Published: 09/07/2020There are many laws in place designed to protect tenants. Below are ten legal tips to help first-time renters.
1. Tenancy Agreement
Understanding your lease is the most important thing. You must read the small print that is set out in the agreement because if you breach the conditions, the Landlord can legally evict you. Check the length of the lease, who’s responsible for which bills, insurance obligations, and your obligations.
Make sure you clear up anything you’re in doubt about (preferably in writing) before signing on the dotted line. It is the legally binding document between you and the Landlord, and signing it means you agree to everything.
Landlords are required to provide you with an up to date Energy Performance Certificate (EPC), Gas Safety Certificate, contact details and a ‘How to Rent’ guide before moving in.
Since April 2007, it has been a legal requirement for the Landlord to hold a deposit. Make sure you know who holds your deposit; there are three government-approved schemes that give the tenant protection from the Landlord deducting an unfair amount when leaving the rental.
By law, the Landlord has to ensure that the property is a safe environment. The following must apply:
- Soft furnishings need to be fireproof
- Gas and electrical appliances must have up to date certificates
- Smoke alarms have to be fitted on all floors
- Carbon monoxide alarms in rooms where there is either a wood or coal burner and preferably where there is a boiler
5. Basic Utilities
By law, the Landlord must provide the essential services for living in the property. These include running water, gas and electricity. If there are issues with any of them, the Landlord must fix them promptly.
From time to time, your Landlord may need to visit the property. If it isn’t an emergency that could damage the property, then 24 hours notice must be given. Approximately every six months, property inspections need to be conducted by either the Landlord or the estate agent, but these must be prearranged.
7. Rent Arrears
Withholding rent is a breach of the contract and can lead to legal action and eviction. If you’re having financial difficulties, speak to the Landlord and make them aware. They’re much more likely to be sympathetic if you’re upfront and explain the situation. For more information on this, you can contact your local authority, Citizens Advice, or Shelter.
It is the tenant’s right to dispute any deductions from the deposit if deemed unreasonable. A Landlord cannot replace a used armchair with a new armchair as replacements have to be on a like for like basis. If the tenant and the Landlord cannot agree, the deposit holder will reach a judgment on evidence provided on both sides.
9. Wear and Tear
Wear and tear is “reasonable use of the house by the tenant and the ordinary operation of natural forces.” It depends on:
- the length of the tenancy
- the initial condition
- how many people have lived in the property
- the quality and age of the items
After a formal request for the deposit to be returned, it should not take more than ten days to process. It is essential to request a refund as soon as you vacate the property. You have the legal right to be informed of any proposed deductions.