Tenants

How Can We Help You?

Finding somewhere to rent can be difficult. Once you have found somewhere, it is important that you know your rights, as a tenant. We hope this leaflet will help answer some questions.

John Searby is Head of Litigation at Gerard Maye Legal. He has specialised in landlord & tenant disputes for over twenty years and has acted for a number of local lettings agencies as well as providing free advice to tenants and landlords at community advice centres. John will provide professional advice about your case and is able to offer an initial free consultation for many clients
If you have a housing problem and you want some advice or assistance, contact us now. If you have been threatened with legal proceedings, it is important to act quickly as you may risk losing your home.

Gerard Maye Legal is an established law firm specialising in civil and criminal litigation. With offices in Brighton and Littlehampton, it offers a wide range of professional legal service, including:

• Employment advice
• Personal injury claims
• Injunctions/emergency work
• Housing/Landlord & tenant
• Criminal law
• We will advise you on how your case can be funded, including the availability of public funding (Legal Aid)
  

HOUSING PROBLEMS - some questions answered

I have applied for housing benefit but there is a delay and my landlord has threatened to evict me. What do I do?

If you qualify for housing benefit (because you are on means tested benefits or a low income), you should apply to your local authority as soon as possible. Sometimes there is a delay in the housing benefit office processing your claim. It is important that you keep your landlord informed about what is happening. If your landlord takes you to court because you are behind with your rent as you are waiting for your housing benefit claim to be sorted out, you should take to the court the papers from the benefit office to show that your claim is being processed and ask the court for an adjournment until your claim is sorted out; if you do not, the court could order you out of your home. If in doubt, seek legal advice.

My landlord has taken a deposit but won’t return it to me now that I have moved out.

Since April 20007, if a landlord takes a deposit from a tenant, it must be placed in an authorised deposit protection scheme, to ensure that you get it back at the end of the tenancy. If you owe rent or have caused damage to the property, your landlord may be entitled to keep some of the deposit; but if you
dispute this, there is an arbitration scheme that will decide whether or not you should get the deposit back. If your landlord fails to return your deposit without good reason, you can apply to court to order him to pay it back - and he may also be ordered to pay you a penalty equal to three times the deposit. Also, until your deposit is protected (and provided you are not in arrears with your rent or in breach of your tenancy), your landlord may not be able to get you out.

The flat that I have rented is very damp and in poor condition and my landlord won’t do anything about it. What do I do?

Your landlord has a legal obligation to keep the property that your rent in good repair. In particular, the place must not be damp or without heating and the electricity, water heating and sanitation must be in good condition. If the place is in poor condition, you should notify your landlord or agent in writing (and keep a copy of any letter sent), setting out what is wrong. If your landlord fails to carry out proper repairs within a reasonable time, you can ask the court to order him to do so and you might be entitled to compensation - for example, to pay for the cost of replacing ruined clothes, or if your health has suffered. It is important that you seek legal advice as soon as possible. Your solicitor might be able to act for you on a conditional fee (or ‘no win no fee’) basis, which means that you will not have to pay legal costs if your case is not successful.

I came home to find that my landlord had put my belongings out in the street and changed the locks.

As a tenant you are entitled to certain safeguards. Your landlord can only get you out of the property you rent by getting a court order. If they physically throw you out or prevent you from returning to your home without getting a court order, they are breaking the law and can be prosecuted. You could also ask the court to order your landlord to let you back in and to pay you compensation (for example for the cost of having to stay in alternative accommodation). You might be entitled to legal aid to fund your case or your solicitor might act for you on a conditional fee (‘no win no fee’) basis.

The other tenants in my building are always making lost of noise but my landlord won’t do anything about it. What do I do?

Your landlord has a duty to make sure that you are entitled to ‘peacefully enjoy’ the property that you pay rent for. This means that if other tenants in the building cause a nuisance or behave in an anti-social way (for example, by constantly playing loud music late at night or by being threatening or abusive to you) your landlord has to take steps to stop this. If he refuses to do anything, you are entitled to take action against him to force him to act. You can also contact your local Environmental Health Officer to investigate; they can take action against the tenants or landlord.

More information please contact us

 

Gerard Maye Legal

36 Robertson Road
Brighton, E. Sussex BN1 5NL
Phone 01273 560426
Email: john.searby@gerardmaye.co.uk