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How can I rent from a private landlord?

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Money

Money

The most important thing is to make sure you can afford to pay the rent. Some landlords ask for deposits and rent in advance, which comes to a lot of money. If you are on a very low income, you may be able to claim some benefits. However, you may not be able to claim these benefits if you came to England in the last two years.

Many private landlords will not accept tenants who are on housing benefit.

Most properties let by a private landlord are on assured shorthold tenancies. This means you have some protection against being asked to leave your home and getting your deposit back.

What if I need financial support?

If you are on a low income, you may be entitled to financial support such as housing benefit or council tax benefit.

People who have moved to the country in the last two years may not be able to claim housing benefit. You should talk to the Citizens Advice Bureau, someone at Gateway or the neighbourhood advice centre to find out whether you can apply.

You can use an online calculator to see whether you may be able to claim benefits. If you think you can, contact Gateway for an assessment.

For information about benefits, translated into different languages, click on http://www.benefit-leaflets.org/leaflets.asp.

Useful websites

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Deposit

Deposit

You will normally have to pay a deposit or rent in advance (or both) when you rent from a landlord. The deposit is kept until the end of your tenancy, when it should be returned to you. Ask for a receipt when you pay a deposit.

When you pay a deposit for an assured shorthold tenancy, the landlord must hold it in a government-approved tenancy deposit scheme. Most private tenancies are assured shorthold tenancies.

What is a deposit scheme?

This scheme protects your deposit and offers a fair way to solve disputes about the deposit.

There are two types of scheme: a custodial scheme and two insurance schemes. To find out the differences between them, visit:

www.spla.co.uk/document_archive/Guidance_Notes-Tenancy_Deposit_Options.pdf

Who must use the deposit scheme?

Landlords must put your deposit in a tenancy deposit scheme if:

  • your tenancy began on or after 6 April 2007, and
  • your tenancy is an assured shorthold tenancy. (Most private tenancies are assured shorthold tenancies.)

If you paid a deposit before 6 April 2007 you are not protected.

What does the landlord have to do?

The landlord must tell you within 14 days of receiving your deposit:

  • the contact details of the landlord and the agent
  • which tenancy deposit scheme they are using
  • details of the scheme
  • contact details of the scheme administrator
  • the amount of the deposit
  • how to get the deposit back at the end of the tenancy
  • details of the tenancy you have paid the deposit for
  • what to do if there is a dispute about the amount of deposit to be returned to you.

What happens when I want to move out?

When the tenancy has ended you and your landlord should agree on how much deposit you should get back. This will depend on, for example, whether you have caused any damage or left any rent unpaid. If you and the landlord agree, the landlord should return the agreed amount to you within 10 days. If your landlord does not return your deposit, you should get advice from the Citizens Advice Bureau.

If you can't agree, the schemes can help you resolve the dispute.

What if the landlord keeps my deposit unfairly?

Your landlord or agent is allowed to keep all or part of your deposit if:

  • you failed to pay all of your rent
  • you damaged the property and furnishings
  • the property needed to be professionally cleaned
  • you took items that didn't belong to you.

If the landlord does keep some of your deposit, they should tell you why they did this. If you disagree with their decision, the tenancy deposit scheme offers a free alternative dispute resolution (ADR) service to help resolve the dispute. If you both agree to use the service, you will have to accept its decision.

If your landlord has not protected your deposit by putting it into a scheme, you can apply to the local county court to get it back. You should seek advice from your local Citizens Advice Bureau.

Useful websites

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