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Renting privately

Before you start looking for accommodation you will need to have an idea as to what type of accommodation you require to meet your needs. It may help to write down your main requirements.

Location

You should consider the location with regard to, work, bus and train travel, schools and shops in the area, how close you will be to friends, family, medical care, availability of secure parking and social life.

Size of property

You need to decide what size of property you require for your needs and what you can afford. The appropriate size for the properties for which housing benefit is being claimed is based on the following allocation of bedrooms with one bedroom being required for each grouping, counting each person once only.

  • A couple who live together
  • A person aged 16 or over
  • 2 Children of the same sex (any age up until 16)
  • 2 Children under 10
  • A single child (a ‘child’ is someone under 16)

Where to find properties to rent

The most common places to find private rented accommodation include:

  • ‘Accommodation to Let’ columns in local newspapers. Landlords may advertise their properties in the classified sections of newspapers and local free papers.
  • By placing an advertisement in the local papers, shop window or notice board.
  • Estate Agents ( check web sites and yellow pages)
  • Students should check with the University
  • ‘To Let’ boards outside properties

It is often the case that rented property is not advertised so ask around and make it known to friends or work colleagues that you are looking for accommodation.

Estate agents fees

If you find a home through an estate agent, you may be charged fees for their services. Before you pay any money find out exactly what the fees are for and get advice from the Housing Rights Service or Citizens Advice Bureau. See useful websites below. You should also ask for a copy of the tenancy agreement and read it carefully if you are unsure about any parts of the agreement get further advice before you sign it.

Viewing properties

  • Gather as much information as you can before you view properties, then you won’t waste time looking at a property that won’t be of interest to you or may be out of your rent range.
  • When going to view a property always take a friend or family member with you. It can be useful to get another person’s opinion and it is safer than going alone.
  • Try to view a number of properties in your chosen area as this will give you an idea of what is available and what properties are in your rent range
  • If you are not familiar with the location go early and check out the area for shops, bus routes and local facilities.
  • Try to avoid viewing at night as it may be difficult to see faults or disrepair.
  • Make a list of questions that you want to ask the landlord

Houses in multiple occupation

If you are considering living in a property with at least two other people who are not members of your family, the property is known as House of Multiple occupancy (HMO).

HMOs generally fall within the following categories:

  • shared houses
  • houses converted to bed sits
  • houses let in lodgings
  • Hostels, B&B, Guest Houses, Hotels
  • Residential Homes
  • Houses or buildings converted to flats, flat lets or maisonettes

In order to ensure the health, safety and wellbeing of the occupants, set standards and a requirement for a license are applied to HMO properties.

If you live in a HMO and you feel the property doesn’t meet the required standards you should contact your local Environmental Health Department.

A written tenancy agreement should contain

  • The type of agreement – most tenancies granted in England and Wales since 28th February 1997 will be an Assured Short hold tenancy.
  • The signature of all joint tenants and the landlord
  • The date of the agreement
  • The address of the property
  • The landlord’s name and address; in Scotland the landlord is legally obliged to provide an address where notices from the tenant can be sent
  • The duration of the tenancy
  • The amount of rent payable, frequency and when it can be increased
  • Details of what is included in the rent
  • The length of notice either the landlord or tenant should give to bring the tenancy to an end, although this cannot limit the statutory provision
  • Responsibilities for repair

A copy of any written agreement should be retained by tenants and landlord.

When you move into a property or when you leave a property

It is usual for landlords/agents to request a deposit in addition to a payment of rent for an agreed period in advance. At the end of the tenancy there can sometimes be a dispute about how much should be returned to the tenant. Care taken at the start of the tenancy can help you to avoid later difficulties. In England and Wales, all deposits paid to landlords or letting agents under an Assured Shorthold Tenancy that commenced after 6 April 2007 must be protected.

Ending a tenancy

Most tenancies are agreed for a fixed term, usually six or twelve months. In England and Wales, you do not have to give notice to your landlord if you wish to move out at the end of the fixed period. In Scotland, if there is no written tenancy agreement the law will presume that the term of the tenancy is one year.

If you decide to leave before the end of the agreement, you will still be liable for the rent for the whole period.

If you decide to leave early:

  • Check to see if your tenancy agreement contains a break clause to allow the tenancy to be ended early.
  • If you have a joint tenancy, any of the joint tenants can be held liable for the whole amount (if one joint tenant leaves the remaining tenant(s) will be expected to pay the full rent on the property for the remaining period of the tenancy.
  • Failure of the landlord to maintain the property in good repair will not give a tenant a right to leave the property early.
  • If there is only one person remaining in a property, they should apply for a 25% reduction in council tax

If your tenancy agreement was originally for a fixed period and you are continuing in occupation for an indefinite period, your tenancy agreement should specify what notice you are required to give. If it does not, the general rule is:

You should give notice that is:

  • In writing
  • For a period of at least 28 days (or longer if the rent is paid other than monthly or weekly) and expire on the final day or the first day of a complete period of the tenancy i.e. if rent is payable on a Friday, the notice to quit must expire on a Thursday or a Friday

In Scotland, in addition to the above if accommodation is let for more than 4 months, you are required to give at least 40 days’ notice.

For more detailed information on this topic you can click on the web sites below.

workplacewellbeing.com assumes no responsibility for the content of linked websites.

Useful websites

gov.uk/private-renting

nidirect.gov.uk

gov.wales

scotland.shelter.org.uk/renting_rights

housingrights.org.uk

citizensadvice.org.uk/housing

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