Tenants: Guidance and Links

Deposits

Deposits paid to landlords should be registered in 1 of 3 schemes:

• Click the link to visit the Tenancy Deposit Scheme (TDS) page to find out more about the scheme.
• Click the link to visit the Deposit Protection Service (DPS) page to find out more about the scheme.
• Click the link to visit the Mydeposits page to find out more about the scheme

Notes

• Registration has to happen within 30 days, and you should tell the tenant which scheme it is in and provide information about the scheme itself.
• If a landlord doesn’t register a deposit, an offence occurs, which can see the tenant being awarded three times the value of the deposit in compensation.
• Claims on deposits for damage, arrears, or any other reason can be made through the schemes.

For more advice on tenancy deposits, Click the link to visit the Tenancy deposits at Shelter England website

Paying rent

The tenancy agreement should say how much rent is payable when it is due and how it should be paid. Rent is often charged in advance unless stated in the tenancy agreement.

This is the point at which the ‘contract’ starts.

Remember that handing over money as rent creates a contract. Although a contract should be written down, if that hasn’t happened, a contract has still begun money has changed hands.

Payment in arrears or advance?

The tenancy agreement should say how much rent is payable when it is due and how it should be paid.
Rent is often charged in advance, but if that is not stated in the tenancy agreement, the tenant can assume it is in arrears (paid at the end).

Cash payments should always come with the landlord's or agent's receipt.

It is good practice for all tenants and licensees to have a rent book as a record of rent paid. The rent book, or similar document, must contain the name and address of the landlord, the rent payable and state the type of tenancy granted.

It’s up to the landlord to say how and where they want the rent to be paid, but where a landlord refuses to accept rent, the tenant should always hold on to that money in case it is suggested that there are arrears.

It makes sense for a tenant to let the landlord know that the money is available, and this can be done by writing to their address. It is against the law for a landlord not to give an address for correspondence.

• Click here to view the Landlord and Tenant Act 1987 (legislation.gov.uk)

Changes to tenant fee

Since the Tenant Fees Act came in, there are rules about what new tenants can be charged for, including properties online.

The Consumer Rights Act 2015 has been changed to allow agent transparency to apply to online property portals such as Rightmove and Zoopla.

If you hear of any laws being broken, we’d like to hear from you:

• Deposits can only be up to the net value of 5 weeks’ of the dwelling concerned
• Holding deposits can be no more than one week’s rent
• The amount that can be charged for a change to a tenancy agreement is capped at £50 unless the landlord demonstrates that greater costs were involved. This only applies to changes asked for by the tenant
• Fees can still be charged for the early termination of the tenancy, but only if the tenant requested it
• Fines for late rent payments or lost keys, etc. the cost of these must be evidenced by a Landlord

View GOV.UK's information on the Tenant Fees Acts is here.

Unless you know the area, check the property in the day and the early evening or later when the atmosphere and street life can be very different. Reassure yourself the area is right for you.

Outside the property

• Neighbouring Properties: Check their state and signs of vandalism
• Roof: Are there missing tiles or a significant sag in the structure?
• Chimney: Check for cracks and leaning structures
• Brickwork: Do they have cracks or appear low quality?
• Guttering and Downpipes: Are they damaged, leaking or needing cleaning? Make sure waste pipes are secured to the building
• Boundary Walls and Fences: Are they solid and provide privacy?
• External Doors and Frames: Are they in good repair? Please make sure they are secure

Inside the property

Hallway, Stairs and Landing

• Stairs: Check to see whether you can feel the stairs flex when walking on them
• Handrail or Bannister: A handrail typically has three fixings on the wall. Look for missing or loose spindles on the stairs or landing
• Lighting: Check whether the lighting is sufficient to light the hall, stairs and landing

Kitchen

• Check the cupboard under the sink: Turn the cold tap on full and check the sink waste and plumbing for leaks. Does the water drain away quickly? If not, there might be a problem with the plumbing or drainage
• Cooker: If a cooker exists, ensure all functions are working. If it’s gas, it should have been included in the Gas Safe Register certificate
• Silicone Seals and Splash Backs: Check for mouldy or incomplete tiles
• Kitchen Sink: Check if it's clean or damaged in any way
• Ventilation: Ensure that condensation is not excessive and that there is no mould growth present
• Flooring: If a vinyl floor exists, are there any rips that could result in tripping while carrying hot pans or kettles?

