Landlord and Tenant Relations

Tenancy Agreements

It is advisable to use written tenancy agreements, (available from law stationers) as verbal contracts can be misunderstood. It will also make it easier to sort out any disagreements that may arise later, and enable the landlord to get possession of the property by formal means if necessary. A landlord cannot use the accelerated possession procedure operated by the county courts without a written tenancy agreement. Alternatively a landlord may draw up his/her own agreement but its terms must be fair. Further information on unfair terms can be obtained from the Office of Fair Trading on their website.

http://www.oft.gov.uk/advice_and_resources/publications/consumer_advice/home/oft381

Terms and conditions are an important part of the contract and should cover the following issues:

• decoration
• notice period
• inspections
• rent payments
• repairs
• rent reviews

Disputes

Unfortunately, there are circumstances in which the landlord and tenant cannot agree, however reasonable both parties think they are being. Both parties should seek advice before relationships deteriorate and before vast amounts of time and energy are wasted on trivial problems. There is no reason why a landlord should not approach an advice agency for assistance too!

Ending a tenancy

The action a landlord needs to take depends on the type of tenancy he/she has created. The correct procedure must be followed.

Assured shorthold tenancies

Under the Housing Act 1996, any new tenancy created after 28, February 1997 is an assured shorthold tenancy unless you agree otherwise with the tenant. The tenancy need not be for a fixed term, and can be for less than 6 months (if agreed by both parties). However, the court cannot grant a possession order to take effect until 6 months after the commencement of the initial tenancy.

The landlord’s notice must be in writing and state that possession is required under Section 21 of the Housing Act 1988. The landlord has the right to regain possession without giving any grounds for possession at any time after a fixed term comes to an end or at any time during a contractual or statutory periodic tenancy (after the first six months). The rules for a Section 21 Notice are as follows:

Where the notice is given whilst the fixed term is still current
(a) at least 2 months’ notice must be given;
(b) the notice cannot expire until on or after the last day of the fixed term.

If given where the tenancy is periodic (e.g. monthly) or after the fixed term has run out (unless it is renewed)
(a) at least 2 months’ notice must be given
(b) this notice must run out on the last day of a period of the tenancy
(c) there are separate rules if the tenancy is quarterly or yearly.

During the course of the tenancy, if a landlord thinks that the tenant has broken a condition of the tenancy (for example, by not paying the rent) he/she can serve a Notice Seeking Possession and apply for a court order. The court may or may not award possession. The grounds on which the landlord can seek possession are listed in the 1988 and 1996 Housing Acts.

Protected tenancies

All tenancies prior to February 28, 1997 but after 15, January 1989 are probably assured tenancies unless the landlord served a Section 20 notice on commencement of the tenancy. Prior to 15 January 1989 most private tenancies were regulated tenancies under the Rent Act 1977. Regulated and assured tenancies are protected, and can only be brought to an end if one of the approved grounds for possession is established.

Tenants in the landlord’s home

If a landlord lets part of his/her own home and shares facilities (such as the kitchen or bathroom) with a tenant, the amount of notice given should be ‘reasonable’ for example, if the rent is paid monthly, one month’s notice should be given. A court order is not required but it is a criminal offence for a landlord to use force to make an occupier leave against his/her will. If a landlord lets part of his/her home but does not share facilities the tenant is entitled to a Notice To Quit. This notice must be in writing, contain certain information set out in law and be given to the tenant at least four weeks before it takes effect. A court order is required if the tenant does not leave on expiry of the notice. It is always advisable to get advice before serving notice as the process could be delayed if served incorrectly.

Landlord and tenant law

Both landlords and tenants have specific rights under current law that regulates tenancy contracts. A landlord has the right to:

• draw up a contract and decide the conditions of tenancy
• charge a market rent on new lettings
• receive the rent when due from the tenant
• be informed of disrepair
• inspect a property for disrepair after giving appropriate notice in writing
• be given proper notice that the tenant wishes to leave

A tenant has a right to:

• know the conditions of tenancy (start date and length of tenancy, amount of rent and dates on which it should be paid)
• know the name and address of the landlord/managing agent
• have a rent book (if they pay weekly) or receipt for rent payment
• have a decent standard of safety and repair
• be given notice in writing that the landlord wishes to inspect the property
• be served with a court order if being asked to leave against their will

Harassment and illegal eviction

Harassment is anything done by a landlord or someone linked with them that stop a tenant living safely and quietly in their home. Illegal eviction is when a tenant is forced out of their home without the landlord / landlady following proper procedures. Such actions are likely to constitute criminal offences under the Protection from Eviction Act 1977 and the Council’s Private Sector Housing team has powers to prosecute.

The maximum penalty on summary conviction for the offences of harassment and unlawful eviction is a fine of £5000 and / or six months imprisonment, or both. On conviction on indictment these penalties are increased to an unlimited fine and/or up to two years imprisonment. In addition the tenant can claim damages if their landlord was harassing them in order to persuade them to leave their accommodation, and they left as a result. These sentences and fines also apply to a landlord’s agent/manager who may be harassing on behalf of the landlord.

Who to speak to about tenancy issues

All initial enquires about tenancy issues that may lead to homelessness should be directed to Herefordshire Councils Homelessness Prevention team. They will be able to provide advice and if necessary carry out an initial investigation.

Contact the homelessness advice team
Main telephone office number:
01432 261 600
Main Fax number:
01432 26 1591

General email address:
housing.enquiry@herefordshire.gov.uk

Address:
Housing and Advice Team, Franklin House, 4 Commercial Road, Hereford HR1 2BB.