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Topic: Do tenants have "renters' rights" in the UK?  (Read 4181 times)

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Do tenants have "renters' rights" in the UK?
« on: February 19, 2009, 12:24:12 AM »
I've been reading about all the crazy stories people have been experiencing in regards to their flats/landlords/agents, etc.  I know that each landlord seems to have different rental contracts that tenants sign, but I'm wondering if there is a separate "renters' rights" kind of thing over there? Basically, something not created by the landlord, but that guarantees renters basic rights in their property? Each state here has it's own specific renters' rights document here.

I'm just surprised that there's no protection for renters really. It sounds like a bunch of slumlords running the system! It makes me nervous to think about renting a flat without hiring a solicitor first.
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Re: Do tenants have "renters' rights" in the UK?
« Reply #1 on: February 19, 2009, 01:52:06 AM »
This site within DirectGov is devoted to Landlord and Tenant obligations.  There is a renters guide pdf at the bottom of the page.  Hope it helps!

http://www.direct.gov.uk/en/HomeAndCommunity/BuyingAndSellingYourHome/LettingYourHome/DG_4001391
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Re: Do tenants have "renters' rights" in the UK?
« Reply #2 on: February 19, 2009, 02:17:50 AM »
Thanks, pushkin! :)
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Re: Do tenants have "renters' rights" in the UK?
« Reply #3 on: February 19, 2009, 09:11:34 AM »
I've found that there are some basic rights, but the problem comes in enforcing them. The practices for what to do if your place is a slum is a lot more clear-cut in the US, especially in places like NYC where there's a big rental market.

Here... I'm sure it depends on the council, but overall it seems much harder and much rarer to really fight back, and even harder and rarer to win as a tenant.

Not to say you can't fight back against problems, there's just less guidance.
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Re: Do tenants have "renters' rights" in the UK?
« Reply #4 on: February 19, 2009, 09:20:20 AM »
Don't worry about a country run by slumlords.   Just remember that people generally don't complain about good landlords on a forum.  We had a few minor problems at the end of tenancy, but overall I had 3 good years with a landlord who was responsive and fair.  My in-laws are landlords for 2 flats and I would love to be their tenants!  It seems like everytime the girls call with complaint, my inlaws rush over to fix it.  In response to that they have had the same tenants for over 4 years.  I know it's easier said than done, but the best thing is not to rush into signing an agreement.  Read all the small print, see the flat a couple of times and if you can manage it see it when the current tenants are there and ask them some "innocent" questions about how repairs are done etc. 


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Re: Do tenants have "renters' rights" in the UK?
« Reply #5 on: February 19, 2009, 10:00:56 AM »
As someone who was a renter in NYC, I am one of the people on this forum who is very bothered by the lack of protection for renters, in comparison to what I am used to.

While I agree that not all, and not the majority of landlords are bad, the point is that there should be strong, well-enforced laws to protect renters from the ones that are bad.

As an analogy, the majority of people aren't thieves, but that doesn't mean we don't need laws to protect us from being robbbed.

Besides, often it is not a question of being a slumlord; it's a matter of deciding whose rights take prevalence.  Can a landlord evict a tenant if he has a relative who needs a place to live? Can a landlord raise a tenant's rent in order to meet his expenses, if doing this will cause the tenant to suffer severe financial hardship?  In these cases, the landlord isn't a bad landlord, and the tenant isn't a bad tenant;  it's just that they have conflicting needs.


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Re: Do tenants have "renters' rights" in the UK?
« Reply #6 on: February 19, 2009, 11:41:23 AM »
There is huge protection for renters.  We have compulsory deposit protection, protection from eviction, and the usual protections which come with contract law and the law of landlord and tenant (a very complex area of law).  But of all the people who have posted with complaints on this board there are hundreds who have no problem at all.

My landlord is an angel.  Our ceiling was leaking last winter, it was fixed within hours of me calling it in.  We get our boiler assessed once a year, and they always call to make sure it is okay for them to come round to do this.  She even knocked money off the deposit (from 6 weeks to five weeks) when we told her we hadn't budgeted for that much. 

Vicky


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Re: Do tenants have "renters' rights" in the UK?
« Reply #7 on: February 19, 2009, 11:58:52 AM »
OK, it's good to hear the positive experiences. I had considered that yes, people generally only complain when there's a problem, but in all my experience here in the States, I've never heard of the sorts of problems posted here. Also, when giving suggestions, I noticed no one really said "well, according to renter's rights, your landlord must..." as a response to the problems. Here, it's a legal thing. They can't NOT follow the renters' rights agreement.

It does seem that landlords have way more power than over there- especially the whole system of letting agents being the contact rather than the actual landlords. Landlords can take the money, but don't even have to be present for the tenants when there's a problem. What happens where there is a true repair emergency, say in the middle of the night? Water pipes burst in the unit or something? Here, there would be an emergency repair person sent even if it's 3am.
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Re: Do tenants have "renters' rights" in the UK?
« Reply #8 on: February 19, 2009, 12:02:32 PM »
I very much doubt that every landlord in the US would send a repair man out at 3am, and I am sure some on here have posted bad stories with US landlords.

With regard to letting agents be the contact, that is because many landlords pay managing agents to manage properties, rather than getting bogged down in this themselves.  This is especially true if the landlord is not a professional landlord, but has another job.  If a tenant doesn't like this arrangement, they don't have to rent the property.

