Housing Advice - Existing Private Tenancy

Problems Between Landlords & Tenants

The vast majority of landlords are responsible and fair. In the unlikely event of you experiencing trouble with your landlord, the Council may be able to help.

For more information you may use our online form, please click here.

What is a Private Rented Property?

I am a tenant and there are some problems with disrepair at my house. What can I do?

I have asked the landlord to do repairs and he hasn't done anything.  What can I do?

If you find problems with disrepair at my property, what will you do next?

My landlord still hasn't done my work.  What will you do next?

The expiry date of the repairs notice has past and still no work has been done.  What happens next?

My landlord says that he will do the work, but wants me to leave the property.  Do I need to leave?

My landlord is not complying with my tenancy agreement.  What should I do?

You've told me that you can't take any action with my landlord.  Why is that?

I am a private tenant and I want you to come and inspect my property.  How do I contact you?

I live close to a rented property and want to report a problem.  What can I do?

 

Harassment & Illegal Eviction

 

I have an Assured Shorthold Tenancy - what notice am I entitled to? 

I moved into my property before 15 January 1989 - does this make a difference? 

My landlord has changed the locks to my property - what should I do? 

What is meant by harassment? 

How can I stop the harassment? 

How do I contact the Council about Illegal Eviction and Harassment?

The Council's Powers Under the Protection from Eviction Act 1977

Harassment and illegal eviction as defined in the Protection from Eviction Act 1977, are criminal offences.

The Council has a power to prosecute persons who commit offences. The Council's Environmental Health Officers investigate complaints and mediate between the parties wherever possible. The Council will consider bringing a prosecution where the evidence is sufficient to indicate the likelihood of a successful prosecution and where it is in the public interest.

The Council's Powers under S.33 of the Local Government (Miscellaneous Provisions) Act 1976

The Council has a power under S.33 Local Government (Miscellaneous Provisions) Act 1976, to make arrangements to secure the restoration or continuance of gas, water or electricity supplies for the benefit of residents (usually tenants) where the supplies have been, or are likely to be, cut off because of failure by the owner of the property to pay for the services.

The Council will consider making such arrangements only as a last resort for emergency cases and then only when young children or elderly persons are affected. When invoking its powers the Council will only make arrangements with the suppliers which do not involve financial liability falling upon the Council. In every case the Council will co-operate closely with the suppliers and wherever possible enlist the suppliers' support and assistance.

For further information on the above or any other issues you may have with your private tenancy, please use the contact details above - we may be able to offer some advice and assistance.

FAQ

What is a Private Rented Property?

 

Some people in Stafford Borough live in private rented properties.  These are houses or flats where rent is paid to a landlord who may be a private individual, a rental company or a housing association.  They may be in multiple-occupation or occupied by a family or individuals. TOP

 

I am a tenant and there are some problems with disrepair at my house.  What can I do?

 

You may have a problem with electrical sockets that do not work, windows that do not open, or a ceiling that is collapsing. If you live in a multi-occupied property (HMO), there may be faulty fire-fighting equipment or the smoke detectors may not work properly. In the majority of cases, the landlord will be responsible for repairs and maintenance of the property.  You should ask the landlord, or their agent if there is one, to carry out the repairs. TOP

 

I have asked the landlord to do repairs and he hasn't done anything.  What can I do?

 

If your landlord has not responded or has failed to do the work within a reasonable time, an Officer from our Housing Team can investigate and contact the landlord. The Officer will need to visit and inspect the property and take some details of the tenancy. TOP

 

If you find problems with disrepair at my property, what will you do next?

 

The inspecting officer will contact your landlord and ask for confirmation of ownership of the property.

 

A schedule of repairs will be drawn up and this will be given to the landlord.  He will be asked for his comments and will be given 14 days to respond to the Council.  He may want to discuss the scope of works, or the amount of time in which we suggest he completes the work. If you live in an HMO and work is required connected to fire precautions, we will also consult with the fire service.

 

At this stage the landlord may do the repairs without any further involvement from the Council. TOP

 

My landlord still hasn't done my work.  What will you do next?

 

If no work has been done at this stage, the Council may serve a formal notice on the landlord.

 

This notice will include a schedule of works and a time period for completion of the work. TOP

 

The expiry date of the repairs notice has past and still no work has been done.  What happens next?

 

We will carry out progress visits to check on the work. If the work is not completed by the required time we will contact the landlord again and may consider:-

 

  • Giving extra time for the work to be done.
  • Taking a prosecution against the landlord in court for non-compliance with the notice.
  • Arranging for some or all of the work to be done in default.  This means that the Council will arrange a contractor and the landlord will be recharged for the cost of the work.

We consider each case separately and we will give you details at the time. TOP

 

My landlord says that he will do the work, but wants me to leave the property.  Do I need to leave?

