if: you live i a studet hall of residece 8

9 you pay either a very low ret (uder 250 a year, or 1,000 a year i Lodo) or high ret ( 100,000 or more a year) you pay ret for accommodatio provided by family or frieds, but it is ot a commercial arragemet your ladlord is a govermet departmet or the Crow. Other excluded occupiers you live i holiday accommodatio you do ot pay ay ret you live i a hostel ru by a local authority, a housig associatio or charitable housig trust. How ca I ed my teacy? Your teacy (or licece) caot simply ru out. It will cotiue util you or your ladlord ed it. This ca happe by: surrederig the teacy you givig a valid otice to leave your ladlord followig the lawful procedure to ed your teacy (see page 10). Surreder It is possible for a teacy to be surredered at ay time. You ad your ladlord must agree to the teacy edig. Get your ladlord s agreemet to this i writig if possible, to avoid ay dispute later. If you have a joit teacy, all the teats must also agree. If the teacy has ot bee properly surredered you will remai resposible for the ret. Givig otice To serve a valid otice to ed the teacy, you have to give the ladlord (or aget) at least four weeks writte otice (if you pay your ret weekly) or a moth s otice (if you pay your ret mothly). The otice may have to be loger if you pay your ret for loger periods or if your teacy agreemet says so. The otice must also ed o the first or last day of a period of your teacy (the first day of a period of the teacy is usually the day your ret is due), uless your teacy agreemet says otherwise. Oce the otice eds, your teacy eds, ad you o loger have ay right to live i your home. If you have a joit teacy, you ca serve a valid otice to ed the teacy with or without the agreemet of the other joit teat(s). Be aware that oce the otice expires, either you or the other joit teat(s) will have a right to live i your home. If you have a fixed-term teacy you caot give otice durig the fixed term uless your teacy agreemet says this is allowed. If you give your ladlord a otice that is ot valid, the teacy will 9

10 cotiue ad you ca remai liable for the ret, so it is very importat to get it right. Last day of fixed-term teacy If you have a fixed-term teacy it is possible to leave o the actual day your teacy eds without givig ay otice. However, it s best to let the ladlord kow that this is what you ited to do, because it ca help to avoid ay argumets, for example, about the retur of your deposit. If you stay ay loger, you must ed your teacy by givig otice or surrederig your teacy as explaied above. How ca the ladlord ed my teacy? The most importat questio for may teats (ad licesees) is: how difficult is it for my ladlord to evict me? Uless you are a excluded occupier (see pages 8 ad 14) your ladlord must get a court order. First, your ladlord has to give you a writte otice. If you have t moved out by the time the otice period eds, the your ladlord has to apply to the court to evict you. The form the otice must take depeds upo the type of teacy you have. With some types of teacy, the ladlord must have reaso (or groud ) to evict you. With other types of teacy or licece it is ot ecessary to have a reaso. Assured shorthold teats If you are a assured shorthold teat, the ladlord does t eed a reaso to evict you. They must, however, follow the correct procedure. The otice does ot have to be o, or i, ay special form but it must: be i writig ot expire for at least two moths. Ad if you have a periodic teacy (see pages 6 ad 7) it must also: expire o the last day of a period of your teacy (usually the day before your ret is due) state that possessio is required uder sectio 21 of the Housig Act Your ladlord ca give you the otice, i writig, at ay time. Some ladlords will eve serve you with a otice at the start of your teacy. This kid of otice is valid idefiitely. If you have a fixed-term teacy, the ladlord caot apply to the court for a possessio order util the fixed term expires, uless there is a clause i the teacy agreemet that eables your ladlord to brig the fixed term to a ed early (this is kow as a break clause ). 10

