Private Tenants - Advice & Support
Many households in Blaenau Gwent rent their homes from a private landlord or agent. Private renting is very flexible and a privately rented home can be very easy to move into. It is often the first accommodation that people move into after leaving their parents home and for many people who move around to find work private renting can be the best solution.
Standards of accommodation and management in the private rented sector can vary. Because of this the Council works with landlords, agents and tenants to encourage responsible renting and to improve the image of this sector within the County Borough. We can give guidance on the legal standards for private rented housing and advice on what to do if you have problems. We have a range of powers that can be used to ensure that dwellings are safe and well managed.
If you are already a tenant or thinking of renting from a private landlord some of the information on this site may be of help.
Finding somewhere to live
Private rented property is advertised in many ways including in newspapers, shop windows, supermarket noticeboards, with estate agents and on internet sites.
What to do before you rent
Before you agree to rent a house or flat take time to have a good look at it to ensure that it meets your needs and is safe for you to live in. Here are some things you should think about:
- Heating: what kind is there and does it work? If it is fuelled by gas can the landlord show you a current gas safety certificate?
- Damp: look for stains or mould on the walls and ceilings
- Electricity: are there enough sockets and do they work?
- Water: turn on taps to check that they work
- Kitchen & bathroom: are they clean and well equipped?
- Furniture: Check what comes with the property. Get a list from the landlord and make sure you both agree on it.
- Security: check that all doors and windows open and close properly and that there are enough locks to keep the premises secure.
- Safety: how would you get out in a fire? Are there any smoke detectors? If you are thinking of moving into a house that has been converted into flats or bedsits is there fire safety equipment such as smoke and heat detectors and fire doors?
Make a list of anything that is missing or broken and talk to the landlord about it.
You should also make sure that you:
- Can afford the rent
- Get a written tenancy agreement which states what the rent is and when it is due and spells out what you and the landlord are responsible for.
You and your landlord
You are entitled to “quiet enjoyment” of the property you are renting. This means that the landlord must let you use the property peacefully and must allow you to exercise all your of legal rights. Your landlord ( and agent if any) must give their name and address so that you can contact them to report any problems with the accommodation.
Your landlord may keep a set of keys to the property but he does not have the right to enter at any time. The landlord does have a right to enter to check for any repairs or damage to the property but must give you at least 24 hours notice in writing. There may of course be an emergency that means that it is not possible to give this notice but the landlord must still seek your agreement before entering the property.
If you pay you rent weekly you are legally entitled to a rent book or similar document. If you pay monthly ask for a receipt for all rent paid.
Getting repairs done
If you have a problem with the accommodation that may need a repair contact your landlord in writing or by telephone. If the landlord fails to do the work in a reasonable time call 01495 355051. We may be able to take legal action to get the work done.
When you sign the tenancy agreement make sure that you know which repairs you are responsible for and which are the landlord’s responsibility and how to report a defect.
Leaving your home
If you want to end your tenancy you usually have to give 28 days notice in writing to your landlord (keep a copy of all correspondence). If there is a fixed term agreement such as an Assured Shorthold Tenancy you will probably have to pay rent until the end of the agreement period, unless there is a clause allowing you to leave early.
Your landlord wants to end the tenancy
Most tenancies nowadays are Assured Shorthold Tenancies (this should be clear from your tenancy agreement). Your landlord will usually have to give you a written notice to quit of at least 2 months duration but this may be reduced in some circumstances.
The landlord must not harass or threaten you in order to make you leave or evict you without going through the proper procedure.
Tenancy Deposit Protection
Tenancy Deposit Protection (TDP) is amongst the measures brought in under the Housing Act 2004 with the intention of driving up standards within the private rented sector. TDP will apply to all assured shorthold tenancies where a deposit is taken (this does not include rent in advance). It will start on 6th April 2007 and will be valid for all new tenancy agreements from this date.
There are two 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 landlords and tenants to have in place, from the outset, clear agreement on the condition of the property.
How does Tenancy Deposit Protection work?
Landlords can choose between a custodial scheme and an insurance based scheme:
Custodial scheme
- Tenant pays deposit to landlord
- Landlord pays deposit into scheme
- Within 14 days of receiving the deposit must give the tenant prescribed information about the scheme being used and the tenancy
- At the end of the tenancy, if the landlord and tenant agree how the deposit should be divided, they will tell the scheme provider who will return the deposit divided in the way agreed
- If there is a dispute the deposit will be held in the scheme until the dispute resolution service or the courts decide what is fair
- The scheme is free to the landlord. The costs of running the scheme will be met from interest accrued with any surplus interest returned in line with the division of the deposit. For further information please go to the web link on the right of this page.
