The government has published a new guide for tenants called How to Rent.
Having read it I have a few comments – note that these are on the June 2014 version. Later versions may be different.
Page 3 –
The statement in in the Guide that being on benefit should not affect your ability to pay rent is a bit over-optimistic. The Guide says nothing about long delays in getting the payments set up, shortfalls and the fact that many landlords won’t want to rent to you.
I’m not sure how Shelter can help you find a guarantor for your rent (although their website explains what it is). They can maybe help you find a bond / deposit.
The guide mentions scams but does not say what they are. You will find a list of those I am aware of here.
Page 4 –
Landlords may be happy to grant longer fixed terms, but usually their mortgage companies will not and most landlords will be in breach of the mortgage deed if they do so.
Fixtures and fittings – you also need to check that the items you see in the property when you view it, will remain there if you rent it. I have known tenants complain about items they thought they would have, being removed before the keys are handed over.
As regards checking the landlords right to rent – this is a good idea, in fact I would like to see tenants checking landlords out in the same way that landlords check tenants. Particularly as the fact that your landlord was not entitled to rent to you, is not a legitimate reason for you to cancel your tenancy when you find out.
Page 5 –
I can’t see many landlords or agents agreeing to use a different tenancy agreement on the tenant’s request. Although you may be able to get them to change an individual clause in the agreement.
Bear in mind though, that any really unfair clauses will be unenforceable under the Unfair Terms in Consumer Contracts Regulations (UTCCR).
Interesting that the government is considering issuing a model tenancy agreement.
Note that 5 year electrical inspections are only mandatory for HMOs.
Page 6 –
The guide could help landlords by specifically stating that tenants must allow landlords access for the gas safety inspection, as some tenants refuse to let them in.
Page 7 –
Note that often the clauses in tenancy agreements requiring tenants to give longer notice periods are unenforceable (per the UTCCR) if the period is longer than that under the common law. So a tenant on a rolling monthly periodic tenancy cannot be required to give two or three months notice.
A government guide cannot encourage tenants to withhold the last months rent because they think the deposit will not be repaid, but it is a fact that some (not the majority but there are still some) landlords will still not protect or return the money. In those circumstances withholding the last months rent is still the tenants best bet to get it back.
Page 8 –
Unfortunately contacting the Police is not always the best option, as it is not unknown for them to assist landlords in illegal evictions. Or they may refuse to help saying that it is a ‘civil matter’.
It is best to contact the Local Authority although they too may not be able to help due to staffing shortages.
Those points aside ‘How to Rent’ is a good guide and should be very helpful for tenants.
Do any readers have any other comments on the Guide? You will find it here.
Tenants reading this may also be interested in my free Tenants eCourse here.
I think anything which educates tenants and landlords is a good thing but as you point out Tessa, this guide doesnt differentiate between the law and the real world and wouldnt resonate with either landlords or tenants experiences.
Its better than chewing a brick as we say in South London…every little helps but would have benefited from some ghost writing to make it more reality friendly but when have you ever seen a government info document that isnt either dry as a gulch or patronising? I’m old enough to remember “Parking with Reginald Molehusband”
It is odd that the CLG make a difference between harassment and illegal eviction with a suggestion that with one the issue should be reported to the police and the other, the Local Council.
Both issues should be dealt with by the LA even if a Council does not have a Tenancy Relations section.
http://www.pricedout.org.uk/government_how_to_rent_guide