11 A ladlord caot use this kid of otice if: you live i a house i multiple occupatio that should be licesed but is t (see page 5) the deposit you paid is ot protected i a govermetapproved scheme or you have t bee give the required iformatio about the scheme used (see page 17). Although if the deposit has bee retured to you s/he ca use this kid of otice. Provided the otice was valid ad has expired, the court will have o choice but to make a possessio order. The possessio order will give you the date you have to move out of your accommodatio; this will ormally be i 14 days. You ca ask the court for more time before the order takes effect. You ca oly be give up to six weeks, ad the oly if you would suffer exceptioal hardship as a result. A ladlord who uses this type of otice to evict you ca avoid the eed for a court hearig by usig the accelerated possessio proceedigs. If your ladlord does this, the court will sed you a form for you to complete ad retur to the court if you thik your ladlord has ot served the proper otice. If you are a assured shorthold teat the ladlord ca also use the same otice ad procedure as s/he would to evict a assured teat (see below). Assured teats If you are a assured teat you ca oly be evicted if your ladlord ca prove a reaso (or groud ) to the court. Firstly, the ladlord must give you a writte otice seekig possessio. The otice has to be for a set legth of time ad iform you that the ladlord ca apply to the court for a possessio order oce it expires. The legth of time o the otice ca be either 14 days or two moths, depedig o the reasos for the evictio. However, if your ladlord wats to evict you because they say you have bee ivolved i serious atisocial behaviour, or domestic violece, they ca apply to the court immediately ad ca ask it to dispese with the eed to serve a otice. The reasos for possessio are split ito two groups, kow as madatory grouds ad discretioary grouds. Madatory grouds If your ladlord proves a madatory groud for possessio, the court has o choice but to make a possessio order. The court has to be satisfied, however, that the groud exists, but you may be able to show the court otherwise. 11

12 Examples of madatory grouds iclude that: you have more tha eight weeks ret arrears owig at the time the ladlord served the otice ad at the date of the court hearig the property is beig redeveloped. Discretioary grouds If your ladlord is usig discretioary grouds for possessio, the court ca oly make a possessio order if the ladlord proves the groud ad it is reasoable to do so. Examples of discretioary grouds iclude that: you have some ret arrears you have a history of payig your ret late you have broke your teacy agreemet you have caused serious uisace or used the property for illegal activities you have damaged the property. The court will take ito accout your circumstaces (eg your health, icome, or whether you are able to pay off ay ret arrears) whe it decides whether it is reasoable for a possessio order to be made. Whe dealig with claims brought o the grouds of atisocial behaviour, the court must also cosider the effects of ay atisocial behaviour o other people. Regulated (or protected) teats If you are a regulated teat you ca oly be evicted if your ladlord ca prove a reaso (or groud ) to the court. Your ladlord caot evict you without obtaiig a possessio order from the court. Normally the ladlord must first give you a writte otice to quit that does ot expire for at least 28 days. The reasos for possessio are split ito two groups, kow as madatory grouds ad discretioary grouds. Madatory grouds If your ladlord proves a madatory groud for possessio the court has o choice but to make a possessio order. The court has to be satisfied, however, that the groud exists, ad you may be able to prove otherwise. Examples of madatory grouds iclude that: the ladlord previously lived i the property ad gave you a otice at the start of the teacy that s/he may wish to retur the ladlord purchased the property while i the armed forces with the itetio of livig i it whe they left the forces. Discretioary grouds If your ladlord is usig discretioary grouds for possessio, the court ca oly make a possessio order if the ladlord proves the grouds ad it is reasoable to do so. Examples of discretioary grouds iclude that: you have ret arrears you have broke your teacy agreemet 12

13 you have caused serious uisace to your eighbours you have damaged the property. The court will take your circumstaces (eg your health, how log you have lived there, or whether you are able to pay off ay ret arrears) ito accout whe it decides whether it is reasoable for a possessio order to be made. Occupiers with basic protectio To evict you, your ladlord must serve you with a otice to quit. A valid otice must be: i writig ot expire for at least four weeks ed o the first or last day of a period of your teacy (uless the teacy agreemet says otherwise) the first day of a period of a teacy is usually the day your ret is due. If the valid otice has bee served, the court must make a possessio order. The possessio order will give you the date that you have to move out of your accommodatio this will ormally be i 14 days. You ca ask the court for more time before the order takes effect. But you ca oly be give up to six weeks, ad the oly if you would suffer exceptioal hardship as a result. Whe ca my ladlord apply for a court order? Oce the otice eds, your ladlord ca apply to the court for a possessio order. The court will the sed you: details of the ladlord s claim for possessio a defece or reply form details of the time ad date of the couty court hearig (uless you are a assured shorthold teat ad the ladlord is usig the accelerated possessio procedure (see page 11)). If the otice you were give is valid, the court will make a decisio o gratig possessio to the ladlord. The decisios a court will make will deped o the type of teacy you have ad the reasos for edig it. Advice at court It is always better to get advice before you get to court. However, may courts have a duty adviser or solicitor who may be able to give you last-miute advice ad speak for you i court. What orders ca the court make? The judge will make a decisio at the court hearig. If you do ot uderstad what it meas, check with a adviser. It is likely that the judge will do oe of the followig: Strike out the ladlord s claim the judge could do this if the 13

