Private Housing Guide - During your tenancy

DURING YOUR TENANCY Occassionally things go wrong. Whether it’s the boiler that’s broken, you find yourself sharing with some unwelcome furry friends or your circumstances have changed and you need to leave early, know your rights and responsibilities.

SECTION CONTENTS Repairs - landlord’s responsibilities 31

Harassment 33

Damp and mould

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Leaving early 33

Infestations

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REPAIRS

Contact the landlord/agent immediately.

They cannot be held responsible until they have been informed. Give details of what isn’t working, when it happened and if it affects anything else.

Follow up phone calls with an email or letter (and always keep a copy). This is proof that you reported the repair.

Check the ID of anyone who is called to your property e.g. an engineer.

Write to your landlord in the first instance if they haven’t undertaken the repairs within a reasonable period of time.

The law allows the landlord a ‘reasonable period of time’ to carry out repairs, but if you think that they are still taking too long to do them, you should contact the Student Hub.

Landlord responsibilities: Heating and hot water supply Basins, sinks, baths and toilets Structure of the property, windows, external doors, drains and gutters Gas appliances and fixed electrical installations Tenants responsibilities: Report repair issues to landlord or agent Change light bulbs Test smoke alarms and provide batteries Keep the property clean and in good order 31

DAMP AND MOULD Damp can cause mould on the walls and furniture, and make timber window frames rot. It can increase the risk of respiratory illness. It is not always the landlord’s responsibility to deal with damp. It depends on the tenancy agreement, the severity (e.g. if it is causing health problems) and the cause (e.g. disrepair to the exterior of the building).

If you are concerned, you should seek further advice. If you are worried about your health, first contact the landlord, ideally in writing. However, if they fail to respond, you can contact the Environmental Health Department at the council and they should investigate.

Damp and condensation Depending on the cause, heating and ventilation can remove damp and hiring or purchasing a dehumidifier can help.

Avoiding excessive moisture in the air by:

Covering pans whilst cooking

Opening windows after showering

Drying clothes outside

INFESTATIONS Infestations can be a problem. Local councils often offer a service to treat or eliminate them.

WHAT YOU CAN DO

WHAT THE LANDLORD CAN DO

Regularly clean and take out rubbish and recycling. Do not leave anything edible or perishable out; use plastic containers for food. Follow the instructions from pest control professionals.

Block any holes that might be letting pests into the property. If the infestation was an existing problem before your tenancy, the landlord will be responsible for resolving the problem.

BEDBUGS Bedbugs are becoming more and more common in London. Ensure you report this immediately and seek advice about how to deal with the problem. Do not take furniture from the street as they might have an infestation. Be aware that bed bugs can attach themselves to clothing and move from property to property in this way.

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HARASSMENT

Examples of harassment

WHAT IS HARASSMENT Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property or forces you to leave.

Landlords cannot force you to leave without a court order or formal notice being served.

IF YOU THINK YOU ARE BEING HARASSED, YOU CAN SEEK SUPPORT AT THE STUDENT HUB

Stopping services, like electricity

Withholding keys, eg: there are 2 tenants in a property but the landlord will only give 1 key

Refusing to carry out repairs

Anti-social behaviour by a landlord

Threats and physical violence

LEAVING THE PROPERTY EARLY A tenancy agreement is a legally binding contract. Once you sign a tenancy you are obliged to continue paying rent until either:

You and the landlord agree to end the contract early

The contract comes to its natural end

The property is no longer available to you

If a landlord/agent won’t agree to release you from your contract early, then, you will be responsible for the payment of rent for the rest of the tenancy period.

CAN I JUST MOVE OUT? You cannot simply end the agreement unless the following apply:

The property is unfit to live in

Note: This would have to be proven. It will be determined by the Environmental Health Officer from the Local Authority.

You were given misleading information or pressured to take the tenancy

Note: This would have to be proven.

Please make an appointment at the Student Hub if you are experiencing any of the above.

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WAYS YOU CAN LEAVE A PROPERTY EARLY BREAK CLAUSE You may be able to end your tenancy early if the contract includes a break clause. Check the conditions within your tenancy agreement to see if it allows you to leave before the end date.

Note: If you are in a joint fixed term tenancy and you initiate the break clause then all occupiers of the accommodation will have to leave; you cannot use the break clause if only one person wants to leave.

ASSIGNING A REPLACEMENT TENANT A landlord or agent may consider releasing you from your contract if you find a replacement tenant.

If your landlord refuses to consent to an assignment, this may be classed as unfair

There may be a fee for this but landlords cannot charge unreasonable fees, this should be around £50

The assignment must be recorded in writing by ‘Deed’ and signed by the landlord and all the tenants

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It is your responsibility to find a replacement tenant and the remaining tenants must agree

You will remain liable for the rent until the replacement tenant takes over. Your deposit should be returned once it has been established by the landlord that you shouldn’t have any deductions and the replacement tenant has moved in and paid their deposit

Warning: If a new tenancy is not drawn up and the replacement tenant does not pay the rent or defaults on the agreement, then you will still be liable.

SUBLETTING This is when you find a replacement tenant for your room but you continue to make payments to your landlord.

We do not encourage subletting as this can lead to complications such as: property disputes, issues with utilities, no legal protections, insurance problems, surprise roommates and bad behaviour.

Warning: You must get consent from your landlord and housemates before subletting.

SURRENDER A surrender is a voluntary agreement between the landlord and tenant that the tenancy has come to an end. A surrender will terminate the tenancy, whether it is fixed-term or periodic. It must be agreed by ‘Deed’.

The deed must be signed by both landlord and tenant.

A landlord/agent may charge a fee if the tenant/licensee asks to surrender their tenancy/licence. There are restrictions on what can be charged. For more information, read the government’s tenant guidance. http://bit.ly/gov-tenant-guidance