The housing ombudsman has been working for thirteen years to help end disputes between landlords and residents.  In the last month the housing minister, Grant Shapps, showed his plan housing regulation to change.  He did scrap the housing regulator plan for Inside Housing.  During this revelation he stated he would expand the housing ombudsman services to take on some responsibilities the Tenant Services Authority has.  In other words, the ombudsman would be England’s housing watch guard.

With this revelation came more news.  The government is considering merging the HOS with the local ombudsman to help deal with complaints.  The HOS has seen an increase in housing complaints by 43 percent from last year.  It could also be a lot busier in the next few months.  Despite the talks regarding the HOS they have handled many tenant complaints, and they have definitely seen an increase in these complaints.  No one is exactly clear on how the HOS works and their role.  There are plenty of misperceptions that run through the housing sector.

Dr. Mike Biles the housing ombudsman stated the HOS is an inquisitorial body.  It enables the tenants to challenge landlord conduct if there is something the tenant feels is wrong.  It is also meant to cut down on the expense or trauma of any court proceeding the tenant would normally have to go through.  The ombudsman on the other hand deals only with individual complaints relating to housing services like repairs, estate services, anti-social issues, allocations or charges.  The idea of the HOS is to uncover mismanagement by the landlord that could run deeper in the organisation. 

The HOS does have the power to fix individual issues regarding landlords.  If the housing association fails the TSA would then intervene to try to find the root of the issue.

There are currently quite a few varying kinds of tenancy agreement’s, some of them give tenants more rights than others.

Assured Shorthold Tenancy- Which can also be referred to as the AST.  This is the most popular kind currently being used in the privately rented area. If your tenancy had begun on or just after the end of February 1997, then it is highly probable that this is the type you may have.  And any tenancies which began before that date, but after the middle January in 1989 then the odds are you are most likely to use the Assured Tenancies.

Your rights might be slightly different if you fail to use one of these particular agreements. For example, if you live with your existing landlord as their lodger in their residence this could be known as a Non-Excluded Licence or a Tenancy.  There is also an Excluded Tenancy or Licence if the current landlord has separated a property into different units to make apartments or flats.  And the last one is a Bare Contractual Tenancy which is if you rent a house where the rent combined is more than £25,000 per year.  This type of tenancy usually happens in the bigger houses where there are many people residing under the same roof, for instance, where students live, it would only take an average of 5 students paying around £100 a week for the rent to make an impressive £25,000 a year.

Assured tenancy is usually given by a local housing trust or a housing association.  They give their tenants some relief in the knowledge that, providing they break no rules, they can continue to live there indefinitely.

A regulated or ‘protected’ tenancy, as it is also known as.  If you have moved into a property before the middle of January in the year of 1989 you would most probably own this agreement, this tenancy offers the protection against any rising rent or sudden eviction.

The term periodic tenant is used if a tenant resides in a property for an inconsistent amount of time such as on a weekly or monthly basis.  It can also be used if the fixed term tenancy has come to an end and the new fixed term contract has not yet been sorted out.  And with this arrangement a tenant can be evicted quite easily.  The landlord doesn’t need to give any reason for his decision when going to the court but he must still prove that the tenancy is an assured shorthold tenancy and he has served the right Section 21 Notice to quit.

The notice must be, at the very minimum, two calendar months or for the same time period for which the rent gets paid, whichever one happens to be longer.  The notice should fall on the end of the last day of the period of rental or the day before the rent is supposed to be paid.  If the tenants refuse to leave by the end of the notice period then it is up to the landlord to apply for a court order.

A periodic tenancy can actually be quite easy, besides the eviction, and the tenant will have a certain amount of protection.

It is certain though that no tenant can be forcefully evicted before the landlord has gone in to the court and the court has allowed the landlord to get back the property for his own possession.  A court will then give a written document which is known as a possession order.  The court has no option but to allow the landlord to evict the tenants as long as the right procedure has been followed through.  Tenants can go to the court and try to delay the inevitable eviction for as long as up to six weeks if they can prove that they are under extreme poverty.

A tenant can be removed from the property by bailiffs if they refuse to leave by the time a court order has taken effect.

It is essential to have a proper tenancy agreement drawn up and signed before you allow any tenant to live in your property.  A tenancy agreement is incredibly important for laying out your tenant’s rules and obligations, and what the limitations are of their rights.

Listed below are a few good pointers to give you a brief outline of what should be in any tenancy agreement you draw up:

Parties

This applies to the landlord and the tenant, but it can also include the guarantor, who gives any guarantee that the rent will be paid should the tenant fail to do so.

Term

This is the beginning and the end date for the required tenancy.

Rent Payments and the Amount

The amount of rent to be paid to the landlord, and at what time in the month he will receive it.

Deposit

The deposit amount which will be held by the landlord, this should be expressed in figures and words.

Method of Payment

The landlord can specify which payment method he prefers. This could be; a postal order, standing order, a cheque or cash, either directly to the landlord or the landlords agent.

