Adviser: Tips for successful tenancies

Our housing advice line gets stacks of queries about renting privately.  A lot of the PRS cases that come through to me and my colleagues could have been prevented at the start of the tenancy if the tenant or the landlord was better prepared.

We get a lot of calls in September and October each year from people who've signed up to a tenancy that hasn't worked out.  The reasons that people have for wanting to get out of agreements are understandable, some common issues are:

• young people signing up to an agreement earlier in the year but not getting a place at university
• housemates falling out with each other
• dissatisfaction with the property once the initial fun wears off.

Unfortunately for these people, it’s incredibly difficult to get out of a rental contract without risking a massive financial penalty.  A tenancy agreement is a legal document and once you’ve signed it, you really need to be able to prove that it’s been breached substantially to render it invalid.  The old advice of “buyer beware” definitely rings true.  If you’ve got clients in the market for a new rental property, here are the key things they need to think about:

1. Don't be rushed during a viewing

Always, always arrange to see a property before agreeing to take it on.  Don't let the agent or landlord rush you through the place.  Taking a checklist with you will help you to remember the key questions you need to ask. 

2. Don't sign unless you're absolutely sure

Don't commit to an agreement that you may not be able to keep.  Sometimes people don't get the grades they need to get into a course or haven't worked out their finances to see if they can actually afford to move out of home.  It's virtually impossible to get out of a tenancy agreement without a severe financial penalty if you've just changed your mind.   Simply changing your mind means you could lose any deposit you paid for the tenancy and you may be held to the agreement until it expires.  

Read the agreement carefully before you sign, get advice on anything you're not sure about and make sure you get a copy of the agreement. 

3. Check, check, check the property's condition

If you're moving to a new place you may be too stressed or to think about the practicalities.  Come the freezing cold mornings in January you could be cursing your single glazed windows and leaky shower.  Check everything thoroughly. If you're moving in on the condition that the landlord carries out certain repairs, get a list of repair work and a date by which it will be completed in writing and signed by the landlord.  

Quality standards in private housing are pretty low and it can be frustrating trying to force a landlord to carry out repairs and improvements. 

4. Know what you're liable for

If you're moving into a property with a group of other people, find out if you can be held responsible for anything they owe to the landlord.  If your tenancy agreement says you are jointly and severally liable you may end up paying your flatmates' rent if they leave the property.

If your guarantor signs an agreement with joint and several liability they could also find themselves footing the bill for someone else's costs.  Read your tenancy agreement carefully and make sure your guarantors know exactly what they’re signing up to.  

5. Know your rights

You've got certain legal rights.  Any deposit you pay to a landlord after 1 April 2013 must be registered with one of the 4 DSD approved deposit protection schemes in Northern Ireland.  

Your landlord must give you a Rent Book and a Statement of Tenancy Terms.  These should contain your landlord's name, address and telephone number even if an agent is managing the property.  You have a right to these details and it's important that you keep a record of them.

 Your landlord can only evict you by following due process of law.

6. Know your rates!

Understanding who has to pay rates can cause massive headaches for private tenants.  If you live in a HMO (a house with a minimum of 3 tenants from at least 2 families) your landlord is responsible for passing the rent on to Land & Property Services (LPS) although he may collect the money from you as part of your monthly rental charge.  

If you live in a property that's not a HMO (say you share with just one other person or live in a property with your family) you need to be clear on who is responsible for passing the rates money to LPS.  Unlike other parts of the UK, students still have to pay rates in NI. 

7. Protect your investment

Look after your new home and your property.  

It's pretty standard to be asked to pay a deposit when you take on a new tenancy.  Your landlord can keep some or all of this money if you've damaged the property or owe any rent.  If you pay your deposit after 1 April 2013 it must be registered with one of the 4 DSD approved deposit protection schemes in Northern Ireland.  Your landlord has to take an inventory and you should be given an opportunity to comment on the condition and cleanliness of every item on it.  

It's in your best interests to take out contents insurance so you're protected if your possessions are damaged or stolen.  Your landlord's insurance won't cover your losses. 

8. Your new home

Although your landlord owns the property, it's your home while you are the tenant.  Your landlord cannot enter the premises without giving you adequate notice unless there's an emergency. At the same time, you shouldn't refuse access to your landlord without a good reason.   

9. Be a good neighbour

Not everyone living around you is going to be on the same timescale as you so keep the late night noise to a minimum.  Make sure you know what day your bins are collected and try to bring them back in as soon as they've been emptied as "bin theft" is a common crime in some areas and you'll probably have to pay for a new one. 

10. Working out problems

Sharing a home with other people is a weird experience.   It can be masses of fun but it can also cause huge disagreements.  Drawing up ground rules or discussing problems maturely may help prevent any fallouts between flatmates.   Try not to leave passive aggressive post-it notes around.

If problems crop up between you and your landlord or agent try to deal with things reasonably.  It's best to keep copies of any correspondence just in case the dispute ends up becoming more serious and you need to prove your case in court or with a tenancy deposit scheme adjudicator. 

And, finally...

Make sure your clients know who to turn to if something goes wrong.  Advice is available from Housing Rights Service, an independent advice agency or online via our website.