RIGHTS AND WRONGS WHEN RENTING
With so many people now renting, it is vital you know your rights
Anorth London housing association has been shamed into sorting out a flat that’s dripping with damp and riddled with mould – 20 years after the tenant first complained.
It’s an extreme case, but with more people than ever renting, both sides need to know their responsibilities. Ignoring repairs leaves tenants shelling out cash for sub-standard properties, and landlords facing higher bills the longer the problem is left – or, possibly, legal enforcement orders.
The rules can be complex and much depends on the exact wording
of the agreement. Before moving in, renters should read their tenancy agreement. This should specify who is responsible for what. Generally, major items such as roofs, walls, doors, windows, kitchens and bathrooms are down to the property owner. Landlords can charge tenants if renters or their friends cause damage.
Owners should have insurance against fire, flood and other disasters.
In furnished accommodation tenants are often responsible for the contents – furniture, crockery, kitchen equipment and appliances – as well as their own possessions. Who does what should be clear from the tenancy agreement, which should also list items belonging to the property.
The first rule is that tenants must report damage or disrepair as soon as possible. If they leave it, unscrupulous owners will try telling renters that they have either caused the problem or made it worse by “neglect”.
Tenants should report problems to landlords in writing – don’t rely on phone or face to face – keeping a record including photos. If the landlord fails to repair something, especially if it is health or safety related, complain to the local council.
As a tenant, you don’t have to redecorate before you leave unless you have damaged the walls or you are legally obliged. If you really want to redecorate, ask the landlord first.
Utilities – electricity, gas, water, broadband/phone lines – are a grey area. While tenants are normally expected to pay for these, either side may have to fork out to keep some or all in good repair.
But landlords cannot opt out of gas, electricity, furniture and fire safety. Landlords must employ a Gas Safe registered person to check appliances including boilers once a year.
There are special rules for HMOs (Houses in Multiple Occupation) where a property is let out to three or more unrelated people who share a kitchen, bathroom or both. These focus on fire precautions and overcrowding.
Landlords should keep properties in good repair – partly to maintain good relations with tenants, and to avoid difficulties with insurance policies, but also to help the house or flat keep its value.