-
Questions on Private Rented Accommodation
Questions on Private Rented Accommodation
- What you need to find out prior to viewing accommodation
- On viewing accommodation
- About the tenancy
- About rent in advance
- About housing benefit
- What is a 'guarantor'?
- What are agency charges for?
- What is a 'holding fee'?
- What is a deposit?
- What are my rights as a private tenant?
- Can my landlord increase my rent?
- When can I be asked to leave the property?
- Agencies that can help you with your private rented accommodation
On this page you will find answers to some of the questions you need to ask when making enquiries about private rented accommodation. The information on this page is also available in printed format - 'your guide to finding private rented accommodation' is available from Guildhall One reception and also as a downloadable pdf file - see related documents below.
What you need to find out prior to viewing accommodation
Find out as much as you can about a property as follows:
- what type of property is it
- single or double bedroom/s
- number of reception/living rooms
- furnished or unfurnished
- self-contained or shared; and
- if shared, who with and what facilities and rooms are shared.
You must find out what the rent is and what the rent charge includes and ask if the landlord provides any services such as cleaning, laundry, linen and food – any entitlement to Housing Benefit would not cover these services.
If you are looking for shared accommodation it is very important to confirm whether the rent is charged for each person in occupation, per room or if the rent is ‘shared’ between occupiers.
You will need to know when the property will become available and how much ‘rent-in-advance’ will be required. You should also ask what deposit is required and if any of these figures are negotiable.
On viewing accommodation
If the property is furnished or unfurnished, you can ask for an inventory. You should make sure that the landlord or their agent signs this before making a copy for your own records.
You can ask to see the gas safety certificates if there is a gas supply to the accommodation.
If you are looking at shared accommodation make sure you secure confirmation on who is responsible for paying bills.
If there is a key or card meter for the electricity or gas, ask if this will be read prior to you moving in. If you are moving into a property make arrangements for the gas and electricity companies to read the meters before you take over the accounts.
Check whether there is adequate heating in the property and check the overall condition of the property. If a landlord or agent says problems will be rectified on your occupation you can ask them to confirm when this will be done and seek written assurance.
Ask who is responsible for decorations.
Check if the property is secure. If doors and windows can be locked and it is shared accommodation ask whether you will be provided with your own key. Also ask who else will have a key and in what circumstances entry would be made. Find out if any services are provided, such as cleaning, that require access to the property and check what this ‘access’ means.
About the tenancy
Ask if you will be provided with a written tenancy agreement. We would recommend that you have a written agreement that confirms details of:
- the landlord’s name and contact details
- address of property rented and what this consists of
- your name and those of any other joint tenants
- rent charged
- if payment is sought in advance
- when rent payment is due
- how rent payment is to be made
- how long the tenancy is for.
Providing a written agreement can help avoid potential disputes over tenancy agreements. Make sure you have a copy of anything you sign including an inventory.
If you are at all unsure about anything you have been asked to sign please seek advice from the Housing Advice Service or another advice agency such as the CAB (Citizens Advice Bureau) before agreeing to a tenancy.
About rent in advance
A landlord or agent will usually want ‘advance’ rent and deposit payments. This will usually cover a month’s rent and a similar sum for a deposit. If you are looking for accommodation with a letting agent they are likely to seek an additional sum to cover agency costs such as the provision of a tenancy agreement and the costs of credit reference checks.
About housing benefit
A landlord or agent might ask a prospective tenant if they need help with payment of rent through Housing Benefit. Alternatively they might ask if a prospective tenant is working and/or currently in receipt of benefit.
Some private landlords are reluctant to accommodate households who need help with rent payments through benefit. Where a landlord becomes aware of a tenant’s need for Housing Benefit they might request their tenant to vacate their accommodation where they have expressly advised they will not accommodate households in receipt of benefit.
It is important that you pursue a claim for Housing Benefit if you are unable to maintain payment of rent. However, in making a claim, a landlord or their agent may well become aware of a tenant’s need for benefit where the Housing Benefit office require information only a landlord or agent can provide.
If a landlord or agent is concerned that you have a need to claim Housing Benefit prior to agreeing to a tenancy you can advise them of that help in establishing the ‘affordability’ of accommodation via a Pre Tenancy Determination. If you need help explaining this process and the assistance available with determining potential benefit entitlement you can ask the Housing Advice Service to discuss this with a prospective landlord.
What is a ‘guarantor’?
A guarantor is expected to guarantee paying the rent to a landlord if the tenant, for any reason, does not pay the rent. Landlords and their agents might require a guarantor prior to letting their accommodation. A guarantor is legally responsible to pay any rent payments outstanding and can be taken to court by a landlord where a tenant has failed to meet any rent payment. In the absence of a guarantor it might be possible to negotiate with a landlord about this and secure alternative guarantees about rent payments where you can provide references from employers and a credit reference check.
What are agency charges for?
