Tessa's Ten Top Tips for tenants on rent
- Make payment of your rent your first priority. It is your home and you can be evicted if you fail to pay. Payment by standing order is best as you are then less likley to forget. If you pay cash, always get a receipt.
- If you are looking to be re-housed by your local authority, they may refuse to do this on the basis that you are ‘voluntarily homeless’ if they consider that you are responsible for being evicted for rent arrears, for example if you have used money such as housing benefit which was available to pay your rent, for paying off other debts.
- If you decide to withhold your rent, for example if your landlord is not carrying out proper repairs to your property, do not spend this money on other things. Keep it safe, preferably in a separate savings account. Then if your landlord tries to evict you for rent arrears, you will be in a position to pay off the arrears quickly.
- If your landlord is failing to keep your property in proper repair, in some circumstances you are entitled to withhold rent and get the works done yourself. However the proper procedure should always be followed and it may be a good idea to get legal advice first.
- If you are in the first six months of a new assured shorthold tenancy, and you think your rent is too high, you can refer this to the Rent Assessment Panel for review. However if you want to stay in the property as a long term tenant, be aware that this will not improve your landlord/tenant relationship!
- If your landlord tries to increase your rent, note that (for most tenancies) there are only three ways he can do this - (1) by a valid rent review clause in the tenancy agreement (and many tenancy agreements do not have these), (2) by agreement with you (e.g. by you signing a new tenancy agreement at the new rent) and (3) by service upon you of the proper notice to increase rent. For protected tenants under the Rent Act 1977 who have a fair rent registered, this can only be increased by the landlord every two years upon application to the Rent Officer.
- If your landlord does not follow one of these three methods and simply sends you a letter saying that next month your rent will be increased, you can ignore this. However you should write to your landlord saying that he has not increased the rent properly, and that you will not be paying the increased amount (keep a copy of the letter).
- If your landlord tries to increase your rent by notice, note that this can only be done after the fixed term of your tenancy has expired. If you think the new rent is too high, you can refer it to your local Rent Assessment Panel for review. However this MUST be done during the months notice period or you will be too late.
- If you find you are unable to pay all or part of your rent, you should speak to your landlord about it immediately. He may be willing to reach some agreement with you, for example to pay part of the rent later when you are able to afford it.
- If your rent is being paid by Housing Benefit, make sure you comply with all their requirements and complete all forms and send them to the benefit office promptly together with any documentation they may require. If there are arrears because of Housing Benefit delays, this is not a valid ground to defend a claim for possession based on rent arrears, and you could be evicted.
Notes:
If your landlord is not doing essential repair work, we have a procedure and draft letters you can use if you want to do the work yourself and offset it against the rent



