An Overview of Tenants Rights

Tenants’ rights will vary depending on the type of tenancy agreement you have. The most common tenancy agreement is the assured short hold tenancy (AST). We will give you an overview and some specifics regarding the tenants’ rights and the AST. Tenants’ rights are the rights either specified in the agreement or are inferred by the laws of the UK.

The assured short hold tenancy is typically set up for a specific period of time such as six months. During the six months the agreement is in effect the tenant has a right to live undisturbed, in a property with good repair, with information regarding the tenancy, and eviction protection.

We will take a look at the right to live undisturbed. When the tenant and landlord sign the agreement the tenant will expect the home to be theirs. In other words the landlord may not enter the premises without first speaking with the tenants. Other people and the landlord cannot freely enter the property. The landlord should ask permission before entering the property. The landlord may not interfere in any way with the tenants as this could lead to a finding of harassment in the court of law. There are certain circumstances that can overstep this right of the tenant, and these instances can be found under Landlord’s Rights.

The second right the tenant has is to have a property kept in shape. This means the building must adhere to the laws of construction. The exterior and interior of the structure must be kept to code. Examples of this right are making sure the roof does not leak, that the gutters work, that no broken windows or doors exist, and that the walls are in good repair.

Also under this law the landlord must make sure all gas, electric, heating, water, and sanitation are under the housing codes. Any invalid safety certificate will violate the tenancy agreement. If furniture is supplied it should be fire resistant. The tenant of course has the ethical and legal duty to ensure they care for the property. In this case the tenant would be responsible for a sink blockage or a blown fuse. In some tenancy agreements the tenant may have more responsibility for the upkeep of the property. These additional terms must be agreed to and spelled out in the tenancy agreement.

Eviction in the current economy is a very important concept to consider when it comes to tenant rights. A tenant cannot be evicted without proper reason from the landlord. These reasons for eviction are as follows:
1. The tenant is consistently late with the rent.
2. A term in the agreement has been broken by the tenant.
3. The tenant did not keep their word regarding upkeep of the property as spelled out in the agreement.
4. Repossession of the property would end the agreement.
5. The tenant is in arrears with the rent.
6. The tenant has created an annoyance.

If a landlord wishes to evict the tenant one of the above reasons have to apply. If there is any other reason it must be clearly stated and it will then be up to the court to decide if it is a relevant reason. The landlord must go to the court for a possession order for an eviction to occur. The court will not serve the notice until a valid reason is shown.
The last tenant right is for information. The tenant may ask the landlord to supply the terms of tenancy. When signing a tenancy agreement it is imperative that both parties retain a signed copy of the agreement. In other words after the tenant and landlord have both signed a copy of the agreement it must be given to both parties. This way the tenant will have the pertinent information regarding the agreement. The documentation must show the start date, the rent due and when it is due, how and when the rent may change, and the length of the agreement. Also if rent is charged at a weekly rate a rent book must be provided to the tenant. The law states this information should be given to the tenant 28 days after the request is made for such.