Private Rented Housing
Renting a property from a private landlord can
be an ideal form of tenure for many people. For those who are
not in priority need of housing, there can be a long wait for a
tenancy from a registered social landlord. For those wanting
to own their own home, saving for a deposit may take time.
Renting a flat from a private landlord is often the only option for
temporary visitors to the district, for example students at the
University of Cumbria or local colleges.
Nearly all of Carlisle‘s privately rented
housing is owned by individual landlords who advertise vacancies in
the local press. Some estate agents also keep lists of
privately rented accommodation.
Renting from a private landlord –
frequently asked questions
What do
I require?
How
long will my tenancy last?
Can I get help
paying my rent?
What happens if I don’t
pay my rent?
How can my tenancy
be ended?
What should I do if I
am being harassed or illegally evicted?
What do I require?
You should check with your landlord what is
needed before going to see a property, such as a reference, a
credit check, a deposit, and the amount of rent needed in
advance.
Many private landlords ask for a cash deposit
before they will grant a tenancy. This is to act as an
insurance against damage to their property. You should always
check with the landlord how much the deposit will be and on what
terms, before going to see a property. You will usually need to pay
the deposit the day the tenancy begins along with the first rent
payment (usually four weeks in advance).
The Tenancy Deposit Protection scheme was
introduced on 6 April 2007 and the Government has awarded contracts
to three companies to run the scheme. The scheme ensures that
the deposit you pay will be held by one of these companies until
the end of the tenancy and an independent agency will decide on any
disputes about getting back your deposit. If the landlord
wants a deposit, ask for the name of the company where it will be
held.
The Deposit Guarantee
Scheme (DiGS), helps people who need a private tenancy by
providing the landlord with a guarantee rather than payment of the
deposit up front.
It is a good idea to check and agree with your
landlord the extent of any damage already made to the property
before you move in. This will help to avoid any problems
getting your deposit back at the end of the tenancy. If you own a
camera, take photos of each room, particularly areas where there
are marks or damage. You can then refer back to these if
there is a dispute when your tenancy ends.
You should ask your landlord for a written
copy of your tenancy agreement and always get a receipt for any
money you have paid to your landlord.
How long is my tenancy?
Private properties are let on what is known as
an assured shorthold tenancy. This means that you are secure
in the property for a minimum of six months, as long as you don’t
break any of the tenancy rules in your tenancy agreement.
You need to agree with your landlord how long
your shorthold tenancy will last. It could be for a set
period (known as a ‘fixed term’) or may be left open ended.
An assured shorthold tenancy does not give you the right to have
your tenancy extended after the original period has ended. It
is worth asking your landlord how long he/she is planning to let
the property, especially if you want to avoid having to move again
in the future
Paying for private rented
accommodation
If you are planning to rent a private
property, check that you can afford to pay the rent. Don’t
forget that you will also have to pay Council Tax and bills such as
electricity, gas and water.
If you are claiming benefits, or you are on a
low income, you may be able to claim Local Housing Allowance (LHA).
LHA is a new way of deciding rent payments for people receiving
Housing Benefit. It uses a flat rate allowance based on the size of
the tenant’s household and the area in which the property is rented
to decide the amount of benefit they will receive. This amount is
not dependant on the rent that is charged. The benefit that tenants
receive may be higher or lower than the actual rent. The rate of
LHA that tenants receive will be looked at each year.
Other circumstances, such as the money that
the tenant has coming in or other people living in the household,
will still affect the amount of benefit paid, so the tenant may not
always receive the full rate of LHA.
LHA rates are calculated on a monthly basis
and will be published in the Cumberland News and on Carlisle City
Council’s website. For more information please call into our
Customer Contact Centre or call 01228 817201.
If you are single and under 25 years of age,
housing benefit will only cover rent for the cost of a room in a
shared house, which is about £45 per week. You will have to
pay the difference.
What will happen if you don’t pay your
rent
If you don’t pay your rent, your landlord can
seek a Court Order to evict you from your home. If you are
more than two months or eight weeks in rent arrears, in most cases
the Courts cannot refuse to grant the landlord an Eviction Order.
So you should always make sure your rent is paid.
In the first six months of your tenancy, if
you think your rent is too high, you can ask the Rent Assessment
Committee to decide what your rent should be. You can contact
the Rent Assessment Committee on 0161 237
9491.
Ending an assured shorthold
tenancy
Your landlord can ask you to leave at any time
after six months has ended, providing any fixed term you agreed
when you move in has ended. Your landlord must give you two
months notice in writing when they want you to leave.
Your landlord can apply to the County Court
for a Court Order ending the tenancy at any time for certain
reasons such as rent arrears, anti-social behaviour or damage to
the property. Your landlord cannot evict you without a
possession order from the County Court.
If you want to leave your home before the
tenancy term ends, you should discuss this with your landlord first
before giving notice in writing to your landlord. You should
give as much notice as possible to avoid problems getting back your
deposit but if your landlord is not willing to release you before
the end of the tenancy you could be charged for the whole of this
period.