14 ladlord had t followed the proper procedure or the grouds for possessio were ot proved. S/he will have to start the process agai if s/he wats to evict you. Adjour the hearig to aother date this is usually to give you more time to prepare your case or sort out ay problems with housig beefit. Adjour the hearig o a coditio for example that you pay your ret regularly, plus pay somethig towards the arrears. If you stick to the coditios set, the case may ot go back to court. Make a postpoed/suspeded possessio order you will ot be evicted but if you break the coditios of the order you are at risk of beig evicted. This type of order is ofte meat to be a last chace. Try to get advice from a Shelter housig advice service or a citizes advice bureau as soo as possible if you break the coditios of the order, as it is ofte possible to stop or delay evictio. Make a outright possessio order this meas that the property must be give back to the ladlord o a certai date. If you do ot leave, the ladlord ca apply for the bailiffs to evict you. Make a moey judgemet this meas that you have to pay the ret arrears, regardless of whether or ot you are evicted. If you do ot pay, this may affect your credit ratig, which could make it more difficult for you to fid a ew home i the future. This order ca be tied to oe of the above orders. Illegal evictio If your ladlord tries to evict you without gettig a court order, (uless you are a excluded occupier see below) this ca be a crimial offece. The housig departmet of your local coucil should help if you have bee illegally evicted or harassed by your ladlord. You may also be able to obtai a court order requirig the ladlord to allow you back ito the property. For more iformatio see Shelter s free advice booklet Harassmet ad illegal evictio. Excluded occupiers Your ladlord ca evict you oce you have bee give reasoable otice. Reasoable otice is usually 28 days, but it ca be less depedig o the circumstaces of evictio. If you have a teacy agreemet it should say how log the otice must be. The otice does t have to be i writig it ca be give verbally. The ladlord does ot eed to go to court ad you will be required to leave whe the otice eds. However, it is a crimial offece for the ladlord to use, or threate you with, violece while evictig you. 14

15 My ladlord has ot paid the mortgage If your ladlord gets ito arrears with their mortgage, ad the bak or buildig society repossesses the property you are livig i, you will ormally have to leave, whatever sort of teacy agreemet you have. The leder must sed otice to the occupiers of a property to say it is takig possessio actio for mortgage arrears. The possessio order the leder gets from the court will ormally apply to you as well as your ladlord. Sice 1 October 2010, if you have a assured, assured shorthold, protected or statutory teacy you have the right to ask the court makig a possessio order to postpoe the possessio date for up to two moths, to give you extra time to look for ew accommodatio. If the possessio order has already bee made, you ca ask the leder to give you a assurace i writig ot to eforce the order for two moths. If the leder does ot agree, you ca ask the court to susped the order for up to two moths. For more iformatio, cotact a local Shelter advice service or citizes advice bureau, or by rigig Shelter s free housig advice helplie o , or by visitig shelter.org.uk/advice The leder may ot be able to evict you if: your teacy started before the mortgage was take out (this is rare but ca happe, especially if your ladlord remortgaged the property after you moved i) the leder coseted to the ladlord gratig you a teacy. Ca I pass my teacy o if I die? If you have a joit teacy, the other teat will automatically take over the teacy if you die. If you are the sole teat, ad either a assured, assured shorthold or regulated teat, the law allows your teacy to be passed o. The legal process is called successio, ad it ca ormally oly happe oce. If you are a assured or assured shorthold teat ad you have a fixed-term teacy, you ca leave the teacy to aother perso i your will, although the ladlord may be able to get a possessio order if this happes. If you are a assured or assured shorthold teat ad you have a periodic teacy, the teacy ca oly pass to your wife, husbad, civil parter or co-habitee. Oly oe successio is permitted. 15

