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At Home - Housing Act Rights
The 2004 Housing Act gave new rights to tenants of social and private landlords, gave rights to people in shared housing and laid out much clearer rules around Tenancy Deposits.
You can find out more on the Shelter site, which has lots of information and advice.
Housing Association/social landlords tenants’ rights
If you think your home is unsafe and needs repairs, you can contact the Environmental Health Officer for an inspection.
Telephone 01902 556556 (switchboard)
They can force the landlord to carry out repairs they think are necessary
Rights for tenants of private landlords
Private Landlords now have responsibilities under the Housing Health and Safety Rating System (HHSRS).
If you are moving into a property with gas fuel, the landlord must provide you with a gas safety certificate for gas appliances on the premises before you move in.
If your landlord wants to enter your home for inspection or repairs, they must visit at a reasonable time and give you 24 hours' notice in writing. If not, they may be guilty of harassment.
If you have damaged stairs, faulty wiring, noise, mould in the kitchen or other health/safety problems with your privately rented property, you should contact the Council’s Neighbourhood Renewal section about an inspection: (01902) 555414
Tenants of private landlords have a rights to get their deposit back if they have looked after the property.
Housing Act Tenancy deposits
When you sign a new tenancy agreement, landlords will only be able to take a deposit if they use one of the two schemes- a custodial scheme, whereby the deposit is held by the scheme during the tenancy and during any legal dispute, or an insurance-based scheme where the landlord or agent keeps the deposit, but the deposit is insured in case of any dispute and thus protected for the tenant.
The landlord must tell you within 14 days of getting the deposit, which scheme s/he is using.
At the end of tenancy, under either scheme, landlords must repay all or part of a deposit, within 10 days of notification of termination of tenancy or within 10 days of a deposit dispute being resolved.
Failing to comply may mean landlords have to pay back 3 times the deposit.
If your landlord wont pay back the deposit try to negotiate. If this doesn’t work you can get your deposit back by taking the landlord to County Court.
Shared Housing
If you live in a shared house with 3 or more floors, and 5 or more tenants not from the same family, the landlord must register the property with the council. To get a licence the property is inspected to make sure that the kitchen, bathroom, and laundry facilities, gas and electric are suitable, and that the building is not overcrowded.