Listed underneath are a few of the tenant’s obligations:

-         Pay the rent each month on time, a third party is entitled to do this for  the tenant if they are unable

-         Pay all the bills including all utilities during the entire term of the tenancy

-         Pay the television license fee too for the premises that are residing in

-         Keep the property in clean, good order

-         To leave the property in a good clean state at the very end of the tenancy

-         There must be no alterations to the property without the landlords knowledge

-         Allow the landlord to enter for inspection without giving prior notice

-         Not allowing the property to be used for illegal purposes

-         General nuisance to the landlord or neighbours must be prevented

-         Keep the grounds and garden tidy around the property

-         Have no pets without written permission from the landlord

-         No extra furniture can be brought into the premises without the landlords knowledge

-         No playing of loud musical instruments

-         Any damage to the property, this includes natural disasters such as flood, fire and theft. The tenant must report any incidents to their landlord, and give enough evidence for the landlord to make an insurance claim

-         No keeping any offensive or flammable materials on the property

-         The tenant must pay for professional cleaning at the end of the tenancy

-         No change to the telephone number of the property

-         No locks are allowed to be changed, this includes windows and doors

-         The property must not be left vacant for a certain number of days without the landlords knowledge

There are currently quite a few different types of tenancy agreements, some of them can provide the tenants with more rights than other ones do, these are the three main types:

Assured Shorthold Tenancy- Which is also known as the AST, this is the most popular kind currently in the private rented sector. If your tenancy had started on or just after the end of February 1997, then it is highly probable that this is the type you may own.  And any tenancies which began before that date, but after the middle January in 1989 then the chances are you are most likely to use the Assured Tenancies.

Your rights might differ if you don’t use either of these particular agreements which are listed, for instance, if you reside with your resent landlord as their lodger in their property this could be referred to as a Non-Excluded Licence or Tenancy.  There is also an Excluded Tenancy or Licence if the current landlord has separated a property into apartments or flats.  And the last one is a Bare Contractual Tenancy if you rent a property where the rent combined is more than £25,000 per year.  Where this type of tenancy commonly happens in the bigger households where there are many people living under the same roof, for instance where students live, it would only take an average of 5 students paying a rate of £100 a week for the annual rent to make an impressive £25,000 a year.

Assured tenancy is usually given by a local housing trust or maybe a housing association.  They give their tenants some relief in the knowledge that, providing they break no rules, they can continue to live there indefinitely.

A regulated or ‘protected’ tenancy, as it is also known as.  If you have moved into a property before the middle of January in the year of 1989 you would most probably own this agreement, this tenancy offers the protection against any rising rent or sudden eviction.

Tenancy situations can give rise to certain legal needs.  In a typical tenancy the landlord lets an entire home or property to the tenant for a specific amount of rent, due on a specific day.  The agreement requires either party to give notice of termination for the tenancy.  If the notice is before the fixed term ends there could be issues. 

In other words, you let a property for 12 months, but the tenant has to move out with 3 months remaining on the tenancy agreement.  You could require the tenant to pay the rent even after they move out.  You could also be a generous landlord and tell the tenant they are able to leave, but forfeit the deposit rather than the 3 months rent owed. 

Tenants also have one other option if they do not want to pay the rent or forfeit their deposit.  It is called the assignment of tenancy agreement.  This agreement allows a “sublet” situation.  The tenant is assigned a tenancy deed in which they can find another tenant to take over the existing tenancy agreement.  The new tenant would pay the same rent for the same terms.  At the end of the original agreement the new tenant would have to sign a new tenancy agreement.  In an assignment of tenancy the existing tenant is removed from financial responsibility.  It is now the new tenant’s responsibility to pay any monthly rent. 

The landlord has also given the deed of tenancy to the existing tenant for them to find a new tenant.  It means the landlord doesn’t have to look for a tenant.  They do get the ultimate approval of any tenant found, though.  A landlord may agree to this if they feel they can trust the tenant to find a new tenant.  However, since they give up their right to pursue the existing tenant some landlords are not willing to use the assignment of tenancy.  If the agreement is signed it is legal in a court of law.  It will protect the parties involved in the arrangement, but most often it protects the tenant more.

The Section 21 Notice comes in two different versions, the Section 21(a) and the Section 21(b). Section 21(a) is for fixed term tenancy arrangements, and section 21(b) is for periodic tenancies. A periodic tenancy is most common and is where the specified fixed term has passed, and continued to run indefinitely until a notice to terminate is issued. Such occurrence shall render the tenancy agreement a periodic tenancy agreement by default.

The purpose of tenancy laws is to protect the parties involved in the tenancy transaction. This means that landlord and tenant are protected from certain aspects of liability to one another and they have set down in writing the important and fundamental steps necessary for a concise and comprehensive understanding of where they stand with one another.

There is no legal requirement in the UK for a tenancy agreement to be in writing, although it is very highly recommended to ensure that the agreement can be evidenced and relied upon should a disagreement or dispute arise. The section 21 notice to quit is for use to effectively cancel a tenancy agreement.

