Introduction

All landlords advertising on this web site are accredited through the Hampshire landlords accreditation. If you choose to rent directly from a private landlord you can ask them if they are a member of a national or local landlord body. These organisations usually have an agreed level of service to which their members should adhere.

If a landlord is a member of one of these organisations you can contact them to discuss any problems. You can also check with your letting agent or an independent advice agency, if you are not happy with a landlord’s behaviour.

Why choose to rent a property from a private landlord instead of buying your own place or renting from a local authority or housing association.

Cost - renting from a private landlord is, in the short term, considerably cheaper than buying your own home and it can also be cheaper than renting through a letting or management company.

Flexibility - you can negotiate the length, and sometimes the price, of the accommodation you want to live in.

Choice - you can choose from a wide range of locations, prices and types of properties to suit your needs.

Short term or long term - you can choose how long you want to stay in a property. You may be able to negotiate a long-term tenancy agreement or open ended agreement.

Less responsibility - you don’t have to pay the same costs as homeowners and have less responsibility for repairs.

Less initial cost - if a property is already furnished you don’t have the added cost of buying new furniture and you don’t always need to pay a large deposit.

Did you know as a tenant you had rights.

Illegal eviction With the exception of a tenant in lodgings all tenants can only be evicted by a county court bailiff. They usually undertake evictions between 10:00am and 1:00pm and they will always carry official identification.

Harassment This could cover such things as: -

• Disconnection or the threat to disconnect your utility supplies without good reason.
• Your landlord or a representative of the landlord was to enter your property without your consent.
• Discrimination against a tenant or prospective tenant on the grounds of race, colour, religion, disability or sexual orientation.

The law clearly outlines tenants’ rights when renting accommodation, if you require additional information or you have concerns about your landlord’s behaviour contact your nearest advice services.

Important WARNING! Not paying your rent, failure to look after the property or failure to behave in an appropriate manner may result in the loss of your tenancy. If it is considered that as the tenant you could have prevented the loss of your tenancy you may find it difficult to get further assistance..

Benefits

The benefits available to you will be the same in all the local authorities but there will be a range of additional financial support available. To get the most up to date information on what may be available to you contact your local advice services.

Housing/council tax benefit

This benefit is to assist with housing costs and is available to people who do not work or people who are on low incomes. Prior to accepting a tenancy or applying for the benefit it is advisable that you apply for a pre-tenancy determination from the rent officer on the property you are interested in. They will determine if the rent is reasonable and fair and will inform housing benefit office, the landlord and you in writing of their decision. If you are a single person under the age of 25 years you will find that rents may be restricted because of the single room allowance.

Based on the rent officers decision and your personal circumstances your application for housing/council tax benefit will be assessed. It is important to understand that the housing benefit paid to you may not cover the full rent. You can check with Gateway or your local authorities advice services department if you have any concerns How to apply for housing/council tax benefit When making a new claim for housing/council tax benefit or renewing an existing claim, you must supply specific proofs of your identification. It is essential that the application form is completed correctly, in full and all the required proofs supplied.

Failure to do so will result in delays in processing your claim which could alarm your landlord and cause you unnecessary stress and work.

The required proof is clearly stated on the application form but if you are in doubt ask for help from Gateway, or your local housing advice services. Once you have completed the form it is advisable to take it along with all the required documentation to Gateway or your nearest civic offices. If possible take a photocopy of your completed application form and always ask for a receipt.

Housing benefits information leaflets A range of leaflets are available from Gateway, and your local civic offices.

Discretionary housing payment

This is a fixed amount of money supplied by central government to help people experiencing extreme hardship. If you are in receipt of housing or council tax benefit, but there is a short fall in the rent, you may be eligible to apply for discretionary housing payment. If you think you may be eligible to claim you should seek advice from Gateway or your local housing services.

Extended payments scheme

If you, or your partner are about to start work and have been in receipt of income-based job seekers allowance or income support, then you may be entitled to claim a further four weeks housing benefit and council tax benefit, at the same rate as you were previously receiving them.

Contact your job centre for further information.

Pre-tenancy determination

This is a standard form which needs to be completed by the landlord and the tenant. If you are unsure on how to complete the form ask at Gateway or your local housing advice services before you talk to any prospective landlord. Understanding how and why you have to complete a pre-tenancy determination will give you another advantage when meeting a landlord.

Using market data the rent office will determine if the rent being asked for a given property is reasonable and fair. This is the figure housing benefit office will use when they assess your claim. If the rent office valuation does not match the figure the landlord is asking for and you still move in, you will have to make up the short fall.

