Tenants

Things to know about the space and stuff you're about to rent:

1. Know your inventory
2. Are the space and stuff in it fit for habitation?
3. Repairing the space without the landlord

1. Inventory

a) Moving In

Immediately agree on inventory face to face at the start of the tenancy.There is no legal requirement to produce an inventory. However, check the inventory carefully to make sure it is accurate and that everything is in working order.
Note the state of decoration, anything that's damaged, any marks, scratches or burns to furnishings and note anything that's about to wear out.
Agree any changes to the inventory with both parties. Then, both parties should sign it and keep a copy.
If tenants do not have the co-operation of the landlord, they should do an inventory themselves with an independent witness, such as a friend.
It's a good idea for tenants to take photos to record any issues with the property when you move in. Send copies to the landlord / agent, either recorded delivery or via the internet, immediately.
Ensure all furniture supplied by your landlord meets safety regulations

b) Moving Out

Do same as moving in. Again, if the landlord won't do an inventory when a tenant is moving out, or until after they have left, tenants should carry it out themselves with an independent witness.

c) Returning Tenant's security deposit

The deposit a tenant paid should be returned in full unless there is damage to the landlord's property. Whether or not the tenant has broken the contract, your landlord can only claim for any financial loss they have actually suffered. If the tenant is worried about this, get advice.

2. Fit for Habitation

The risk of exercising your rights:

Landlords are legally required to carry out certain repairs, but tenants need to consider the risk that the landlord might try to evict rather than do the work, unfair as it is.
Assured short hold tenants usually have less protection. Usually the landlord can make tenants leave by following the correct procedure.

As such, below are some tips on what landlords and tenants can legally expect from each other.

Landlord's responsibility and rights.

i) Health & Safety:

The responsibility for Health and Safety lies with landlords. Landlords, who do not provide an agreed service or, not provide an adequate level of service, should be contacted about those issues as soon as possible.
The landlord is responsible for ensuring the safety of all gas, electric fittings and appliances rented to tenant as part of their tenancy.
Tenants should contact their local Health and Safety Executive (HSE) if the landlord refuses to regularly inspect (and / or supply the tenant with a record of the inspection) gas appliances.
All upholstered furniture provided by the landlord must comply with regulations and all provided furniture must be fire resistant. Furniture not carrying a resistant label does not meet regulations and therefore must be replaced.
Tenants unsure of the fire hazard of a property should first tell their landlord. If concerns continue about fire hazards, contact the council as they can inspect the problem and make the landlord put it/them right.

Each time the property is re-let it will be classed as supplying for the first time. All new and second-hand furniture provided in accommodation that is let for the first time, or replacement furniture in existing let accommodation, must meet the fire resistance requirements unless it was made before 1950.
Tenants should get the landlord to repair damage to the structure, or exterior, or any part of the building owned by the same landlord, if the damage is interfering with the tenant's enjoyment of the property. However, the landlord does not have to do the repair if he or she does not own the part of the property which is causing the damage, or the landlord cannot get access to the part of the property which is causing the damage.

The landlord may not be responsible if the building simply does not comply with modern building practices, or if dampness has occurred due to tenants use of the home [e.g. drying clothes indoors or blocking heating vents]. However, landlords may have to take action if the council sees it as a hazard. Get independent advice from your local authorities.

ii) Maintaining the space and stuff:

If the agreement does not name anyone as responsible for the garden, then nobody is. If tenants are not responsible, they should ask the landlord before tenants do any gardening themselves.
Usually, if tenants want to redecorate, they will need the landlord's permission on what can be done [e.g. The landlord may want tenants to paint over bright colours before they leave]. The tenant should write down what needs doing and, ask the landlord [or the landlord's agent] to agree in writing.
If you want something new, it is an improvement and not a repair e.g. replacing a broken shower is repair, but, installing a shower for the first time in an improvement. The landlord may have to make improvements if the property is unsafe or incomplete when tenants move in. If the work is an improvement, your landlord does not necessarily have to ‘make good'. The landlord needs your permission for improvements, so make sure the landlord will make good before you agree to the work.
Some landlords, especially councils and housing associations, will make the improvements needed if a tenant is disabled. Tenants or landlords may be able to get money from the council to pay for improvements to help a disabled person. Landlords unwilling to make their property accessible for a disabled tenant may be illegally discriminating. Seek legal advice.
If the landlord is responsible for repairs, the landlord also has to make sure that the work is carried out properly. When repair work is carried out, damage to internal decorations should be ‘made good'.

iii) Landlord's right of entry:

After landlords notify the tenant in writing, they may, at reasonable times of the day, enter the property to inspect its condition and state of repair. Usually the landlord must give the tenant 24 hours notice in writing before they carry out such an inspection. Although landlords should arrange the repairs, tenants may have to endure the inconvience of letting the contractor into the property.
Landlords can get the court to force tenant to give access, but why would tenant refuse?

Your landlord does not have a right to enter in any other circumstances unless they have a court order.
The landlord's workers may have to use electricity and other services while they are doing the work. If tenants think the usage is excessive, or if it continues for a long time, tenants should ask their landlord for a contribution towards the bills.
If major repairs are necessary, landlords may ask tenants to move out for a while [‘decanting']. The onus is on the landlord while the work is going on, and they should compensate tenants for any extra expense [e.g. Extra travel costs to/from work]. Tenants are still liable to pay the usual rent during this time.
If repair work has caused a tenant disruption, they may be entitled to claim a reduction on their rent. Tenants should claim a reduction after the work has been done.

