Looking to rent a property in London? Not sure about your contractual responsibilities? Curious about tenants challenges in the UK?
Whilst navigating the law around rental properties and tenancy agreements can seem a little overwhelming, getting to grips with it is important to avoid any costly mistakes. For first time renters, or those coming from abroad, the British way of doing things can be a little different. Also with so much competition in the London rental market, knowing how to protect yourself and ensure you are on the right side of the law is key.
From making sure your deposit is secure to changing light bulbs- here is the D&A Group guide to the legal responsibilities of a tenant.
Right to rent
Under British law, your landlord is required to check whether you have the legal right to rent a residential property. This means that the tenant is obliged to provide them with the information they need in order to carry out the check. The documents that need to be presented to the landlord prior to commencement of the tenancy include original versions of government-issued ID cards and the applicable documents from the British government detailing the right to reside in the country, and for how long. Subject to satisfaction of the requirements and the cooperation of the tenant, the tenancy can be signed.
Paying rent
Then it comes to rent paying for tenants in London, landlords appreciate punctuality and reliability. Whether there is a written contract in place or not, the tenant is obliged to pay their rent on time. Rent is usually paid in advance every week or month, as per the agreement, and if they fall behind, the landlord can take steps to evict them. If the tenant is claiming housing benefit to pay the rent, it is their responsibility to keep the claim up to date, to complete any renewal forms, or to tell the housing benefit department about any changes in circumstance.
Contracts
Whilst a tenancy agreements/rental contracts are not required by law, it is always a good idea to have one in place. This means that rather than the tenant relying on verbal agreements, they have something in writing to refer to should a problem arise. At D&A Group, we advise all tenants to insist on a proper contract before handing over any money or agreeing to rent a property.
Deposits
Most tenants are required to pay a deposit before moving into a property and it is usually equal to twice the monthly rent. By law, the landlord is required to place this money into a rental deposit scheme where it will be held for the duration of the tenancy. Deposit withdrawal is then possible at the end of the tenancy, once the landlord and tenant have agreed on how much will be returned. Tenants are however encouraged to check that the deposit has actually been placed in one of the three available schemes, and they can apply to the local county court if the landlord has failed to do so.
General maintenance
Whilst the landlord is responsible for repairs and maintenance of the exterior and structure, as well as plumbing, wiring, and central heating, the tenant has responsibilities as well. These include making sure that the home is well ventilated to avoid damp and that they carry out tasks such as checking smoke alarms and changing light bulbs. They must also try to avoid damaging items such as furniture and fittings as the cost of these can be deduced from the deposit.
Tenants are also required to inform the landlord of any work that needs doing as well as providing access for repairs to be carried ou
Abiding by the rules
If the contract states that smoking, pets, running a business from the property, or taking in a lodger/subletting is not allowed, the tenant must abide by these rules. If they wish to do these things, they should ask for written permission from the landlord, being sure to keep a copy of all written communication. Failure to do so can constitute as a breach of contract.
Termination of contract
If a tenant moves out of the property and stops paying rent before the end of the contract, and without following proper termination procedures, they are in breach of contract. This means that they are liable to pay rent and could even face court proceedings. It is possible to end the contract immediately but the tenant would need the agreement of the landlord and could risk losing the deposit. It is also worth noting that a tenant can only give notice if they are still in the fixed term of the contract, if the contract states that this is possible.
D&A Group have decades of experience in guiding tenants in finding the perfect property. We know the where, who, how, and why, and are fully aware of all the legal requirements of both the tenant, and the landlord. Based on this experience and knowledge, we can provide a full A-Z service to anyone looking to rent a property in the London area. For a hassle free, efficient, and fully tailored service, contact a member of our team today.