16 If you are a regulated teat the rules are more complicated. O your death, the teacy ca pass to your wife, husbad, civil parter or co-habitee. If there is t ay wife, husbad etc the teacy ca pass to a family member who has lived with you for at least the last two years. I limited cases, it is possible for there to be a secod successio. If you do ot have a assured, assured shorthold or regulated teacy, you are ulikely to be able to pass o your teacy i the evet of your death. Ca I trasfer my teacy to someoe else? The rules are complicated ad vary accordig to the type of teacy you have. However, most private teats ca oly trasfer their teacy to someoe else if the ladlord agrees to it. Sometimes your teacy agreemet will say whether you ca or ot. If you do ot follow the correct procedure, you could still be legally resposible for payig the ret ad the perso who stays o could be evicted. It is possible for the courts to order the trasfer of the teacy to your husbad, wife or civil parter if your relatioship has broke dow. Ca I ret my home to someoe else? Depedig o the type of teacy you have, you may be able to ret out a room i your home. Usually, if you ret a room, the perso who moves i is a lodger ad they have the rights of a excluded occupier (see pages 8 ad 9). You are allowed to do this uless your teacy agreemet says otherwise. However, if you create a teacy with a perso to whom you are retig a room, this is called sublettig. You usually eed your ladlord s permissio to do this. To avoid future problems you may wish to check the situatio with a Shelter housig advice service or citizes advice bureau before you let the room out. Retig out your whole property is rarely permitted. If you are a assured or assured shorthold teat it is a requiremet that you occupy the property as your oly or pricipal home. It is also a requiremet for most regulated teats that they occupy the property, ad you caot be occupyig the property if you have reted it all out. You will be at great risk of losig your teacy if you ret out your whole property. Ret ad ret icreases Rets i the private sector ted to be higher tha coucil or housig associatio rets, ad the differet 16

17 types of teacies have differet rules o payig ret ad ret icreases. You have to pay the ret that you agreed with your ladlord. If you do ot pay your ret, the ladlord ca take actio to evict you. If you are give a writte teacy agreemet, details of your ret ad whe it should be paid will ormally be icluded i it. Ofte it is a coditio of a teacy that you pay your ret i advace. The agreemet will usually set out if ad whe the ret ca be icreased. If you have a fixed-term teacy, the ret ca oly be icreased if the teacy agreemet allows for a icrease to be made. It is ulawful for your ladlord to try to icrease your ret i a way that is differet from what is i the teacy agreemet, uless you agree to the icrease. The particular rules that also apply to the differet types of teacies are set out below. If you eed help with payig your ret ad you are o a low icome, you may be able to get housig beefit (see page 20). Before movig i Before you move ito a ew home you should check: how much the ret ad ay service charges will be whe ad how you eed to pay the ret whe or if the ret ca be icreased. Deposits Most private ladlords will wat you to pay a deposit before you move i, to cover o-paymet of ret or damage to the property. If you do t have moey for a deposit there may be a ret deposit or bod scheme i your area that ca help you. They are usually ru by the local coucil, a housig associatio or a local advice cetre. Sice 6 April 2007, whe you pay a teacy deposit for a assured shorthold teacy to a private ladlord or lettig aget, s/he must protect your deposit by usig oe of the three govermet-approved schemes: Deposit Protectio Service (DPS) MyDeposits The Dispute Service (TDS). Your ladlord or lettig aget must provide you with all the iformatio the law requires withi 30 days of receivig your deposit, icludig: the ladlord s ame ad cotact details the amout of deposit paid ad the address of the teacy details of the teacy deposit protectio scheme they are usig a copy of the deposit protectio certificate siged by the ladlord how to get your deposit back at the ed of the teacy what to do if there is a dispute about the deposit 17

