Renters Rights by Up Our Street

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Contents Page 2 Meet the team Page 3 Welcome from Up Our Street Page 4 Housing: the Big Picture Page 6 What’s in your tenancy agreement? Page 7 Your questions answered Page 8 What does a good landlord look like? Page 10 What’s the deal with deposits? Page 11 Where do I go for help? Page 12 ACORN, campaigning for tenant’s rights Page 13 Creative housing solutions Page 14 Using technology to tackle rogue landlords Page 15 Eviction: what’s the score?

Meet the team

Up Our Street would like to thank our editorial team for helping to put together this special Renter’s Rights magazine. Jayne Whittlestone United Communities Housing Association Jayne joined the United Communities team in October 2013 after 25 years in social housing. Her current role supports residents and helps them to take an active role in both their community and the Association. Nick Ballard ACORN Born and bred in Bristol, Nick is the joint founder and Southwest Regional Organiser of ACORN UK, the tenants' union and anti-poverty organising group.

Ahmed Muqeem Citizens Advice Bristol Ahmed works as a Housing Caseworker at Citizens Advice. The aim of his role is to prevent homelessness and he works one-toone giving confidential and independent advice. Councillor Paul Smith Bristol City Council Paul has lived in Bristol all his life and was elected as a Labour councillor for Central ward in 2016. He is Cabinet Member for Housing and chairs the Bristol Homes Board.

Disclaimer: The information in this magazine is for general guidance on your rights and responsibilities and is not legal advice. If you need more details on your rights or legal advice about what action to take, please contact an adviser or solicitor. Up Our Street will not accept liability for any loss, damage or inconvenience arising as a consequence of any use of or the inability to use any information in this publication.

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Welcome to

Renters Rights A special edition all about private rented housing Up Our Street is your community organisation for Easton and Lawrence Hill, working to support residents making positive change happen in their communities.

and clear, was that housing was top of the list of concerns. In Easton ward 35% of people are living in private rented accommodation. While we have been collecting material for this magazine we have heard many stories of rising rents, homes in a damp and dilapidated state, and landlords not fulfilling their responsibilities.

Over 500 residents took part in our Wellbeing Survey earlier this year, which covered a whole We have filled this magazine with useful range of topics about what it’s like to live in this information for tenants. We want you to know neighbourhood. One message that came out loud your rights and be confident to use them. And to know that you are not alone. We have met “55 percent of residents dedicated advisers at Citizens Advice and campaigners from ACORN, all working together think housing is the priority to get a better deal for tenants, and we hope you issue for this area” find this magazine useful.

Thank you to our Funder The Foundation is funded mainly by donations This Renter’s Rights edition is funded by the TDS Charitable Foundation. The Foundation works to advance education about housing rights and obligations in general, and in particular about: · · ·

Best practice in the management of private rented housing Legal rights and obligations of those involved in the provision or management of private rented housing Using alternative dispute resolution for more efficient and effective resolution of disputes between landlords and tenants.

from The Dispute Service, the leading Tenancy Deposit Scheme www.tenancydepositscheme.com, which operates on a non-profit basis across the UK. The Foundation operates in England, Wales and Northern Ireland. In Scotland, The Dispute Service is a partner in the SafeDeposits Scotland Trust which works towards similar goals in the Scottish private rented sector. Find out more about the Foundation and their work at www.tdsfoundation.org.uk

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Housing in Bristol: the big Picture We talked to Councillor Paul Smith, cabinet member for Housing at Bristol City Council

What powers does the council have to raise standards in the private rented sector?

courts. It will give us a bit more power to deal with those bad landlords. And the good landlords want us to take on the bad landlords. Because those bad landlords undermine them and the work that “We have the landlord licencing scheme – this has they do.” been trialled in Stapleton Road and has seen 200 300 properties improved. We have prosecuted What about empty properties? landlords for not being licenced. But we’re finding “We know that empty properties are an issue in that 9 times out of 10 landlords make Easton and we are taking enforcement action improvements before it gets that far, as they know against owners of empty properties. We are we have the threat of enforcement. We are looking finding that where we’ve started threatening at extending the licencing area to the whole of compulsory purchase orders, people are starting Easton and Lawrence Hill, but we need to provide works to bring properties into use. Properties are evidence for this. One or two landlord empty for all sorts of reasons, sometimes it’s organisations have threatened to legally challenge ‘accidental’ landlords who have inherited the council so we need to ensure that we follow properties but haven’t necessarily got the funds to due process. Where we have a licencing area we bring them back into use. Some owners have will inspect every single licenced property.” physical or mental health problems. We’ve found

What is the council doing to tackle bad landlords?