 Bathroom

• The Bath or Shower: Check for any cracks or splits if the bath is plastic. If the tub is cast iron, check the enamelling on the bath, look for missing or raised enamel
• The Wash Hand Basin: Check for significant cracks and check the taps and the plug
• The WC: Check the WC flushes correctly and check for staining, scaling, cracks in the pan and general hygiene
• Splash Back Tiling and Silicone Seals: Check for cracked or loose tiles and poor silicone sealant that is incomplete or ill-fitting
• Bathroom Walls: Check the walls carefully for evidence of mould growth, loose plaster or flaking paintwork
• Ventilation: Ensure that condensation is not excessive and that there is no mould growth present

General

• Decoration: Is it in reasonable decorative repair? Check if you can redecorate
• Damp and Mould: Check for stains and watermarks, mould growth, or peeling wallpaper on the internal walls and ceilings
• Flooring and Carpets: Check the floor, not just what covers it. Look under rugs to see if they’re hiding any marks or damage
• Electrical Sockets: Check their condition. If they are chipped or cracked, they are not safe and will need to be replaced or repaired
• Light Fittings: Check that the light fittings are complete and work. You can take a light bulb with you
• Heating: What type of heaters are on the property, radiators, electric heaters, storage heaters or hot air heating?
• Central Heating: Ask to see the service record for the boiler; it should be serviced every year
• Hot Water: To see that all the radiators are working and that there is running hot water from all the hot taps. Ask the landlord to turn on the heating as soon as you go in so you can see if the house warms up
• Gas Fires: Turn on gas fires to make sure they work
• Solid Fuel: If there is any solid fuel heating or cooking equipment, the landlord must provide a Carbon Monoxide Detector by law. Make sure one is sited in the same room as any solid fuel burning amenity
• Fire Detection: If there are smoke alarms, heat detectors or emergency lighting, check that they are all working. By law, the landlord must provide a minimum of one smoke detector on every storey of the property which is used as living accommodation
• Fire Doors: If there are fire doors, do they have a working self-closing device? Do they fit well in the frame, and can they fully close?
• Soft Furnishings: All soft furnishings should have the British Standards Institution Kitemark on a label to indicate that the furniture is fire-resistant
• Loft: Check if the loft is insulated, as this may affect your heating bills and the energy efficiency of the building

Here are some additional things you may want to check:

• Where are the gas and electric meters located? Are they 'pay as you go' meters, or will you receive quarterly bills for gas and electricity usage?
• Is there a 'pay as you go' water meter? If so, where is it located?
• Where is the stop tap for the water supply? Does it work properly?
• Where is the fuse box or circuit breaker panel?
• What is included in the rental? Is the property furnished or unfurnished? Are any white goods (such as a washing machine, fridge/freezer, etc.) provided?

Safety Certificates

By law, the landlord must provide the following documents to rent out a property;

• Gas Safe Register Certificate (GSC): This should be provided annually, so check the certificate you are shown is in date
• Electrical Installation Condition Report (EICR): This should be checked at least every five years, so check the certificate is in date. The certificate will say if the electrics were ‘Satisfactory’ or ‘Unsatisfactory.’
• Energy Performance Certificate (EPC): This will show how efficiently the property uses energy and how this may affect fuel costs. From April 2018, private sector rental properties must have a minimum EPC rating of E. This is worth bearing in mind when looking to rent a property

If you are going to decorate the property yourself or change carpets or other fixtures and fittings, ensure you get permission in writing from the Landlord or Agent. If all of these checks are done before renting a property and actions are agreed upon in writing, then disputes with landlords later on can often be avoided.