18 iformatio about the purpose of the teacy deposit protectio scheme. If the ladlord or aget does ot use a approved scheme, the court ca order your ladlord to pay you a sum up to three times the deposit. For more iformatio about deposits ad how to deal with disputes that arise about the retur of your deposit at the ed of your teacy, see the free Shelter booklet Private teacies: payig a deposit. Ret books Your ladlord will oly have to give you a ret book if you pay a weekly ret. Ret books must iclude: the ame ad address of the ladlord, ad the ladlord s aget (if they have oe) how much the ret is iformatio about your rights to protectio from evictio iformatio about your right to claim housig beefit iformatio about agecies who ca give you further advice. If you are ot give a ret book you should make sure you have a record of ay ret paymets you make i order to avoid ay dispute about whether the paymets were made. Assured ad assured shorthold teats There is little ret cotrol with these types of teacies. The iitial ret for the property will be the amout you accept whe you sig your teacy agreemet or you move i. This is referred to as a market ret. If you are a assured shorthold teat you ca apply to a Ret Assessmet Committee (RAC) for the ret to be reviewed if you thik it is substatially more tha that for similar assured shorthold teacies i your area. Assured shorthold teacies however, ca be evicted fairly easily (see page 10), so teats rarely do this. RACs set market rets for assured ad assured shorthold teats, ad hear fair ret appeals for regulated or protected teats. Details about the RAC coverig your area ca be obtaied from the Residetial Property Tribual Service (see page 23). If you have a periodic teacy (ie ot a fixed-term teacy or your fixed-term teacy has expired ad ot bee reewed), your ladlord ca oly icrease your ret by: agreeig a ew ret with you followig the ret review or icrease arragemets as set out i your teacy agreemet servig otice of itet to icrease ret, usig a particular form. This procedure ca oly be used oce a year. If you have a fixed-term teacy, the ret ca oly be icreased if the teacy agreemet allows for a icrease to be made. 18

19 Regulated (or protected) teats Regulated or protected teats are etitled to a fair ret. A fair ret is geerally lower tha the ret paid by assured ad assured shorthold teats for similar properties. A fair ret is set by a ret officer ad is the maximum ret your ladlord ca charge. If you do t already have a fair ret registered, you or your ladlord ca apply to get oe registered by the ret officer. If there is a fair ret registered o the property this ca ormally oly be icreased oce every two years. The icrease allowed is calculated usig a set formula. If your ladlord has made substatial improvemets to your home, the ret icrease ca be higher. If your ladlord is allowed to icrease the fair ret ad you do t agree to the ret icrease, you may be able to challege by applyig to the Ret Assessmet Committee. Ret arrears If you fail to make a paymet of ret whe it is due, the missed paymet is said to be ret arrears. Ret arrears ca lead to your ladlord takig steps to evict you. However, if you speak to a Shelter adviser as soo as you have problems payig your ret, your chaces of savig your home ca be greatly icreased. The paymet of your ret has to be a priority. If you are experiecig fiacial problems you ca also use the budgetig forms o pages to work out your budget to see what you ca afford, ad to see whether you ca make savigs o o-essetial spedig (eg gym membership, meals out). Disputes with the ladlord If your ladlord stops collectig or refuses to accept your ret because of a dispute, you should take steps to protect yourself, because the ladlord may try to evict you for o-paymet of ret. Write to your ladlord statig you wish to pay the ret, ad keep a copy of the letter. Also, pay the ret ito a bak or buildig society accout so that you have the moey to pay whe the ladlord evetually agrees to accept it or if s/he takes you to court o grouds of ret arrears. If you are uhappy with the way your ladlord is carryig out their obligatios, eg by failig to carry out repairs, you do ot have the right to withhold ret. If you do this, the ladlord may try to evict you for o-paymet of ret. If your ladlord is failig to carry out repairs, there are other steps you ca take, seek advice from a Shelter housig advice service or a citizes advice bureau or see the free Shelter booklet Gettig repairs doe. 19