Security deposits

As a tenant you can be asked to pay up to six weeks rent as a security deposit to cover the non payment of rent or damage at the end of the tenancy. If you are charged a deposit of more than 2 months rent, it could be regarded as a premium, which may give you additional rights.

Tenancy deposit protection scheme the Housing Act 2004

The legislation will ONLY apply to new assured shorthold tenancies entered into on or after the 6th April 2007.

Any deposit paid for before this date will not need to be safeguarded by the tenancy deposit scheme.

To avoid disputes having to go to court all schemes will be supported by an Alternative Dispute Resolution (ADR) Service, but the use of the ADR will not be compulsory.

The government has awarded contracts to three companies to run the tenancy deposit protection scheme from 6th April 2007 and the landlord may choose which scheme they wish to use.

Custodial scheme:

Computershare Investor Services plc will operate the only custodial deposit scheme, with the Chartered Institute of Arbitrators doing the Alternative Dispute Resolution (ADR) service.

This scheme will be FREE for landlords and tenants to use and the interest accrued by the deposits in the scheme will be used to pay for the running of the scheme: Surplus interest will be payable to the tenant or landlord if appropriate.

The deposit will be paid back to the appropriate person within ten days of the tenancy coming to an end. In the event that there is a dispute ALL the deposit will be held until the dispute is resolved, maximum twenty-eight day turnaround. Landlords will be able to re-let their property whilst the dispute is being resolved.

Insurance-based schemes:

The Dispute Service Limited will operate an insurancebased scheme directed primarily at letting agents.

The National Landlords Association, in consortium with Hamilton Fraser Insurance, will operate an insurance-based scheme directed primarily at independent landlords.

Landlords will pay an insurance premium to be allowed to hold the deposit. At the end of the tenancy the landlord and tenant will inform the scheme how the deposit will be divided, and then the landlord will return all or some of the deposit to the tenant. In the event of a dispute the disputed amount MUST be handed over to the scheme for safekeeping. If a landlord fails to comply the insurance arrangements will ensure the return of the deposit to the tenant if they are entitled.

Main aims:

• To ensure good practice in deposit handling, so that when a tenant pays a deposit, and is entitled to get it back, they can be assured that this will happen.
• To assist with the resolution of disputes by having an alternative dispute resolution service (ADR). It will also encourage tenants and landlords to have in place, from the outset, clear agreement on the condition of the property through best practice, such as the use of inventories, and agreement on the condition of the property.

Whichever scheme is chosen the deposit will still be paid to the landlord and they MUST inform the tenant in a prescribed format within 14 days of signing the tenancy agreement which scheme their deposit will be held in. Although there will be no prescribed inventory it is ESSENTIAL that an accurate inventory, is prepared for all properties be let out, this will be relied upon if there is a dispute.

Penalties:

• The landlord will be unable to regain possession of the property using the ‘notice only grounds’, Section 21.
• The tenant can apply to the court to have their deposit protected or to be given the prescribed information. Where the court believes the landlord is not complying with the TDP they must order the landlord within 14 days of making the order:

a) To pay the deposit to the custodial scheme administrator.
Or
b) To repay the deposit to the tenant

In addition the court MUST also order the landlord to pay the tenant a fine of THREE TIMES THE DEPOSIT AMOUNT

There are a variety of options available to people on low incomes or in receipt of benefits to help them gain access to the private rented sector. For more information on what is available in your area contact your nearest local authority.

Loans and grants

Social fund loans

This is an interest free loan for people who have been on income support or income-based job seekers allowance for at least 26 weeks. You may apply to the social fund for a budgeting loan if you are looking for help to cover the cost of removal expenses or for ‘rent in advance’ to secure new accommodation.

Community care grant

To apply for these grants you must be receiving income-based job seeker allowance or income support. They are usually awarded to people who need to re-establish themselves in the community following an extended stay in hospital, hostel, prison or detention centre.

For more information on nationally operated schemes contact your local department for works and pensions office. If you require assistance in completing the application form ask one of the local advice agencies listed.

Securing accommodation

Find out what property is available in the area

Every day when we meet people we make judgements about them based on their clothes, hair, anything and that is exactly what a landlord will do when he/she meets you. Whether on the phone or in person remember that first impressions count, you will never get a second chance to make a first impression.

It is very common for landlords and agents to make certain demands. They may require references, a guarantor, a deposit, or even rent in advance. The important thing is to remain positive and not to be defeated by the ‘no housing benefit.’ Look at the positives of your situation, you are a long term tenant looking for a home and not a short term let.