Insurance based scheme
- Tenant pays deposit to landlord
- The landlord retains the deposit and pays a premium to the insurer
- Within 14 days of receiving the deposit must give the tenant prescribed information about the scheme being used and the tenancy
- At the end of the tenancy, if the landlord and tenant agree how the deposit should be divided, they will tell the scheme provider who will return the deposit divided in the way agreed
- If there is a dispute the landlord must hand over the disputed amount to the scheme provider for safe keeping until the dispute is resolved
- If, for any reason the landlord fails to comply, the insurance arrangements will ensure the return of the deposit to the tenant if they are entitled to it. For further information please go to the web link on the right of this page.
In each scheme the balance of the deposit must be returned to the tenant within 10 days of agreement being reached. In addition to the two links above there is a third scheme, run by the Dispute Service Ltd which is an insurance based scheme aimed primarily at letting agents. For further information please go to the web link on the right of this page.
Advice for private landlords and agents
Blaenau Gwent County Borough Council works with landlords, agents and tenants to encourage responsible renting and to promote a positive image of private renting and to support good practice within the sector. We can give guidance on the legal standards for private rented housing and advice on what to do if you have problems. We have a range of powers that can be used to ensure that dwellings are safe and well managed.
We can give advice to private landlords to ensure that you are aware of your rights and responsibilities if you are letting a property as a private landlord and to ensure that you are also aware of the rights and responsibilities of your tenants.
Setting up a private tenancy
You set up a tenancy when you agree to let someone rent your property. The tenancy agreement is a legal contract that spells out both your rights and responsibilities as a landlord and your tenant’s rights and responsibilities. It can be written or verbal but it is sensible to put everything in writing so that both parties have a clear record of what is in the agreement.
The agreement should include information about:
- The type of tenancy
- The duration of the tenancy
- The amount of rent and when it is due
- Who is responsible for repairs
- How to end the tenancy and the procedure for leaving the property.
The tenancy agreement should contain the landlord’s (or agent’s) name and address.
Ending a private tenancy
To bring a tenancy to an end you will have to serve written notice on your tenant. The type of notice you must serve depends on when the tenancy started and why you want them to leave. You may have to get an order for possession from the County Court. If your tenant still fails to leave you may have to return to court to get a Warrant for Possession.
It is important to remember that you must follow the correct procedure and that you cannot evict the tenant yourself. Call 01495 355051 for further advice.
If your tenant moved in before 15th January 1989 they will probably have a regulated tenancy. There are very few of these tenancies left, if you think your tenant might have such a tenancy call 01495 355051 for further advice.
If your tenant moved in between 16th January 1989 and before March 1997 they will have either an Assured Tenancy or a Shorthold Assured Tenancy. If the tenant moved in after1st March 1997 they will probably have a Shorthold Assured Tenancy.
An Assured Tenancy gives your tenant the long-term right to stay in their home. It can only be ended if you have a specific reason for doing so, such as rent arrears (there are 17 grounds for seeking possession) You must serve a notice seeking possession giving either 2 weeks or 2 months notice depending on which ground for possession is being used. The County Court must agree to your application for possession.
A Shorthold Assured Tenancy gives your tenant fewer rights and is for a fixed term. This type of tenancy was created between 15th January 1989 and 28th February 1997 if you served your tenant with a section 20 notice before the tenancy began. This notice was separate from the tenancy agreement and had the effect of creating the shorthold tenancy. If the tenant moved in after 1st March 1997 they will probably have a Shorthold Assured Tenancy.
You normally have to give at least 2 months notice using section 21 of the Housing Act 1988 that you are seeking possession. The notice period cannot end before the conclusion of the fixed term. In some circumstances (eg a minimum of 13 weeks rent arrears) you may be able to give 2 weeks notice using section 8 of that Act. In either case you must apply to the County Court for a possession order.
If you are sharing accommodation such as a kitchen, bathroom or living room with your tenant the may be no legal tenancy but merely a licence to occupy. In this instance you need only give reasonable notice to quit (probably a month) and can carry out a peaceful eviction yourself without obtaining a court order. If you intend to do this we would strongly advise you to obtain legal advice first.
It is a criminal offence to evict a tenant without following the correct procedure.
Gas safety
If there are any gas appliances in any dwelling that you rent out you must:
- Ensure that gas fittings and flues are maintained in a safe condition and that appliances are serviced in accordance with manufacturers instructions
- Ensure that an annual safety check is carried out on each appliance and flue
- Ensure that all installation and maintenance work and all safety checks are carried out by a CORGI registered gas installer
- Keep a record of each safety check for at least two years
- Give the tenant a copy of the most recent safety check.