Vicky


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Re: Do tenants have "renters' rights" in the UK?
« Reply #9 on: February 19, 2009, 12:41:07 PM »
I very much doubt that every landlord in the US would send a repair man out at 3am, and I am sure some on here have posted bad stories with US landlords

Oh I could go on and on about my crappy US landlords... When I lived in one apartment in FL, we had an electrical malfunction that caused the fire alarms to go off every 5 minutes, which started at around 2 am.  We called the emergency maintenance number, and their solution was "its 2am, we won't do anything until the morning".  So that was a hellish night. Then, the next day, they cut the power off and they didn't fix it for several days. So we didn't have any AC, hot water, cold food, smoke alarms, anything...  Considering I paid $1000 a month in rent, you think they could have offered a better service...

My landlord here is much better!
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Re: Do tenants have "renters' rights" in the UK?
« Reply #10 on: February 19, 2009, 01:09:24 PM »
Just another person saying "I love my UK landlord"...our landlords actually live in France but they are amazingly responsive (not to mention genuinely nice people!) We've had a broken boiler fixed within days, and after I brought a small damp problem to their attention, they put in new double glazed windows for us!
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Re: Do tenants have "renters' rights" in the UK?
« Reply #11 on: February 19, 2009, 01:10:27 PM »

With regard to letting agents be the contact, that is because many landlords pay managing agents to manage properties, rather than getting bogged down in this themselves.  This is especially true if the landlord is not a professional landlord, but has another job. 

I think that's the point. In the US, in New York at least, I think that becoming a landlord  is seen as taking on a big responsibility, where it seems that in the UK it is seen as something you do to get cash, and your other responsilbilites take priority.

Of course, it depends on the individual. I'm sure there are landlords in both countries who bend over backwards for their tenants, and landlords in both countries who are jerks.

I think the difference is that in the US, the law takes the tenant more seriously, with the idea that when you become a landlord, you take on the responsibility for providing a home for another human being, vs. the idea that you are engaging in a potentially lucrative investment option.

A while back, here in the UK our boiler broke and we were without heat and hot water for, I believe, over a week. It was a nightmare just getting in contact with the letting agent.

In the US, if the problem hadn't been fixed within 24 hours or so, I would have reported to a city agency and the landlord would have been fined if he didn't get it fixed immediately.


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If a tenant doesn't like this arrangement, they don't have to rent the property.

Vicky

What if they can't afford to live anywhere else?


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Re: Do tenants have "renters' rights" in the UK?
« Reply #12 on: February 19, 2009, 01:57:04 PM »
When I lived in Athens, GA (in a rat hole of an apartment) I woke up at midnight to the sound of rushing water.  A pipe had burst in my ceiling and it was raining in my kitchen.   :o   As I ran around trying to phone everyone I could think of, about 2 inches of water accumulated in my kitchen and living room.  The county finally came out and turned the water off completely.  It was a few days and weeks of misery trying to get it sorted.   After they sucked all the water out of my nasty moldy carpet, they inserted a giant blower under one edge and said to leave it running for the next week while it dried.  My living room was like a bouncy castle house - it was almost impossible to open to door, and not to mention the loud WRRRRRRR noise 24/7.  I hate to think about the crap that was growing behind the walls.  Utter and complete misery.

In retrospect, the move to Athens was a lot like the move here in terms of not enough time and not enough money to be able to do it right.  In neither case did I have the luxury of being too picky.  Sometimes you get lucky and other times you get stuck.  Then when the whole 6 month up front issue comes into play, if you don't have legal recourse it might not be so easy to walk away. 

I don't think there is anyway of knowing all potential issues that can come into play anyway, whether you are renting or buying.   All you can do is be prepared as possible for the hunt and then deal with the problems when and if they come up.  :)
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Re: Do tenants have "renters' rights" in the UK?
« Reply #13 on: February 19, 2009, 01:59:21 PM »
In the US, if the problem hadn't been fixed within 24 hours or so, I would have reported to a city agency and the landlord would have been fined if he didn't get it fixed immediately.

That was what I was getting at. Tenants have ways to get things taken care of if a landlord is not fulfilling his end of the bargain. No matter what is/isn't in a contract, there are certain basic expectations that tenants can count on. And as sweetpeach pointed out, the *law* actually protects renters, too.

I'm glad to hear that there are lots more positive stories about landlords, though! I guess I'm used to the system that you go down to the leasing office (on the property) whenever you have a question or a problem. It's taken care of as soon as possible- whether it's truly urgent or not.
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Re: Do tenants have "renters' rights" in the UK?
« Reply #14 on: February 19, 2009, 02:05:36 PM »
I think another difference is that in the US, outside of places like NYC and that, a lot of rental property is in the form of campus-style apartment blocks owned by a large corporation and managed by another large corporation.  So things like repairs are more stream-lined in many cases.

Whereas here, as sweetpeach points out, most rental property is owned by individuals who are in it primarily to raise a profit from their properties.

And this can have its advantages and disadvantages.

My former boss rented from a lawyer, first and last time, whom she had to take to court to get him to fix the boiler.  She was taking a bath using kettles of boiling water for two months before he fixed it, still paying rent, and then he opted not to renew her tenancy after the 6 months were up - like she wanted to stay there!



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