Under the Housing Act of 1998, the landlord can give to the tenant a notice to quit the tenancy to obtain possession of the rented property. It is normal practice for the section 21 notice to be issued at the end of an Assured Shorthold Tenancy Agreement when it is due to naturally expire. It is the landlord’s responsibility to issue the section 21 notice to quit to the tenant. If the landlord does not issue the tenant with a section 21 notice to quit the tenancy, the landlord shall be operating in breach of the tenant’s rights.

Even though the section 21 notice to quit is a fundamental document in the tenancy sector, it does not require that any reason be given by the landlord to the tenant upon the request to terminate the tenancy. Instead, the section 21 notice simply states that the landlord does not wish to enter into a new tenancy agreement with the current tenant and instead wishes to regain full possession of the rented property.

Are you considering renting put a room in your property? If so, you will most definately need a formal written Lodger Agreement. 

It is really easy to obtain an affordable Lodger Agreement online in a template format so that you can simply enter your details as required, to tailor it your your individual letting situation. 

On the market there are two uses for Lodger Tenancy Agreements - you can enter a Guarantor clause to include a Guarantor in the agreement.  A Guarantor is a form of financial backer for the tenant (lodger).  This is useful if the Lodger is on a low or irregular income amount, or they are a student, for example.  If the tenant is to be a student, they not have any references as this may be their first time renting a place.  A Guarantor is a good iea as they act to guarantee the tenants obligations, responsibilties, and most imprtantly, payment, under the terms of the Lodger Agreement.

A pre tenancy agreement is an agreement entered into by a private landlord and prospective tenant before a conventional tenancy agreement is signed.  The pre tenancy agreement acts as a reservation for the prospective tenant.  The pre tenancy agreement will list the address of the property, the name of the landlord and prospective tenant, as well as the deposit paid.  The tenant shall progress into entering into a more thorough tenancy agreement once the landlord has received satisfactory references from the tenant’s previous landlord, employer or similar authority figure capable of providing a character reference.

 In essence, this agreement temporarily commits the landlord and tenant to a tenancy arrangement, reserving the tenancy so the landlord does not keep the property on the market.  The basic terms are agreed upon by the parties, including the value of the deposit payable by the tenant, and the duration of the tenancy.

One the deposit has been paid to the landlord by the tenant, and references have been obtained and approved, the landlord and tenant will be in a position to sign a formal tenancy agreement.

The pre tenancy agreement can be used for all private lets, including lodger arrangements.  Whether the rental property consists of a house, room or apartment, the pre tenancy agreement can be used to secure the basic terms of letting.

It is likely that, after some explanation, the tenant shall be happy to sign a pre tenancy agreement as this agreement provides security to the tenant knowing the property will be off the market and the landlord will not show the property to another prospective tenant unless satisfactory references have not been provided to the landlord by that tenant.

Also, the pre tenancy agreement acts to safeguard the landlord by enabling him to refuse certain tenants at his discretion.

Both the tenancy agreements and lease agreements are legal enforcers which establish the term of your tenancy. These agreements can either be verbally spoken or written. However, attorneys recommend that renters or leases request a written contract from the landowner.

Both lease and tenancy agreements cover the basic issues, e.g. the amount of money to be paid to the landowner, the security deposit, and who may reside in the rental unit.

The difference is that is the length in which the tenant resides in the property.

Terms are used in both tenancy agreements and leases, e.g. rule or condition. For example, if the contract reads that you must pay rent monthly, mow the lawn, and do not have pets then you are obligated by law to not have any pets, mow the lawn, and pay the rent. If you fail to adhere to the requirements you are in breach of contract in which the landowner can send you an eviction notice.

Tenancy agreements or rental agreements establish the tenancy for a short time, typically in one month. If you sign a month-by-month agreement it automatically rolls over each month unless the landowner or you give a 30-day notice to end the agreement.

Landowners by law can alter the tenancy agreements. For example, the landowner may increase the rent, unless it is specified in the contract otherwise. Proper written notice must be giving to the renter.

Leases on the other hand, obligate both the tenant and landowner for a set time, which usually is 12 months. In this case your landowner by law cannot increase the rent amount or change any terms until that lease has ended.

Your landowner cannot force you to move unless there is a breach of contract performed by you the tenant. For example, if you fail to pay the rent then you are in breach of the contract in which the landowner may terminate the lease.

Landowners by law cannot terminate a lease simply because they are tired of your complaining about repairs, or other problems. However, a landowner may decline the renewing of your lease once the lease has ended. If the landowner is subject to rent control then he or she has less flexibility.

Leasing offers more security than the tenancy agreements. Thus if you can get a long-term lease you stand a better chance if you plan to continue living at your rental property. Tenancy agreements give the landowner to kick you out on short notice whereas lease agreements do not.

Tenancy agreements open room for landowners to increase rent or terminate the contract. Leases do not lock you into any agreement as most tenants believe. For example, if you decide to move from your leased home half way through the contract the landowner cannot make you pay monies for the remainder of the lease. Instead the landowner must take some reasonable action to lease the property to another tenant.