Illegal eviction and harassment
Tenants should be free from harassment or improper eviction. There are certain lawful ways to end a tenancy, and a landlord cannot usually take back possession of their property without giving appropriate notice and with the correct paperwork .In some cases a Court order is required even if the grounds for eviction are anti-social behaviour or non payment of rent.
After a certain time and at a point in the tenancy, a landlord can commence a 'no fault' eviction, sometimes called a section 21 eviction. Some secure or regulated tenancies have additional protection from eviction. Some people may think they are a tenant but may be a licensee, and have fewer rights, such as lodgers living with the landlord or a member of their family .At the start of an Assured Shorthold Tenancy the landlord is unable to issue you with a section 21 for at least 4 months. This does not apply to other types of NTQ such as for non payment of rent or anti-social behaviour.
Retaliatory eviction
Sometimes, when a tenant reports a repair or a problem, a landlord may give them notice to quit . Whether or not they accept responsibility for the repair or undertake it. This became known as retaliatory eviction. Now, if a tenant has acted reasonably and reported a repair to their landlord, any subsequent notice can be postponed if the Council become involved resulting in the issue of a type of enforcement notice. The notice is suspended for 6 months, as the linked guidance explains. This applies to tenancies commencing on or after 1st October 2015.
Rent deposit schemes
Your landlord must protect any rent deposit you pay in a secure government backed scheme. Any letting or managing agent acting for your landlord or for you as a third-party must be a member of an approved redress scheme.
You should be entitled to a written tenancy agreement, and a means of proving what rent or other fees you have paid, and who is liable for what. You should insist on a pre-occupancy inspection and inventory, to agree the condition of the property and its contents in case of any dispute during the tenancy or at the end.
You should be clear who pays which bills such as Council Tax and utilities, and read the utility meters, as well as clarifying parking restrictions, behaviour of visitors, permission for pets or smoking, maintenance of gardens etc. You should agree responsibility for repairs and décor, and how to contact each other and get necessary permissions.
Start of tenancy certificates
Your landlord must provide you with a valid Energy Performance Certificate, along with a Government leaflet called 'How to rent'. Your landlord must also ensure that gas appliances are inspected on an annual basis by an approved gas safe registered engineer and you must be provided with a copy of the gas safety certificate. Each property should have a smoke detector on each occupied floor, and a carbon monoxide alarm in each room where there is a solid fuel appliance. These should be tested at the start of any tenancy.
Your landlord should not allow or cause essential services like utilities to be cut-off or interrupted except in an emergency for maintenance,
Tenant responsibilities
- Tenants msutpay their rent and other bills which come due, on time and in full. Tenants MUST report damage and any necessary repairs to the landlord or their appointed agent, promptly.
- Tenants and their family and visitors must behave and only use the property in a reasonable manner and for the purpose rented for -
- Tenants should cooperate with the landlord and their agents with any reasonable requests for access to the property to undertake repairs and similar works
- Landlords should NOT enter the property without the tenant's knowledge and permission except in an emergency, especially if the tenant or their representative isn't present. This may expose the landlord to claims of harassment, theft or otherwise.
This is a very complex and specialist area of law, and reference to the organisation Shelter may be useful. See also the Protection from Eviction Act 1977 and the Government leaflet 'My Landlord Wants Me Out.'
We partner with North Warwickshire Borough Council to deliver a joint Private Sector Housing Service and undertake the service on their behalf.