Private tenants - advice and support
We believe that everyone has the right to a decent and secure
home and works with private landlords and their tenants to help
achieve this.
If you are renting your home from a landlord you are a Private
Tenant.
As a private tenant you:
Are entitled to live peacefully in your home.
Cannot be forced to leave your home unless your landlord has
followed the correct legal procedures.
Please note: This page has been published to draw your
attention to some of the issues often faced by private tenants. It
is not intended to provide detailed guidance. For more information
and advice contact the Private Sector Housing Team:
E-mail: ehs@scarborough.gov.uk
Tel: 01723 232530
Fax: 01723 365280
Harassment
Harassment is when your landlord, or someone else acting for
them does things to try and make you leave your home. It can
include:
- Stopping the supplies of gas, electricity or water to your
accommodation.
- Refusing to do repairs.
- Frequent unannounced visits, especially if they are late at
night.
- Entering your home when you are not there, without your
permission.
- Making threats and telling you to leave.
Unlawful eviction
Unlawful eviction is when your landlord or someone acting for
them forces you to leave your home without following the proper
legal procedures.
Unless you are sharing part of your accommodation with your
landlord (such as a bathroom, kitchen or living room), you can only
be forced to leave your home by the County Court Bailiffs. For this
to happen your landlord must serve a proper written notice telling
you that your tenancy is being ended, and then must apply to the
County Court for a Possession Order requiring you to leave. Only
the bailiffs can enforce the Possession Order and force you to
leave, this cannot be done by your landlord.
Examples of unlawful eviction can include:
- Changing the locks when you are out.
- Being physically thrown out.
- Being stopped from getting into part or all of your home.
What should I do?
Most landlords want to provide good and secure homes for their
tenants and have no intention of causing distress to their tenants
or of breaking the law.
If you feel that you are being harassed, threatened with
unlawful eviction or if you have already been evicted unlawfully,
you should contact the Private Sector Housing Team straight away.
The address and telephone number are given below.
With your agreement, officers will try and contact your
landlord and explain the legal situation to them. They will ask
your landlord to stop harassing you and/or to let you back into
your home.
You will also be advised that as a private tenant you can take
legal action through your own solicitor if you are being harassed
or have been unlawfully evicted.
Usually this action is sufficient to solve the problem. If it
does not work, and where there is enough evidence to show that your
landlord's behaviour is illegal, the Council can choose to
prosecute.
If this happens you will be asked to make a formal statement
and to be a witness in court.
Always keep a record
If you are suffering harassment or are being threatened with
unlawful eviction always keep a diary about what has happened. It
is very easy to forget later on, and written details will be useful
if you want to inform the Council or your own solicitor later on.
It is also a good idea to take photographs if you can of anything
the landlord may have done, or not done, to make you want to
leave.
Access to your home
Your landlord has a legal right to enter your home for
inspection and to carry out repairs but only after giving you at
least 24 hours written notice. The inspection must be at a
reasonable time, that is not in the middle of the night!
Call the Police
If your landlord turns up unannounced you do not need to let
him or her in. If they insist on getting in, call the Police.
Homelessness
If you have already been evicted please contact the Housing
Options Team via Customer First at The Town Hall, St Nicholas
Street, Scarborough or The Council Offices, Skinner Street,
Whitby. An officer will then work with you to try to get you
back in to your property or to obtain suitable alternative
accommodation. To arrange an appointment or for further advice
please telephone Customer First on 01723 232323 and ask for the
Housing Options Team.
Please note: This page has been published to draw your
attention to some of the issues often faced by private tenants. It
is not intended to provide detailed guidance. For more information
and advice contact the Private Sector Housing Team.
External Website Links
FAQs
1. What sort of tenancy do I have and what are my
rights?
Assured shorthold tenancy
The majority of private rented tenants are assured shorthold
tenants. They can only be evicted in certain circumstances
and landlords must follow certain rules and procedures.
If your tenancy is for a fixed period of time, such as six
months (a 'fixed term' tenancy) you can only be evicted during the
fixed term if your landlord has a legal reason (or 'grounds' to do
so). This could be due to many reasons, including anti-social
behaviour or non-payment of rent. The landlord must give
correct Notice which can be either 14 days or two months, depending
on the reason your landlord is using and then obtain a possession
order.
Following the fixed period you become a periodic tenant and
the landlord does not need a ground to evict you, however he or she
still has to follow the correct process, which is usually a two
month written Notice followed by a possession order.
Assured tenant
You may be an assured tenant if you moved into your current
property prior to 1997 and received a Notice stating that you are
an assured tenant.
You can only be evicted if your landlord can prove a reason
(or 'ground') to the Court.
Occupiers with Basic Protection
You are likely to be an occupier with basic protection
if:
- you live in the same building as your landlord but do not share
living accommodation with the landlord (for example if your
landlord lives in a separate flat within the same converted
house)
- you live in a student hall of residence
- you pay a very low rent or a very high rent
If you are a fixed term occupier your landlord can apply to the
court for a possession order after the end of the fixed term.
There is no need for the landlord to give you Notice.
If you are a periodic occupier your landlord must give you a
written Notice and then apply for a possession Order before you can
be evicted. They don't have to give a reason but they must
usually give you at least four weeks notice.
Excluded Occupiers
You are likely to be an excluded occupier if you share living
accommodation with your landlord. If you are an excluded
occupier your landlord can evict you without having to go to
court.
2. What rights do I have if my landlord's property is
being repossessed?
In most cases, the lender's rights to repossess the property
overrides the tenant's right to live there.
Upon repossession the lender will apply to the court for a
possession Order. When granted the court will send a Notice
Form (Form N54) to all tenants informing them of when they must
vacate the property. This may only be a period of a few days
and a tenant does not have a right to stay past this date.
Should you receive one of these Notices and be concerned about
organising housing, please contact a Housing Options Officer
on 01723 232323.