“We’re launching a Criminal Landlord programme, looking at where landlords are breaking all sorts of laws, engaging in criminal activities such as prostitution and drug dealing, as well as being responsible for poor quality homes. We’re also introducing a new scheme for fining bad landlords, where we can fine landlords for more things, we can fine them to a higher level, and act more quickly, without going through the 4

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quite are few family disputes about who owns the property, where a relative may have died without a will.”

What are the council’s plans to build more affordable homes?

“We have a target to be building 800 affordable housing units by 2020. We have set up a grant fund of £57m for housing associations to provide affordable housing over and above what the planning system will deliver. Our main challenge is land availability. It’s more difficult in the inner city


Just what does affordable mean? There has been a lot of talk by politicians about affordable housing, but what does that mean? There are three definitions of affordable housing: Social rented housing – rents are set using a formula which takes into account average Bristol earnings, number of bedrooms and value of property. Can be council, housing association or community housing. Currently around £500* per month. “Affordable” rent – introduced by the coalition government. This covers housing associations and is set at 80% of market rent. Campaigners argue that this isn’t a truly affordable rent due to the housing benefit cap. Based on average Bristol rent** this could be around £800 per month. Local Housing Allowance – rate set by national government for housing benefit. Currently £658* per month. *figures based on two bedroom property **Average rent £1,017 for two bedroom house in Bristol, according to home.co.uk Property Search Engine (25 October 2017)

because the council has less land available to develop. We need more affordable housing but the area is so densely developed already. And we don’t want to take away valuable green space that makes those areas liveable. There are more opportunities in Lawrence Hill with potential sites around existing tower blocks. But we are also looking radically at land. One of the biggest areas of land is Lawrence Hill roundabout. If we changed where the road ran, could we open up land for new housing development? It might be that is too expensive to do, but it might also be that the land we can unlock could fund the rerouting of the road to create the new housing. We also own sites close to M32, which are currently industrial use, which may lend themselves to housing. But what we don’t want to do is move all the jobs away from the area. Our challenge as a city is not just about housing, it’s also about skills and jobs, making sure that people can get easily to where the work is. So there needs to be the right balance struck between the location of jobs and the location of housing.”

What are the rules for property developers? National government has set rules about when a property developer has to provide affordable housing within their scheme. It looks at the costs of buying the land, developing the property, and allows the developer 20% profit on top. If an existing building is being renovated, the affordable housing assessment only applies to any additional floor space created. And there’s no requirement to provide affordable housing in student accommodation. Affordable housing rules don’t apply for houses for sale. The exception is shared ownership property, which would also have set rent limit. Bristol City Council policy is for 30% affordable units in new developments, 40% in areas of highest need such as Easton and Lawrence Hill. They are currently achieving between 11% to 16% through the planning system.

Do you believe the local authority has enough power to tackle bad landlords?

“No, I don’t think we have. We’re only allowed, for example, to licence 20% of the city, whereas we would prefer to have a licence operating across the whole of the city. We would like to have the power across the whole of the city and also to deal with properties in a poor state, not just those in licenced area.”

And finally?

“We really do want to work with communities to solve the housing problems within the city. We also want to ensure that there is housing affordable for people on every income level. We are working with other local authorities to lobby national government for changes in the law, and some of the changes we want to see are more powers for us to licence and regulate the private rented sector, including the power to regulate rents, which at the moment doesn’t exist. We would also want greater powers to compulsory purchase vacant pieces of land and buildings”. Renter’s Rights

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What’s in your tenancy agreement? Your tenancy agreement is a key document when you are renting a property. It sets out what is expected from you and your landlord Based on information from www.shelter.org.uk (October 2017)

If you pay rent to a private landlord, you have either a tenancy or a licence. These agreements can be written or verbal.

