A Home to Rent in the Private Sector

Seeking Accommodation

Many people who are looking for a home to rent either do not want council or housing association housing, or do not qualify for it.  The main alternative is to look for a home to rent in the private sector. This source of housing is increasing steadily.  This page sets out some general advice about the type of tenancy you are likely to be offered and the  obligations and rights of the landlord and the tenant.  A list of letting agents who deal with homes to rent privately in the Wealden ares is also available.

The Tenancy

When renting privately you will probably be offered an Assured Shorthold Tenancy. This type of agreement was introduced as a standard in 1988 and its use is widespread. It runs for a fixed term at the end of which the landlord has an automatic right to get the property back, although s/he must first serve a proper notice and may not evict the tenant against his wishes without a court order.  The Assured Shorthold Tenancy is for a fixed period, normally six months or twelve months. At the end of the fixed term, the landlord may offer a new fixed term tenancy at a new rent. In practice many tenancies continue to be renewed over a period of years.

What about the rent

The rent will normally be freely agreed between the landlord and tenant before the tenancy begins. Once agreed, that rent will apply for the assured tenancy period.

Help with the rent

If you cannot afford the rent which you have agreed with your landlord because you are on a limited income or claiming income support, you may be able to get housing benefit to cover all or part of the rent. You can obtain more details and an application form from the Housing Benefit Section in Hailsham on 01323 443322.

You can find out in advance what rent level would be covered by housing benefit for a particular dwelling. This is called a pre-tenancy determination. The intending landlord and tenant make a joint application to the Council before the tenancy is granted. If the rent is higher than the local average rent for similar dwellings, housing benefit may not be paid in full. This scheme is intended to prevent any future problems where housing benefit does not cover the full rent and the tenant is unable to make up the difference.

Repairs

The landlord will normally be responsible for repairs to the structure and exterior of the property and for maintaining the plumbing and heating fittings. The landlord should also maintain and repair the installations to supply gas, water and electricity.

Deposits

The landlord may legally ask for a deposit plus a month's rent in advance. The tenant should check whether the deposit is returnable and in what circumstances. If the deposit is not returnable, it is a premium rather than a deposit and may not be lawful.  If a deposit is paid, it will be in the interests of the landlord and tenant to draw up and agree an inventory of fittings and furnishings to avoid possible disputes later on about damaged items.

Get Advice

The law covering the rights and duties of landlords and tenants is complex and this is onlygeneral guidance. If you would like to discuss your situation in more detail, please contact the Wealden Housing Service on 01323 443322 and ask to speak to a housing adviser.

Further advice is available from the Housing Service both for landlords and tenants about their rights and responsibilities, as well as a directory of useful local contacts for housing advice.  Written enquiries may be made to the Head of Housing at the Hailsham Office.