how to rent your property welcome to the redbridge tenant ...€¦ · welcome to the redbridge...

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How to Rent Your Property This section explains tenancy types, your tenancy agreement, security deposits and the tenant fee ban. Welcome to the Redbridge Tenant Accreditation course. The aim of this course is to provide you with important information about how to rent a property, your rights and responsibilities, what to do if things go wrong and information about other relevant services. On completion of this course, you will receive a certificate which you can take to your potential landlord or letting agent to demonstrate that you have completed the Tenant Accreditation course and are aware of how to be a good tenant and look after the property you rent. To complete the course, you must click on all of the arrows revealing more information and read the content, there are 17 easy questions in total that you must answer, all of the answers are in the content of this course. Please note, links highlighted in green are for further information, should you be interested. On completion of this course, you will receive a certificate and an Information Pack incorporating the information in this course as well as help, advise and guidance to a successful tenancy. You can rent your property direct with a landlord or with a letting agent who will manage the property on behalf of the landlord. With a Letting Agent Find out what fees (and costs) you will be charged and when you need to pay them. By law, the breakdown of all fees should be clearly visible to you in the agent's office and on the website. If this is not the case, please contact us on the following email address Trading Standards You can check whether they are a member of a Redress Scheme (someone you can complain to and ask for compensation from if they treat you unfairly) www.theprs.co.uk or www.tpos.co.uk If they are not a member of either of these schemes, please send an email to Trading Standards & Licensing Email Most professional agents are often accredited through professional bodies such as those named below: The Approved National Letting Scheme Royal Institution of Chartered Surveyors SAFEagent UK Association of Letting Agents Association of Residential Letting Agents If your agents are members, signs from these bodies should be displayed on their websites and shop fronts. If your agent is not a member of any of these schemes, you may be more likely to experience a difficult and stressful tenancy. With a landlord Many landlords are accredited through: London Landlord Accreditation Scheme (LLAS) National Landlord Association (NLA) The Residential Landlord Association (RLA) The Guild of Residential Landlords (GRL) If your landlord is not accredited, make sure you have their full name and address (such as a photo driver licence) before submitting a holding deposit to them.

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Page 1: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

How to Rent Your Property This section explains tenancy types, your tenancy agreement, security deposits and the tenant fee ban.

Welcome to the Redbridge Tenant Accreditation course.

The aim of this course is to provide you with important information about how to rent a property, your rights and responsibilities, what to do if things go wrong and information about other relevant services.

On completion of this course, you will receive a certificate which you can take to your potential landlord or letting agent to demonstrate that you have completed the Tenant Accreditation course and are aware of how to be a good tenant and look after the property you rent.

To complete the course, you must click on all of the arrows revealing more information and read the content, there are 17 easy questions in total that you must answer, all of the answers are in the content of this course.

Please note, links highlighted in green are for further information, should you be interested.

On completion of this course, you will receive a certificate and an Information Pack incorporating the information in this course as well as help, advise and guidance to a successful tenancy.

You can rent your property direct with a landlord or with a letting agent who will manage the property on behalf of the landlord.

With a Letting Agent

Find out what fees (and costs) you will be charged and when you need to pay them. By law, the breakdown of all fees should be clearly visible to you in the agent's office and on the website. If this is not the case, please contact us on the following email address Trading Standards

You can check whether they are a member of a Redress Scheme (someone you can complain to and ask for compensation from if they treat you unfairly) www.theprs.co.uk or www.tpos.co.uk If they are not a member of either of these schemes, please send an email to Trading Standards & Licensing Email Most professional agents are often accredited through professional bodies such as those named below: The Approved National Letting Scheme Royal Institution of Chartered Surveyors SAFEagent UK Association of Letting Agents Association of Residential Letting Agents

If your agents are members, signs from these bodies should be displayed on their websites and shop fronts.

If your agent is not a member of any of these schemes, you may be more likely to experience a difficult and stressful tenancy.