Tenancy types Different types of tenancy give you very different rights:  most people who rent from a private landlord have an assured shorthold tenancy  some have an assured tenancy or a regulated tenancy these tenancies have stronger tenants' rights  if you share accommodation with your landlord, you're probably a lodger

Written rental agreements Your written agreement sets out the rights and responsibilities of you and your landlord. Read the agreement carefully before you sign it. Ask the landlord to explain anything you're not sure of. Certain rights and obligations apply regardless of what the agreement says, for example: a landlord's responsibility for repairs. Check whether your agreement includes information such as:  the name of the tenant(s)  the address of the property (or room) you are renting  the name and address of the landlord and the letting agent if there is one  how much the rent is, when it is due and how it should be paid  if the rent includes bills such as council tax, water rates or other charges  how long the agreement is for  when the landlord can increase your rent  rules on ending your tenancy, and giving notice to leave. The agreement may also say who to contact about repairs, the rules on lodgers, subletting and passing on your tenancy. The agreement may have rules about pets, guests or smoking. Your agreement should say whether you have to pay a deposit, what it covers and what circumstances mean you don't get your deposit back.

Some rules apply to everyone renting a home. These rules don't have to be written down. Most landlords give their tenants a written agreement. If you don't have a written agreement, you still have legal rights. If the landlord accepts rent from you for living in the property, any verbal agreement you have counts as a legal agreement. Ask your landlord to put your agreement in writing. Having a written agreement helps make sure that both you and your landlord understand your rights and responsibilities. Verbal agreements can be more difficult to enforce if there is any dispute. 6

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Your Questions We put some of your questions to Ahmed at Citizens Advice “The

house is in a really bad state and our landlord never wants to get things fixed. Finally the boiler broke and when we asked the landlord to get it repaired, he threatened to change the locks.”

If the property is as bad as you say it is, and you live in Bristol, the council’s Environmental Health team may be willing to visit the property to assess any serious hazards and ask your landlord to carry out repairs. Contact the Private Housing Team on 0117 352 5010 or private.housing@bristol.gov.uk Be aware that some landlords have been known to carry out retaliatory evictions – see here: www.england.shelter.org.uk/housing_advice/repairs/ revenge_eviction_if_you_ask_for_repairs.

It depends on what the guarantee agreement says and/or what is agreed verbally. Although it’s understandable that you want to help your friend, you should be very cautious about entering into an agreement like this, particularly for large sums of money and where your own situation may become precarious. You may find our advice here useful: www.citizensadvice.org.uk/housing/renting-a-home/ student-housing/students-in-private-rentedaccommodation/student-housing-using-aguarantor/ “I’m really worried, we are coming to the end of our tenancy agreement and our landlord wants to add an extra £200 a month onto the rent. We really can’t afford this but want to stay in the area as our son has just started school. Is there anything we can do?”

“Just how binding is being a guarantor? A friend who is struggling to find one has asked me to help out. I fit his criteria but as I'm paying rent myself I'd struggle if I was called on. Is it daft of me to accept as a favour even though it’s probably just a formality?”

This is difficult without knowing the full circumstances including if your landlord is using a letting agent and why exactly the landlord is asking for the rent increase. Generally, negotiation directly with the landlord is usually the best route to agreeing affordable rent increases. If their mortgage repayments have increased or the agent managing the property has increased its fees, the rent increase could be harder to avoid. If the landlord has simply put the rent up without explanation, you may be able to agree something less than £200. For example, you could agree an increase of £125 but spaced over several months. Ultimately, if the landlord is price driven and refusing to negotiate, we advise to start looking for other affordable accommodation. In the meantime, you are not legally obliged to pay the new rent or sign a new fixed term tenancy unless you agree with it.

Find out more about where to get advice and support on page 11. Renter’s Rights

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What Makes a good landlord... There are certain basic rules that your landlord must follow. Under the law your landlord must: Based on information from www.shelter.org.uk (October 2017)

Do Right to Rent checks Before you can rent a home in England, a private landlord or letting agent must check your immigration status and the status of any adult who is living with you. It's a criminal offence if they don't do right to rent immigration checks.

