Do you rent, or are you thinking of renting, from a private landlord.pdf

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Do you rent, or are you thinking of renting, from a private landlord?
Do you rent, or are you thinking of
renting, from a private landlord?
housing
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This booklet does not provide an authoritative
interpretation of the law; only the courts can do that. Nor
does it cover every case. If you are in doubt about your
legal rights or obligations you would be well advised to
seek information from a Citizens Advice Bureau, your
local authority’s housing advice service or a law centre, or
to consult a solicitor. Help with all or part of the cost of
legal advice may be available under the Legal Aid Scheme.
Contents
What is the law?
3
When can I be asked to leave?
3
Do I have to leave?
3
Am I entitled to a written tenancy agreement?
4
Can I leave during the tenancy?
4
Can I get help with the rent?
5
What happens if I get into rent arrears?
5
What if my housing benefit is delayed?
5
What can I do if I think the rent is too high?
6
As a tenant what am I responsible for?
6
What is the landlord responsible for?
6
What can I do if my landlord tries to evict me
illegally or is harassing me?
7
My tenancy began before 28 February 1997.
What is my position?
7
Where can I get more information?
8
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What is the law?
If you start renting a property now, the rent is less than
£25,000 per year and you do not live in the same house
as the landlord, the tenancy will automatically be an
assured shorthold tenancy (unless your landlord agrees
otherwise in writing).
It is up to you to agree the length of the tenancy with the
landlord. It can last for a set period (known as a “fixed
term”) or be left open-ended.
When can I be asked to leave?
The landlord can ask you to leave at any time after six
months, provided any fixed term you agreed has ended.
He or she must give you two months’ notice in writing
that he or she wants you to leave.
The landlord can apply to the court to end the tenancy at
any time on certain “grounds” (ie reasons) for possession
set out in legislation.
These include rent arrears – your landlord can apply to
evict you if you owe at least two months’ or eight weeks’
rent; and anti-social behaviour – your landlord can evict
you if you are being a nuisance to local people.
Do I have to leave?
You should leave at the end of the notice period.
However, the landlord cannot force you to leave, but may
apply to a Court for a possession order. If you do not
leave by the date set by the order, the landlord may apply
to the Court for a warrant for eviction. The Court will
then appoint bailiffs to evict you.
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