Are you having problems with your Landlord?

• My Landlord has not given me a tenancy agreement, what are my rights?
• I do not know who my Landlord is and where he can be contacted?
• My Landlord arrives at the property without prior notice and on occasion he uses a key to let himself in.

• My Landlord continues to harass me and continues to visit the property whenever he likes.

• Can I change the locks?
• My Landlord has not told me where my deposit is being held.
• The property needs repairs.
• My Landlord wants me to leave the property.
• Helpful Websites

 

My Landlord has not given me a tenancy agreement, what are my rights?

 

A Landlord does not have to give you a written tenancy, but it is always best to ask your Landlord for a written agreement as this tells you and your Landlord what is expected of you both while you are the tenant.  You can have an oral agreement with your Landlord, but this type of agreement is much harder to enforce and this could lead to confusion over what has been agreed.

If you do not have a written tenancy agreement you are highly likely to have the same statutory rights as a tenant who has a written agreement.

If you do not understand your rights or think conditions on your tenancy agreement are unfair, please contact Fareham Borough Council's Housing Options Team for advice.

 

I do not know who my Landlord is and where he can be contacted?

 

All Landlords must give their tenants their name and UK contact address.  If the property is managed by a property agent they must provide you with your Landlord's full name and address.

If you have not been given your Landlords name and contact details you should write to the person who last collected your rent.  You should keep a copy of the letter and send it recorded delivery.  The Landlord must reply within 21 days or he is committing a criminal offence.  If you are unable to find out who your Landlord is, seek advice from Fareham Borough Council's Housing Options Team or from The Citizens Advice Bureau.

 

My Landlord arrives at the property without prior notice and on occasion he uses a key to let himself in.

 

Your Landlord must let you live in the property without unnecessary interference.  He should give you reasonable notice if he wishes to visit the property and arrange a time that is convenient to you.   The amount of notice he gives you may be written on your tenancy agreement.  The Landlord can only enter the property without your permission if he has been unable to contact you and there is an emergency such as a water leak.

 

My Landlord continues to harass me and continues to visit the property whenever he likes.

 

Your Landlord does not have the right to harass you.  If your Landlord is not allowing you to live undisturbed in the property, it is advisable for you to seek advice from Fareham Borough Council's Housing Options Team or from the Citizens Advice Bureau.

 

Can I change the locks?

 

In certain circumstances you can change your locks, but it is always advisable to read your tenancy agreement and see if this is allowed.  It is also advisable to seek advice before changing your locks. 

 

My Landlord has not told me where my deposit is being held.

 

From 6 April 2007, all deposits (for rent up to £25,000 per annum) taken by Landlords and letting agents for Assured Shorthold Tenancies in England and Wales, must be protected by a tenancy deposit protection scheme.

 

Your Landlord is legally obliged to give you details about how your deposit is being protected.  This should include the following information.

• the contact details of the tenancy deposit scheme
• the contact details of the Landlord or agent
• how to apply for the release of the deposit
• information explaining the purpose of the deposit
• what to do if there is a dispute about the deposit

If you don't get this information, ask your Landlord or agent the simple question - 'how is my deposit protected?'

You have a responsibility to return the property in the same condition that it was let to you, allowing for fair wear and tear.

If your Landlord isn’t protecting your deposit, you can apply to your local County Court.  The Court can order the Landlord or agent to either repay the deposit to you or protect it in a scheme.  If your Landlord or agent has not protected your deposit, they will be ordered to repay three times the amount of the deposit to you.

 

The property needs repairs.

 

Your Landlord is responsible for most repairs to the property, although a tenant may be responsible minor repairs.

Your Landlord is responsible for ensuring the following is in good order:

• The structure and outside of the building such as the roof, chimneys, walls, windows, doors, guttering, pipes and drains. 
• Most of the plumbing for example baths, toilets and basins.
• They are responsible for maintaining the supply of water to the property and ensuring the gas and electric supply is in safe working order.
• Fixed heaters and water heaters.

Check your tenancy agreement to see if you are responsible for any repairs.

Where a repair is needed you should tell your Landlord as soon as you can.  It is always best to put your request in writing and keep a copy of the letter.  You should give the Landlord a reasonable period of time to carry out the repair.

If your Landlord does not carry out the repair in a reasonable time, you may be able to take action in the County Court.  Always talk to an advisor from the Local Housing Authority or from a solicitor, before taking legal action.

If you believe the repairs are damaging your health or putting you at risk, please contact Fareham Borough Council's Environmental Health Department.

Beware that if you are at the end of your fixed term a Landlord may decide to evict you rather than carry out the repair.  Seek advice from Fareham Borough Council's Housing Option Service immediately if your Landlord starts eviction proceedings.

 

My Landlord wants me to leave the property.

A Landlord cannot evict you from the property without following special legal procedures.  If he tells you to leave without following the legal procedures he is breaking the law and you should seek advice as soon as possible.

The type of action a Landlord can take will depend on the type of tenancy you have. If you have received a letter, a notice or been told verbally to leave the property you should contact an adviser at Fareham Borough Council or visit the Citizens Advice Bureau (this is an external hyperlink) to see if there's anything you can do to keep your home.

 

 

The information included in this website is intended for general housing related advice only.  For more detailed advice relating to specific circumstances, please contact Fareham Borough Council's Housing Options Team on 01329 236100, email customerservices@fareham.gov.uk or visit the drop-in service, open 9.30am - 4.00pm Monday to Thursday and 9.30am - 3.30pm on Friday.

 

Helpful Websites

CAB - www.adviceguide.org.uk (this is an external hyperlink)

Shelter -www.england.shelter.org.uk/get_advice (this is an external hyperlink)