Agencies can charge for a number of services provided to tenants including:
- drawing up a tenancy agreement
- providing an inventory
- carrying out credit reference checks and securing references
- negotiating with the landlord on the tenant’s behalf about the contract.
However, letting agencies may not charge for registering the names and housing requirements of prospective tenants or supplying the addresses and details of available accommodation. If you are charged for this service please contact the Housing Advice Service for advice and assistance.
It is important to establish what agency fees will be charged prior to agreeing the help of an agency.
What is a ‘holding fee’?
Although the name ‘holding fee’ suggests it gives a prospective tenant first call on a property, the payment of such a fee does not bind the landlord or their agent to let a property to a prospective tenant. Such provision is only available where both landlord and tenant have signed a contract or tenancy agreement and rent has been paid.
Payment of a ‘holding fee’ will not guarantee a property for a prospective tenant. If you have a dispute about a holding fee not refunded please contact the Housing Advice Service for further advice and assistance.
In the absence of an agreement to provide accommodation, where a prospective tenant wishes to secure alternative accommodation and seek the return of the ‘holding fee’, a landlord or their agent might not return the fee provided.
What is a deposit?
A landlord will usually seek a deposit before offering a tenancy to protect them against potential losses due to damage, rent arrears or other debt incurred when a tenant leaves.
Landlords must ensure that any deposit provided to them from 6 April 2007 is ‘protected’ by a government authorised Tenancy Deposit Protection (TDP) Scheme.
A landlord must inform a tenant within 14 days of receipt of a deposit what TDP scheme they have used to protect the deposit.
Failure to do this will mean a landlord can be subject to a court fine and cannot seek to evict a tenant using the accelerated possession procedures normally available at the end of a contract.
For more information about your rights to Tenancy Deposit Protection, please contact the advice providers listed below or visit www.direct.gov.uk/tenancydeposit - see related links below.
What are my rights as a private tenant?
Private tenants have rights regardless of their type of tenancy even where a landlord has not provided a written agreement. These rights include:
- the right to know the name and address of their landlord
- to have a rent book where rent is charged weekly
- to get repairs carried out and for their accommodation to be safe
- not to be subject to harassment or illegal eviction.
Can my landlord increase my rent?
Yes. Within a period of any current contract, a rent can only be increased with the agreement of both landlord and tenant. Where there is no contract or a contract has ended, rent can be increased by service of a valid notice of rent increase or by provision of a new contract.
When can I be asked to leave the property?
A landlord is required to provide a notice to end a tenancy and such a notice generally needs to give legal reasons why a landlord wants a tenant to leave. These are called ‘grounds’. Verbal notice is not sufficient.
It must be in writing and include certain prescribed information; it must be dated and provide details of property, tenant, landlord and a correct expiry date of the notice served. The minimum period of notice required is also important as it is different for grounds or reasons a landlord might want a property back. Notice should also end on a specific date to the tenancy period or contract. If a tenancy has ended or a notice has been served a tenant continues to remain liable to pay rent. A non-resident landlord is lawfully obliged to claim possession at court.
If you have any concerns regarding the above, seek advice and assistance from the Council’s Housing Advice Service - contact details for this service and other agencies that can provide information are detailed below.
Agencies that can help you with your private rented accommodation
| Agency | Contact Information |
|---|---|
| Housing and Council Tax Benefit |
For help with rent payments for households on a low income or in receipt of benefits.
Council Tax Benefit enquiries: 020 8547 5196 Open: Monday to Friday 9.00am to 4.30pm |
| Housing Advice Service |
Provides housing advice to landlords and tenants in the private sector about a whole range of issues in private sector lettings including:
The Service can also provide money advice to help prevent homelessness for households who rent a property or own their own home. Housing Advice Service Open: Monday to Thursday 8.45am to 5.00pm; Friday 8.45am to 4.45pm |
| Environmental Health |
Provides help and advice on private sector housing issues concerning repairs, improvements and adaptations for landlords, tenants and home owners including:
Environmental Health Phone: 020 8547 5536 Open: Monday to Friday 8.45am to 5.00pm |
| Citizens Advice Bureaux |
For free help and advice to landlords, tenants and home owners on a range of issues including:
Phone: 0870 126 4019 Visit at the following offices: Citizens Advice Bureau Citizens Advice Bureau Citizens Advice Bureau |
| Kingston Churches Action on Homelessness |
Provides help and advice to homeless households and those threatened with homelessness including housing and welfare benefits, legal rights of occupation, housing options and hostel access service. Kingston Churches Action on Homelessness Phone: 020 8255 7400 Open: (Full Advice Service) |
| The Rent Service |
Executive Agency of the Department for Work and Pensions determining level of rent eligible for benefit for private tenants, landlords and letting agents and sets rents for regulated tenancies. The Rent Service Phone: 020 8408 5700 |
| Shelter |
Advice and information to private and public sector tenants, leaseholders and homeowners about a range of issues affecting accommodation and preventing homelessness. Shelter London Phone: 020 7014 1540 Open: Monday to Friday 10.00am to 4.00pm |