Get on the housing register

Due to the high demand for this accommodation it is necessary for each authority to keep a register of people wishing to apply for housing. Although the systems may vary across the four authorities they are designed to ensure that the people assessed as having a priority need are considered for housing first. In practice this means that people without a priority need will find it difficult to obtain accommodation and may wait years before being successful.

Housing register application forms are available from any local housing office, Gateway or housing services.

It is essential that once you have made an application that you keep the allocations section of your local authority informed of any change of address or personal circumstances.

What else can I do.

Talk to everyone including your local authority housing advice service and keep your eye on the following, remember property can go quickly so don’t waste time: Papers Southern Daily Echo (SDE) - published daily, copies available in libraries - Southern Property Advertiser (SPA) - free weekly paper These newspapers have a ‘property to let’ section for agents and the private landlord.

Shops Newsagents, supermarkets and post offices generally have notice boards where landlords can advertise their accommodation. Alternatively pay to put a card in the window to advertise for accommodation.

Letting agents There is a wide range of letting agents the larger ones having branches throughout the country. They will as policy require one months deposit, rent in advance and charge an administration fee. Many will not accept clients on housing benefits but it is always worth asking. If they have had a property on the market for a long time they may reconsider.

Internet - libraries The local authorities do offer up to an hour free internet access at many of the libraries.

Meeting the landlord

Plan and write down what you are going to say, if you have references from your current landlord, employer or support worker, take them with you.

Ask them if they would mind giving a verbal reference, this would give you an excellent advantage. Arrive on time, be polite, speak clearly and confidently and do not make excuses for being on benefits. If asked explain your situation and any plans you may have to change it.

Once you have discussed the fact that you are on benefits make sure you are able to explain to the landlord the benefits process. Make sure you know what additional funding is available to you, for example a deposit, rent in advance or bond scheme and make sure you understand about the pretenancy determination and how that fits into your claim so you can discuss these with them. This will impress any potential landlord as it will show you are serious and being responsible.

Inspecting the property

You must take the initiative. Although your landlord has certain responsibilities it is vitally important that you take time to help yourself by carrying out a thorough check of the property and the surroundings. Download the checklist so you can make notes on the general condition, fire safety and security.

Found a property you like - what to do next

Make sure you have completed the landlord & tenant inspection form and that you have both signed it.

This is your opportunity to highlight things that are of concern to you (if any) and also gives the landlord the opportunity to confirm whether he/she is happy (or not) to complete the work.

Ask the landlord if he/she has a copy of the tenancy agreement that he/she wishes to use. It would be advisable to get this checked by your local housing advice service.

Be aware that the landlord may ask for a deposit to secure the property. If you are asked to hand any money over then you must always ask what it is for and get a receipt.

Take your completed pre-tenancy determination, housing benefit claim form and all your proofs to your nearest civic offices. This will start your claim being processed and once you have received confirmation from the rent office you will be in a position to sign a tenancy agreement. If you have difficulties in completing any of these forms we will be able to help you.

Tenancy agreements

A Tenancy Agreement contains clear information on the amount of rent you have to pay and how often you have to pay it, the amount of the deposit or bond, the length of time you are permitted to stay in the property, the landlord’s name and contact address as well detailing the rights and obligations of the landlord and the tenant.

We strongly recommend that you obtain a copy of the Tenancy Agreement before accepting the tenancy.

It is important that you read it carefully before signing and agreeing to the terms, get advice on areas you are unclear about. All tenants must sign and should ask for a copy of the agreement.

Assured and assured shorthold tenancies

Landlords usually offer fixed term assured shorthold agreements of 6 or 12 months but you may be able to negotiate a longer period. Another type of contract is an assured tenancy. This gives the tenant more rights to remain in the property providing they are not in breach of the tenancy. If you are a tenant and you are unsure what type of tenancy you have, check your Tenancy Agreement. If you don't have one, ask your landlord for a copy of it. More information on Tenancy Agreements can be found in the government booklet ‘Assured and Assured Shorthold Tenancies - A Guide for Tenants’.

Periodic tenancies

If your original Tenancy Agreement is not for a fixed term or the fixed term on your agreement has come to an end and has not been renewed, it is then called a statutory periodic tenancy. There are some differences between a fixed term tenancy and a periodic tenancy which could affect your rights. If you have any questions or problems regarding your Tenancy Agreement always get further information from a Solicitor or advice agency.