Types of Tenancy

Resident Landlord

Excluded Occupier

If you rent a room in a house where your landlord is currently living and you share facilities such as a bathroom or kitchen you are what is know in law as an ‘excluded occupier’. This means that the landlord can let the accommodation to you for any length of time and will not have to go to court to get possession if he/she wants you to move out.

Unprotected Tenant

However, your landlord must give you reasonable notice. Usually this would be a week if your rent is paid weekly or a month if you pay your rent monthly. If your landlord lives on the premises but you do not share facilities with them (expect the front hall and stairs) then you are entitled by law to 4 week’s notice (or longer if your tenancy agreement says so) and the notice must be in writing. You are known as an unprotected tenant.

Assured Shorthold Tenancies (AST)

If your landlord does not live in the property, you will generally have an assured shorthold tenancy (AST). All new tenancies created after 28/02/87 are automatically Assured Shorthold Tenancies unless the landlord follows specific procedures to make it an Assured Tenancy. ASTs usually last six months but can be longer.

The landlord can ask you to leave at any time after 6 months, provided that any fixed term agreement has ended. If your landlord gives you notice to leave during the fixed term, you won’t have to leave until the end of the fixed term. You must always be given 2 months notice in writing.

If you do not move out when the notice expires the landlord must get a possession order from the Court before they can evict you. The landlord can only seek possession of the property during the fixed term on very limited grounds such as rent arrears. If that happens you should contact the Housing Advice Section on 0118 974 6760. If your landlord threatens or harasses you, you should contact the Housing Advice Section immediately.

If your tenancy is for a fixed term and it comes to an end and your landlord has not served any notice, there are 2 possibilities:

• You can remain in the property paying your rent as usual under the terms of the original tenancy agreement (this is called a statutory periodic tenancy).  The landlord can seek possession at any time but has to give you 2 month’s notice and follow the proper procedures.

• Alternatively you and your landlord can agree a further fixed term agreement. Again, if you are served notice within the fixed period, you will not have to leave until the end of the fixed term unless it is on one of the limited grounds.

Tenancy Agreements

The tenancy agreement is a written contract which sets out everything you and the landlord have agreed. It is a legally binding document which gives both you and the landlord certain rights are responsibilities.

It should state:

• the length of the tenancy
• how much the rent is
• when it is payable
• if there are any other charges
• the date on which the tenancy starts
• the date on which the tenancy is due to end
• regulation and responsibilities of both the landlord and the tenant
• the name and address of the landlord and a 24 hour contact number

The tenancy agreement should be signed by both the tenant and the landlord. If your landlord does not give you a tenancy agreement then you should request one as it is your legal right to have a tenancy agreement.

Housing Benefit.

If you are on benefits or have a low income you may be entitled to support from Housing Benefit.

To find out of you are entitled to assistance, please contact 0118 974 6636 or 0118 974 6711or call into the main Council offices at Shute End to see a Housing Benefit Advisor.

How to find accommodation

You can find out information about accommodation through:

• Letting agencies and estate agents
• Local newspapers
• Notice boards and shop windows
• Personal contacts - friends, family and colleagues

Other Things to Consider

Other things to consider when choosing a property are:

• can you afford it
• is it the right location for you
• is the property and area safe
• is it clean and in a good state of repair