 

Your landlord cannot force you to leave the property without following certain legal procedures.  If you think your landlord is being unreasonable, you may want to contact us for advice.  TOP

 

My landlord is not complying with my tenancy agreement.  What should I do?

 

Contact Environmental and Health Services Housing Team by telephone on 01785 619402 or by e-mail for advice. TOP

 

You've told me that you can't take any action with my landlord.  Why is that?

 

There may be occasions when a tenant has responsibility for repairs according to their tenancy agreement.  In that case we cannot take any action with your landlord.

 

In other cases, our inspection may not show any faults which would require us to take action. TOP

 

I am a private tenant and I want you to come and inspect my property.  How do I contact you?

 

If you want us to investigate your complaint of disrepair, please contact Environmental and Health Services Housing Team by telephone on 01785 619402 or by e-mail.       TOP

 

I live close to a rented property and want to report a problem.  What can I do?

 

You may live next door to a property where you feel there is a disrepair problem, such as leaking guttering or loose roof tiles that is affecting your home.

You may think that a property has recently become multi-occupied without fire precautions being carried out.

 

If you have any concerns like this, contact us and we will investigate.  If you give us your details we will let you know the results of our investigations and we will not pass your details onto anyone else. TOP

 

I have an Assured Shorthold Tenancy - what notice am I entitled to? 

 

If you have a fixed term contract, your landlord doesn't generally have an automatic right to possession of the property until the fixed term has ended. If he wants possession at the end of the fixed term, he must say so in writing. You must be given at least 8 weeks or two months notice of this depending whether you have a weekly tenancy or a monthly tenancy.

If you had a fixed term contract, but it has expired, you will have a statutory periodic tenancy. Your landlord must give two months notice in writing that he requires possession of the property if he wants you to leave.

There is no prescribed form for either type of notice, but they must both be in writing. If the tenancy is a periodic one, the date specified in the notice after which possession is required, must be the last day of a rental period.

After either notice has expired, if you have not agreed to leave the property voluntarily, your landlord can apply for a possession order from the county court in order to evict you. If the landlord is awarded a possession order, and you still do not leave the property, he can ask court bailiffs to enforce the possession order. TOP

 

I moved into my property before 15 January 1989 - does this make a difference? 

 

Yes. Most tenants who let a property as a separate dwelling (i.e. the tenant doesn't live in the same building as the landlord) before this date will have a Regulated tenancy. Regulated tenants have greater security of tenure than Assured Shorthold tenants. They, or their landlord, also have the right to ask the Rent Officer to set a fair rent. Landlords do not have an automatic right to evict Regulated tenants. If they want to end the tenancy they must first serve Notice to Quit, then ask the county court to award possession on a specified ground. TOP

 

My landlord has changed the locks to my property - what should I do? 

 

Unlawful eviction is both a civil and a criminal offence. If you are evicted unlawfully outside office hours you should contact the police. You will be able to speak to a duty officer who will try and assist you. If you are evicted unlawfully during working hours contact the Environmental Health Officer who will be able to advise you of your rights, and contact your landlord to advise him he is breaking the law. If you wish to be reinstated to the property, and the Environmental Health Officer is not able to persuade your landlord to let you back in, you will need to seek legal advice and obtain an injunction against your landlord. An injunction is a court order telling someone to do something, or not to do something. If the evidence is strong enough, the council will consider taking a criminal prosecution against your landlord. You may also be able to take civil action for damages against your landlord.

 

Remember in Landlord/Tenant disputes a landlord has to serve the following documents:-

  1. A legal written notice to quit
  2. A Court Order for possession and
  3. A bailiff's warrant (to be enforced by the County Court bailiff)

 

Until all three have been served, the tenant has an absolute right to stay in the property. It is a criminal offence to harass or unlawfully evict a residential occupier. If any party needs further advice, or you feel that an offence may have been committed, contact Stafford Borough Council on 01785 619402. TOP 

 

What is meant by harassment? 

 

Harassment is a very broad term and can include any acts likely to interfere with the peace or comfort of the residential occupier. A typical example is where a landlord interferes with the electricity or water supplies. TOP

 

How can I stop the harassment? 

 

If your electricity, gas or water supplies have been turned off, the council can serve legal notices on your landlord making him re-instate the disconnected service. Other types of harassment can be more difficult to prove. If the evidence is strong enough, the council will consider taking a criminal prosecution against the person harassing you. If the harassment involves threats of violence you should contact the police. As with unlawful eviction, an injunction can be an effective way of preventing harassment. TOP

 

How do I contact the Council about Illegal Eviction and Harassment?

 

Contact Environmental and Health Services Housing Team by telephone on 01785 619402 or by e-mail or for an online form please click here.

 

  TOP

Contact
Tel: 01785 619402
Fax: 01785 619319
Email: ehadmin@staffordbc.gov.uk