Tenancy issues

Illegal eviction and harassment

Illegal eviction and harassment of tenants are criminal offences and Plymouth City Council can take action in either the Magistrates or Crown Court when such offences are committed.

Illegal eviction occurs when a tenant is required to give up their accommodation without the correct Notice Requiring Possession being issued and the landlord obtaining a Possession Order from a County Court. In these circumstances the tenant would always be advised not to vacate until the matter was resolved.

It is also important to remember that only a Court appointed bailiff can enter a property and remove a tenant and their belongings - even when a Possession Order has been granted.

Harassment occurs when a landlord or an agent acts in a way that they know is likely to cause the tenant to give up their home. For example, this could be as a result of persistent visits at irregular times, persistent failure to give written notice, unauthorised access, failure to carry out essential repairs and interrupting power or water supplies.

Abandonment

If you are not sure whether or not your tenant has permanently left their accommodation you must get advice from a specialist organisation or solicitor before entering and taking possession in order to ensure you are not committing any offence.

Deposits

A landlord may request payment of a deposit by the tenant before they move in to the accommodation. This acts as a security in case the landlord incurs a financial loss when the tenant moves out. It may coversuch losses as damage to the property beyond normal wear and tear.

A deposit should only be withheld until all financial matters have been resolved and any balance owing should be returned to the tenant. It is a good idea at the start of the tenancy to agree an inventory of the property, its condition and contents before the tenant moves in. This will help to avoid disputes at the end of the tenancy.

Rights of access

Although the house is the landlord’s property, it is the tenant’s home. Every tenant has the 'right to quiet enjoyment' and privacy in the accommodation. If you or your contractors need access to the property to inspect the condition or carry out repairs this must be done with the agreement of your tenant. You must give at least 24 hours notice (preferably in writing so that you have a record of this for future action), and you must ensure you have the tenant’s agreement to enter their home. If the tenant does not give permission the landlord may be trespassing.

Although the tenancy agreement may have the condition that the landlord may enter the house at any time, this is an unreasonable condition. Any attempt to enforce this may be construed as harassment.

Although the landlord may hold a key to the property, this is only done so with the consent of the tenant. The tenant has the right to change the lock to protect his own privacy.

There is an implied right of access which can only be enforced through the courts. Where reasonable access is refused there is no automatic right of entry, although it may be considered that the unauthorized entry was justified if there was an emergency (eg a water leak, smell of gas or smoke).

If reasonable access is refused proper action through the courts should be taken.

It is always advisable to come to a mutual agreement with tenants about access arrangements, giving as much notice as possible both for yourself and workmen.

Repairs to the property should be carried out quickly and efficiently to avoid undue disturbance to the tenants. Where major works are required the landlord should consider the options of decanting the tenant into temporary accommodation, or delaying the works until the house becomes empty.

Rent book

Where the rent is paid weekly, there is a legal requirement for a landlord to provide a rent book or other similar document on which the rent paid can be recorded.

It must also carry certain prescribed information and the rights of the tenant.

Where rent is paid at other intervals it is a good idea to provide a rent book or similar rent record so that any arrears or overpayment may be brought to the tenant’s attention as early as possible.

This will give the tenant the opportunity to keep their affairs in order and avoid disputes. It will help you demonstrate arrears in any Court proceedings.

Electricity supply and service charges

Where electricity (or gas) is supplied to the tenants by a landlord’s submeter, the landlord may not profit from this 'resale'. The electricity/gas can only be charged for at the rate that the landlord pays, and the tenant can only be required to pay that which he in fact uses.

A tenants sub-meter can not be used to supply power to the common areas of the property (eg for lighting a common stairwell). These costs should be included within the rent or specified as an additional service charge.

The tenant has the right to recover any overpayment from the landlord.

Further information on this is available from The Office of Gas and Electricity (OFGEM) telephone 020 7901 7000 or email consumeraffairs@ofgem.gov.uk.

Housing benefit

If a tenant receives state benefits or is on a low or nil income, they can probably receive assistance from the local authority with payment of rent.

This is via the housing benefit scheme. The amount payable is dependent upon:

• the tenant’s income and any savings
• an assessment by the Rent Officer Service of the rent in comparison with other similar properties in the area let under similar tenancies

If you wish to know the amount the Rent Officer will set as the maximum eligible rent for housing benefit purposes then you may apply for a pre-tenancy determination. This is carried out before the tenant takes the tenancy and enables both parties to ensure that all financial commitments will be met.

Housing benefit may be paid direct to the landlord in cases where the tenant so chooses. This is also possible in cases where the tenant has arrears of rent of eight weeks or over £300. You should be clear, however, on rules of recovery of any overpayment of housing benefit before you agree to receive benefit direct.

You can get further information on housing benefit procedures and payments by telephoning the City Council Revenues and Benefits Department (there is a dedicated landlords telephone line 01752 304000) or by email to hbqueries@plymouth.gov.uk.

Visit our housing benefit page for more details.

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