With a landlord

Many landlords are accredited through:

• London Landlord Accreditation Scheme (LLAS) • National Landlord Association (NLA) • The Residential Landlord Association (RLA) • The Guild of Residential Landlords (GRL)

If your landlord is not accredited, make sure you have their full name and address (such as a photo driver licence) before submitting a holding deposit to them.

Page 2: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Tenant Fee Ban

New legislation introduced by the government

What this means

When?

If you sign your tenancy agreement on the 1st June 2019 or later, some fees that have been previously charged are now banned.

What fees can be charged?

A maximum of £50 towards varying an existing tenancy

If your agency charges you more, please send an email to Trading Standards & Licensing at Redbridge to investigate as they may breaking the law. You may be able to claim those fees back

What else?

The maximum holding deposit you can be charged is 1 weeks rent

The Maximum security/damages deposit you can be charged is 5 weeks rent

If your agency charges you more, please email Trading Standards & Licensing at Redbridge as they may breaking the law. You may be able to claim the money back

Page 3: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Types of Tenancy

There are several types of tenancies

Shelter has information on their website about the different types of private tenancies

Shorthold

Assured short-hold tenancies (AST) are the most common form of tenancy. A tenancy can be an AST if all of the following apply:

• The property you rent is private • The property is your main accommodation • Your landlord doesn't live in the property

A tenancy cannot be an AST if:

• The rent is more than £100,000 • It's a business tenancy or tenancy of licensed premises • The property is a holiday let • Your landlord is a local council • It's a shared house and there are shared amenities (like a cleaner)

How secure is a Fixed Term Tenancy?

• During the fixed term period of your tenancy, the landlord cannot bring the Tenancy Agreement to an end, unless you have breached the terms of the Tenancy Agreement.

Page 4: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Your tenancy agreement

What to Check Before Signing your Agreement

• Make sure you have a written tenancy agreement and ask to see it before the day you sign it. Read it carefully to understand your rights and responsibilities. The landlord or agent usually provides one but you can request to use a different version. The government has published a model tenancy agreement that can be used. If you have any concerns about the agreement, seek advice before you sign.

Inventory

• Agree an inventory (or check report) with your landlord before you move in and, as an extra safeguard, make sure that you take photos. This will make things easier if there is a dispute about the deposit at the end of the tenancy. If you are happy with the inventory, sign it and keep a copy.

• Meter Readings • Remember to take photographs of the meter reading when you move in. This will help make sure you

don't pay for the previous tenant's bills.

Contact details

• Make sure that you have the correct contact details for the landlord or agent, including a telephone number you can use in case of an emergency. You are legally entitled to know the name and address of your landlord.

Code of practice

• Check whether the landlord or the letting agent managing your property is following a code of practice.

Model tenancy agreement

• Click here for a Model Tenancy Agreement

Page 5: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Deposit Protection Schemes

If you rent out a property through an assured short-hold tenancy your landlord must place your deposit in a tenancy deposit protection (TDP) scheme. These government-backed schemes ensure tenants will get their deposit back if they:

• meet the terms of your tenancy agreement • don’t damage the property • pay the rent and bills

What does this mean?

• You are entitled to compensation • Your landlord cannot serve a section 21 notice (evict you) until they have paid you back the deposit or put

it into a scheme. • You may find it more difficult to get your deposit back

What happens after I pay?

• Within 30 days of paying, you should receive: • A certificate from a deposit scheme • A leaflet about how to get your deposit back at the end of the tenancy

What to do if you don't get a certificate?

• Don't wait until the end of the tenancy • Contact an advice agency like Justice for Tenants

What to do if you don't get a certificate?

• Don't wait until the end of the tenancy • Contact an advice agency like Justice for Tenants

Page 6: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Tenants & Landlord Rights & Responsibilties

Tenants have the right to: Live in a property that's safe and in a good state of repair as well as the following:

• Live in a property that’s safe and in a good state of repair • Have your deposit returned when the tenancy ends • Challenge excessively high charges • Know who your landlord is • Live in the property undisturbed • See an Energy Performance Certificate for the property • Be protected from unfair eviction and unfair rent • Have a written agreement if you have a fixed-term tenancy of more than 3 years

Tenant Responsibilities

• You should give your landlord access to the property to inspect it or carry out repairs when requested. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access.