20 Housig beefit If you are claimig welfare beefits or have a low icome, you ca claim housig beefit to help pay your ret. However, some people from abroad ad most full-time studets are ot etitled to housig beefit. If you are etitled to housig beefit, you may be paid a amout equal to your full ret or a amout towards it. The amout you get will maily deped upo your ret, your icome, your savigs, the size of the property ad the umber of people i your household. Most teats with private ladlords will be paid housig beefit usig the local housig allowace (LHA) system. You ca fid out what the LHA rate is for your size of property i your area, or the size of property you are lookig for, by visitig the LHA Direct website at lha-direct.voa.gov.uk You caot be paid more housig beefit tha the maximum LHA rate. If you live i certai parts of the coutry, such as Lodo, this ca make it difficult to fid a property where housig beefit will cover all your ret. Local coucils pay housig beefit. For more iformatio, visit your local coucil housig beefit office, a Jobcetre plus, a Shelter housig advice service or a citizes advice bureau, or see Shelter s free booklet Housig beefit. Where to get further advice This booklet is oly a itroductio to the law. If your problem is t covered or fully explaied here, or you are havig problems with your ladlord, you ca cotact a adviser to discuss your situatio. A adviser may be able to help by: explaiig the rights you have to stay i your home helpig you claim housig beefit explaiig complicated legal matters egotiatig with the ladlord o your behalf helpig with practical issues, paperwork ad court hearigs. You ca get advice from a local Shelter advice service or citizes advice bureau, by cotactig Shelter s free housig advice helplie o , or by visitig shelter.org.uk/advice If you go to a solicitor for advice, you may be etitled to free legal help. May solicitors do ot offer legal help, but you ca get details of those who do from Commuity Legal Advice (see page 23). There is a meas test. You will qualify for legal help if you are o certai beefits or you have a low icome. If the solicitor does ot offer legal help, or you are ot eligible for it, you will have to pay. 20

21 Appedix 1: Budgetig forms The followig two forms ca help you uderstad how much moey you have to pay your bills each moth. There is also a helpful olie budget calculator o Shelter s advice pages at: tiyurl.com/shelter-budget-calculator Budgetig forms Icome per moth Wages Child beefit Other beefits Child maiteace Studet loas Other Total 21

22 Outgoigs per moth Ret Electricity/gas Water rates Coucil tax Isurace TV licece/satellite, cable etc Phoe/Iteret Mobile phoe Credit card(s) Studet ad other loas Travel to work Car Child/childre related expeses Child maiteace paymets Food Toiletries Clothes Cigarettes Alcohol Goig out Holidays Other Total 22

23 Appedix 2: Useful orgaisatios To cotact Shelter You ca call our free housig advice helplie o (The helplie is ope 8am to 8pm o Modays to Fridays ad from 8am to 5pm o weekeds. Calls are free from UK ladlies ad mai mobile etworks.) We ca provide miicom or iterpretig services if required. Visit shelter.org.uk/advice for iformatio about your housig rights ad details of our local advice services. Advice UK mail@adviceuk.co.uk Citizes Advice To fid details of your local bureau go to Commuity Legal Advice To get free iitial advice, call the helplie o Court service HMCSCourtFider/FormFider.do Departmet for Work ad Pesios Directgov Housig Rights Service (Norther Irelad) Jobcetre Plus MoeyTaxAdBeefits Law Cetres Federatio ifo@lawcetres.org.uk Law Society A olie database of solicitors choosigadusig/fidasolicitor.law MyDeposits customerservices@mydeposits.co.uk Natioal Debtlie Residetial Property Tribual Service (RPTS) residetial-property 23

24 Shelter Cymru sheltercymru.org.uk Shelter Scotlad shelterscotlad.org Teacy Deposit Scheme The Deposit Protectio Service The Moey Advice Service

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28 Util there s a home for everyoe I our affluet atio, tes of thousads of people wake up every day i housig that is ru-dow, overcrowded, or dagerous. May others have lost their home altogether. The desperate lack of decet, affordable housig is robbig us of security, health, ad a fair chace i life. SH118 September Shelter believes everyoe should have a home. More tha oe millio people a year come to us for advice ad support via our website, helplies ad atioal etwork of services. We help people to fid ad keep a home i a place where they ca thrive, ad tackle the root causes of bad housig by campaigig for ew laws, policies, ad solutios. Visit shelter.org.uk to joi our campaig, fid housig advice, or make a doatio. We eed your help to cotiue our work. Please support us. 88 Old Street Lodo EC1V 9HU Tel: shelter.org.uk Registered charity i Eglad ad Wales (263710) ad i Scotlad (SC002327). 28