Tenant's responsibility and rights.

i) If you cause damage:

Accidents happen, so strike early if you cause damage! Do not wait, as the repairs could end up costing the landlord more, and you may have to pay the extra cost.
Always report the repairs in writing. If it is urgent, make a telephone call first, but always write as well. Date your letter, mention the phone call date & time and, keep a copy.
Tenants should tell the landlord immediately of any damage to the landlord's property so agreement can be sought on how replacement or payment is to be arranged. Replacements should be ‘like-for-like'.
Also, it is good practice for the tenant to inform the landlord of situation which may result in damage to the property, like a leaking roof, even though it is the landlord who is usually responsible external and major repairs.
Tenants are not responsible for wear and tear as time and use will result in furniture becoming worn. This includes making good redecoration caused by fair wear and tear.
So long as the tenant's negligence isn't responsible for any appliance break down, landlords are obliged to repair or replace the appliance.
The landlord may make the tenant repair [or pay for] damage to the property caused by installing or removing your appliances and furniture. This is deemed as the tenants fault.
If a tenant or a guest damages furniture or equipment provided by the landlord, tenants are responsible for repairing or replacing it, even if the damage was accidental.
If the flat is damaged because of another tenant in the block, the landlord may have a responsibility to stop damage continuing or get the other tenants to stop causing damage.

ii) Repairing / improving the space:

If the landlord agrees that the tenant can arrange for repairs to be done, tenants should get their written confirmation before any work is started, and always get receipts for any work done, and for any parts or materials bought.
The landlord or their agent should be approached first. If the landlord does not accept responsibility for the repair and, the tenant is sure the repair is not his responsibility (see contract), seek legal advice.
The time to repair must be reasonable, and this depends on the type of repairs needed. There are no fixed time limits. Urgent repairs should usually be carried out within a day, while repairs needing heavy works may take months to complete. Where repairs will take months, the landlord may need to carry out temporary repairs.

iii) 12 steps to follow for tenants carrying out work in A.S.T. accomodation:

1. You should always check your housing status before you complain about housing conditions, as some landlords try to evict tenants who wish to enforce their legal rights to repair.
2. You should write out a description of the problem and collect evidence such as photographs, a report from environmental health officers, and medical reports if the disrepair is affecting your health or the health of someone in your household.
3. Even where there is disrepair, you do not have the right to withhold [stop paying] rent.
4. In a nutshell, take and date photographs of the disrepair and anything of yours that needs repairing.
5. Keep belongings that have been damaged. Work out how much the damage the damage will cost. Find original purchase receipts or work out the replacement or repair cost.
6. Get an expert to inspect your home.
7. Often, the council's environmental health officer will be the best person, but other organisations may be useful in specific circumstances [e.g. .the fire service can advise on fire safety]. Get advice [e.g. from a Housing Aid Centre or Citizens Advice Bureau] if you are unsure, or if you are thinking about paying for a private inspection.
8. Keep copies of any letters or emails about the disrepair, particularly to/from the landlord or agent.
9. Write a note of any conversations you have with your landlord about disrepair. Include the date and what was agreed.
10. If someone is injured or made ill, see you doctor or go to hospital. Keep a record of treatment, and how long the symptoms last. You can get copies of medical records later on if needed.
11. Keep receipts for any money you need to spend [e.g. replacement clothes, cleaning materials.
12. You should carry on paying your rent while you try to get the repair work done, as your landlord may try to evict you if you have rent arrears.

iv) 8 steps to follow if the landlord is unwilling to carry out the work:

1. Report the repairs to the landlord in writing and allow time for them to be done.

2. Write to your landlord again, explaining that you intend to do the work yourself and take the costs out of the rent unless the repairs are done within a certain time [e.g. two weeks]. Once this time has passed, get three quotes/estimates for the work from reliable contractors.

3. Go with the cheapest quote unless your landlord arranges for the repairs to be done within a certain time [e.g. a further two weeks].

4. Once this time has passed, if your landlord has not responded, arrange for the work to be done by the contractor that gave the cheapest quote.

5. Pay for the work yourself and send a copy of the receipt to your landlord, asking her/him to refund the money.

6. If your landlord does not pay you back, write to say that you are going to deduct the money from your future rent. Explain exactly when the deductions will start and how long you will withhold rent for. Be sure to keep copies of all correspondence, and keep accurate records of what you have paid and when.

7. For any court action - seek legal advice

8. If other tenants in the same building, or estate, have the same repair problem, tenants can join forces. But each tenant should make sure that they or other tenants report the repair problems individually as well as a group.

Again, a warning:

The vast majority of landlords are responsible and fair. However, councils have the power to prosecute people who commit offences and / or harassment under the Landlord and Tenant Act 1985.

Despite tenants having rights protected by law, certain problems can be difficult to sort out.

We suggest tenants contact their local authority or police to seek legal advice if any of the following issues affect them:

1. Relationship breakdown or domestic violence resulting in you having to leave the property.
2. The landlord is trying to evict you without a Court Order and /or will not carry out reasonable repairs.
3. Your landlord enters the property without notice. Reasonable access is the only reason your landlord may enter the property without a court order.
4. Anti-social behaviour or actual physical violence. It is an offence for a landlord to do anything likely to make you leave the property or prevent you exercising your legal rights (e.g. obstructing access to the property, creating unreasonable noise, disconnecting utilities). It is also illegal to harass on the ground of race, sex, sexuality, religion or disability. Harassment covers both language and actions you find offensive.
5. Landlords have the right to keep keys for the property, but cannot access the property without following proper the reasonable access rule.