• Pay the rent on time, pay the agreed rent, even if repairs are needed or you’re in dispute with your landlord. If you don’t, you could lose your home because you have broken your tenancy agreement.

• Pay bills that you are responsible for on time, such as council tax, gas, electricity and water bills. If you pay the gas or electricity bills, you can choose your own energy supplier.

• Look after the property in a tenant like manner. Get your landlord’s permission before attempting repairs or decorating. It’s worth getting contents insurance to cover your possessions too, because the landlord’s insurance won’t cover your things.

• Be considerate to the neighbours. You could be evicted for anti-social behaviour if you aren’t. • Not take in a lodger or sub-let without checking whether you need permission from your landlord. • Build and maintain a good relationship with your landlord.

You should also:

• Make sure you know how to operate the boiler and other appliances and know where the stopcock, fuse box and any meters are located.

• Regularly test your smoke alarms and carbon monoxide detectors – at least once a month. • Report any need for repairs to your landlord. There will be a risk to your deposit if a minor repair turns into

a major problem because you did not report it to the landlord. • Register to vote.

Page 7: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Landlord Responsibilities Your landlord should also provide

1. Ensure the property is fit for human habitation at the start of the tenancy (only applies to new tenancies entered into after 20 March 2019 and to all existing tenancies after 20 March 2020)

2. Keep rented properties safe and free from hazards to the health and safety of occupiers. 3. A copy of the How to Rent Guide 4. A gas safety certificate. The landlord must provide one at the start of the tenancy and every year (if

there is gas in your home) 5. Deposit paperwork If you have provided a deposit, the landlord must protect it in a government

approved scheme within 30 days and provide you with information about how to use the deposit scheme to get your deposit back after the tenancy. Keep this information safe as you will need it later.

6. A copy of the Energy Performance Certificate. This will affect your energy bills and the landlord must provide one (except for Houses in Multiple Occupation). Properties let on tenancies entered into after 1 April 2018 must have a EPC rating of at least 'E' (unless a valid exemption applies).

7. If your tenancy started or was renewed after 1 October 2015 your landlord cannot evict you with a Section 21 notice (no fault eviction) if they have not provided you with these documents. You can still be evicted with Section 8 Notice if you break the terms of your tenancy.

8. Follow fire safety regulations by providing smoke alarms on each floor and a carbon monoxide alarm in any room with a solid fuel burning appliance such as a coal fire or wood burning stove.

9. Evidence that smoke alarms and any carbon monoxide alarms are in working order at the start of the tenancy. Tenants should then regularly check they are working.

10. Make sure gas equipment they supply is safely installed and maintained by a Gas Safe registered engineer.

11. Make sure the furniture and furnishings they supply are fire safe. 12. Check you have access to escape routes at all times. 13. Make sure the electric system is safe, for example sockets and light fittings. 14. Make sure all electrical appliances they supply are safe. 15. Make sure the furniture and furnishings they supply are fire safe. 16. Provide fire precaution measures if the property is a large house in multiple occupation (HMO).

Page 8: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Document checks Your landlord will need to check your documents to prove that you have a right to rent property in England as part of the tenancy agreement Your landlord (or letting agent) must:

• check your original documents to make sure you have the right to rent a property in England • check the documents of all other adults living in the property • make copies of your documents • return your original documents to you once they’ve finished the check

Read the list of acceptable documents Your landlord must not discriminate against you for example because of your nationality.

