LHA tenants must protect themselves against rogue landlords

Latest reports released by the Government state that more than 40% of privately rented flats and houses in England are in a "non-decent" condition.

Related topics:  Specialist Lending
Millie Dyson
14th March 2011
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With cuts to Local Housing Allowance coming into affect from 1st April, Caroline Kavanagh of Townends estate agents, part of the Badger Holdings Group, warns tenants that they must understand what is required of a landlord by law in order to protect themselves from neglectful landlords looking to cash in on poorer, vulnerable tenants and their inability to afford somewhere better.

Caroline Kavanagh, Group Lettings Director of Townends estate agents comments:

“The problem is a lack of regulation which means anyone can advertise a property to let. If landlords are not using a professional agent, who would verify the identity of a landlord and their legal right to let the property, tenants may find disputes over descriptions of properties or property condition, difficult to pursue successfully.

"When renting from a private landlord, tenants should know they are still protected by certain tenancy laws and do not need to put up with unreasonable threat of eviction, inadequate space, faulty appliances that need repair or harassment.

"Tenants have a right to see proof of gas and electrical inspection certificates showing that appliances in the property are safe for use.”

There are a rising number of frustrated tenants coming to agents for help but then realising that using a landlord through a professional agent comes with a higher price tag.

Caroline adds:

“Tenants need to wise up and be smart about who they chose to rent off and make a decision about how long they would be prepared to accept subsequent problems. By example, if a tenant is renting from a private landlord and the boiler breaks down, the landlord is obliged by law to ensure the heating and water is fully functional and safe.

"If a landlord in negligent, tenants should take action immediately, even if it means writing to the landlord and advising them that they will get the problem fixed themselves, at the cost to the landlord, if no response is received within a reasonable time frame.”

In severe cases, tenants can contact the local authorities who, under the Housing Health and Safety Rating System (HHSRS) procedure, can take action against unacceptable living conditions by placing a property into a particular hazard category.

Depending on the severity, this could result in the landlord being served an improvement notice requiring works to be done immediately.

However, Caroline concludes:

“If a tenant sees a substandard property and is still prepared to take it, then they have to be prepared for a difficult tenancy.”
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