Page 9: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Exemptions You won’t have to prove your right to rent if you live in:

• student accommodation, for example halls of residence • accommodation provided by your employer as part of your job or training • social housing • accommodation provided by the council • hostels and refuges • a care home, hospital or hospice • accommodation with a lease of 7 or more years • Check the full list of exemptions from the right to rent property checks

If the Home Office has your documents If the Home Office has your documents because of an outstanding case or appeal, ask your landlord to check with the Home Office Give your landlord your Home Office reference number to do the check. Some circumstances mean you can still rent in the UK In some circumstances, you can still rent even if you aren’t allowed to stay in the UK, for example if you’re:

• a victim of slavery • using the Home Office’s voluntary departure scheme

Check with the Home Office team that’s dealing with your case. Your landlord will have to check with the Home Office

Page 10: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Repairs to your Rented Property Tenant Responsibilities

• carrying out minor repairs such as replacing light bulbs or clearing a blocked sink • repairing any damage caused by you or a visitor to the property

Landlord's Responsibilities for Repairs

• carrying out repairs to the structure and exterior such as roof, walls, floors and windows • the upkeep of the outside of the building including gutters, pipes and drains • carrying out repairs to the plumbing and sanitary conveniences such as baths, toilets, sinks and basins • maintenance of the heating and hot water systems • carrying out repairs of installations such as electrical wiring, gas piping, fixed heaters and water heaters • the installations within and associated with the dwelling for food safety

Urgent repairs For urgent repairs, such as lack of heating or hot water

• advise landlord or letting agent as soon as possible so that they can arrange an engineer • follow up a telephone call with an email or letter if possible • if you have no response or your landlord refuses to do the work contact Redbridge council on 0208 554

5000 • if you smell gas contact 0800 111 999

Page 11: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Illegal Evictions and Rent Repayment Orders

Rules your landlord must follow

• Your landlord must follow strict procedures if they want you to leave their property, depending on the

type of tenancy agreement you have and the terms of it. • If they don’t, they may be guilty of illegally evicting or harassing you.

Rules for periodic Assured Shorthold Tenancies (AST's) Periodic tenancies run on a week-by-week or month-by-month basis with no fixed end date. •If you have one of these, your landlord must usually give you ‘notice to quit’ - they must do this in a certain way depending on your type of tenancy agreement and its terms. •If you don’t leave at the end of the notice period, they must apply to the court for a possession order, which gives them the right to evict you and take possession of the property. •If the court gives your landlord a possession order and you still don’t leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property. A possession order won’t take effect until you’ve been living in the property for at least 6 months Rules for fixed-term AST's Fixed-term tenancies run for a set amount of time. Your landlord must give you notice in a certain way if you’re in a fixed-term tenancy. If you refuse to leave at the end of the notice period, the rules depend on whether the fixed term has ended or not. Evictions during the fixed term During the fixed term, your landlord can only evict you for certain reasons - for example: •you haven’t paid the rent •you’re engaging in antisocial behaviour •there’s a ‘break clause’ in your contract - this allows your landlord to take back the property before the end of the fixed term A possession order won’t take effect until you’ve been living in the property for at least 6 months. Facing Eviction - what you can do If you have been asked to leave your home (eviction) you must be given a written notice. The amount of protection you will have depends on the type of tenancy or licence agreement which you hold including: •when the tenancy began •the type of tenancy or licence which you hold •the reason why the landlord wants the property back View more information about eviction Further information If you are threatened with homelessness and you have not found anywhere else to live, the Housing Service may be able to advise you. Information on the Redbridge homelessness page For more detailed information, please visit the Shelter website Illegal Eviction It is a criminal offence for a landlord or an agent to unlawfully evict you. Offenders can face fines or even imprisonment. We may prosecute offending landlords. If you are being harassed or have been illegally evicted contact the Housing Options team for further help and advice by emailing them on Redbridge Housing Options Information about illegal evictions

Page 12: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Rent Repayment Orders What is a Rent Repayment Order? A Rent Repayment Order (RRO) occurs when a tribunal orders a landlord or agent to repay rent to tenant(s) because they have broken the law. This is usually between 6 months and 1 year of rent. For example, if you paid £1000/month in rent, you could get a RRO for £6,000 - £12,000. When can I apply for it? •If your property has not been licensed by the council. You can check this by clicking Redbridge licensed property register •If your landlord has received an ‘Improvement Notice’ or ‘Prohibition Notice’ from the council, but has not followed the rules •If your landlord or agent has been violent or acted in a way that made you leave the property (without serving a Section 21 notice) Who can help me? If you think this may apply to you, please contact Justice For Tenants who will:

• Help you and represent you in Tribunal • Advise you on your rights • Assist you with making a Rent Repayment Order • You can also contact Justice For Tenants on 020 3476 6648

Page 13: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

What is Expected From You the Tenant

This section will cover recycling, rubbish & bulky waste collections and anti-social behaviour. Rubbish Disposal and Bulky Waste The Council collect rubbish and recycling weekly on the same day, for more information on how to present your rubbish for collection, buying bins and what is not collected click here Garden waste collections are from April to September and are also free. You can now click here and check when your next delivery will be and how to present your garden rubbish. If you live in flats where waste is collected from a communal area, you will need to contact the council for your collection day. Call the contact centre on 020 8554 5000 or email click here

Page 14: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Anti-social behaviour (ASB) If you display anti-social behaviour (ASB), you are breaching one of the terms of your Tenancy Agreement. You are therefore at risk of losing your home. Different types of behaviour that are considered anti-social •noise nuisance such as loud music, parties etc. •verbal abuse and using threatening behaviour •graffiti and vandalism •nuisance from vehicles •rubbish dumping •harassment We understand that anti-social behaviour can impact on your quality of life. Enforcement action is not the only way of stopping anti-social behaviour and we use a variety of tools, which provide a balance between preventative measures and legal sanctions. How we handle anti-social behaviour issues We will investigate your complaint confidentially and will only contact the person you are complaining about, or other agencies such as the police, with your consent. Before taking action we'll agree this with you. Your case will be regularly reviewed and we'll update you at key stages. Anti-social behaviour incident diary To investigate and take action against people who cause anti-social behaviour, we must gather evidence; the best type of evidence is eyewitness reports from the person experiencing or witnessing the behaviour. We will usually ask you to keep an incident diary to record incidents as they happen. Download an Incident Diary Contact us at Redbridge Housing Enquiries for more information. How you can help to prevent anti-social behaviour We want you to feel safe living in your neighbourhood. If you live in a block with a secure communal entrance intercom, please help to keep yourself and other residents safe and secure by: •not allowing non-residents to gain entry to your block who buzz your property number; only allow access to visitors you know •not propping open your communal entrance door or allow non residents to tailgate as you enter your block •report any concerns to your Housing Officer by email: Redbridge Housing Enquiries or dial 101 to report any criminal activity to the police

Page 15: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

If you fail to pay your rent What are the effects of failing to pay your rent on your home? What it means in law If you don't pay your rent, you are breaking your Tenancy Agreement. In law, failure to pay rent means you have broken your contract with your landlord. If you can't pay your rent and you let your landlord know, your landlord may be able to help you. However, if you...

• can't pay your rent and don't let your landlord know • refuse to pay your rent...

The courts are likely to uphold your landlord's right to let the property to someone else. What it means for you If you are unable to pay your rent and you don't ask us for help, you will lose your home. If you refuse to pay your rent, you will:

• lose your home • find it hard to access other accommodation • gain a poor credit rating • be in debt

When you sign up for your tenancy, we ask you to take ownership of your responsibilities, and to consider the consequences for you of failing your tenancy.

Page 16: How to Rent Your Property Welcome to the Redbridge Tenant ...€¦ · Welcome to the Redbridge Tenant Accreditation course. ... unless you have breached the terms of the Tenancy Agreement

Ten tips for top tenants Here are some tips to help you keep to the terms of your Tenancy Agreement.

• Set up a direct debit (DD) for your rent • Think about your priority debts and act on them • Pay your rent first • Be responsible • Think about your neighbours and your community • Look out for others • Respect diversity • Remember you're responsible for any visitors and their behaviour • Look after your property. If any repairs are needed, report them

You have successfully completed the course Please contact your course coordinator for a completion certificate on [email protected] The next section is a resource of links that may be helpful to you, please do take a moment to view these. All the links will be included in the information pack that will be issued to you along with your certificate.