Provide information at the start of your tenancy The landlord must give you:  an Energy Performance Certificate for your home  a gas safety certificate (if your home has gas appliances)  a copy of the latest government guide: How to rent - if you have an assured shorthold tenancy that started or was renewed on or after 1 October 2015 It is harder for a landlord to evict an assured shorthold tenant if the information required isn't provided at the start of the tenancy.

Protect your tenancy deposit If you're an assured shorthold tenant your landlord must protect your tenancy deposit with a UK government-approved scheme. Lodgers' deposits don't have to be protected. Tenants and lodgers' deposits should be returned after you leave if you've paid all the rent and caused no damage. Find out more about deposits on page 10.

Keep to health and safety rules Landlords must:  have a gas safety check done every 12 months by a Gas Safe registered engineer  make sure any furniture they provide meets safety standards  ensure electrical equipment they provide meets safety standards Your landlord must install a smoke alarm on each floor of your home and carbon monoxide detectors in any room with a coal fire or wood- burning stove. This doesn’t apply if you have a resident landlord.

Carry out repairs Landlords are responsible for repairs to the outside and structure of a property including problems with the roof, chimneys, walls, guttering and drains. Landlords must make sure the equipment for supplying water, gas and electricity is kept in safe working order. If your landlord needs access to the property to inspect it and do repairs, they should give reasonable notice and arrange a suitable time to visit (unless there's an emergency). Your tenancy agreement may say how much notice they should give.

Follow rules on rent and rent increases Your landlord must tell you when and how your rent should be paid. If you pay your rent weekly, your landlord must provide a rent book. Landlords must follow rules on rent increases that vary according to the type of tenancy you have, so check your agreement. 8

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Allow you to enjoy your home Landlords must let you live in your home without unnecessary interference. Your landlord should not let themselves into your home without your permission. Your landlord (or anyone employed by them) should not harass you in your home or make it difficult for you to stay there.

Follow evictions rules Your landlord needs to give you notice in writing and get a court order before court bailiffs can be used evict to you from an assured shorthold tenancy - the most common private tenancy type. A court order isn't needed for the eviction of lodgers. It is illegal for a to landlord to try to force you to leave without following the correct procedure. This is a criminal offence.

But as a private rented tenant, you have responsibilities too...

As a a tenant tenant you you must: must: As Provide documents for a right Take responsibility for to rent check behaviour Pay your rent on time Look after your home

 report any repairs needed to your landlord  make sure your home is well ventilated (to help avoid condensation and damp)  do minor maintenance, such as check smoke alarms are working, change light bulbs.  dispose of your rubbish properly

Ask for permission when it's needed

Check what your tenancy agreement says about when you need your landlord's permission. Always put requests to your landlord in writing and keep a copy. Keep copies of any reply.

Allow your landlord access

You must give your landlord access to the property if repairs are needed. Your landlord must give you reasonable notice.

If you are the tenant, you will be held responsible for the antisocial behaviour of anyone who lives with you or visits you.

Keep to the rules of your tenancy

You could be evicted for breach of contract if you break tenancy conditions that say you must not: run a business from the property, engage in antisocial behaviour, or keep cats or dogs.

Live in your home You could lose your tenancy if: it is no longer your main home, you rent out your home to someone else while you are away, or you don't pay the rent.

End your tenancy properly

You must end your tenancy properly if you want to move out. If you don't end, you will still be liable for rent. This applies even if you are no longer living there.

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What’s the the deal Deposits—what’s deal? with deposits?

A tenancy deposit is money you pay to a landlord in case you leave without paying your rent in full or damage something. What are your rights? Based on information from www.shelter.org.uk (October 2017)

By law, landlords must protect deposits on assured shorthold tenancies in a government approved scheme.

There are three schemes which protect tenancy deposits, they all work to the same rules: The Dispute Service (TDS) Deposit Protection Service (DPS) mydeposits

When you move out, your tenancy deposit should usually be refunded within ten days if you are an assured shorthold tenant. Most private renters have this type of tenancy. If you are a lodger, your deposit should be returned within a reasonable amount of time. Landlords don't have to protect your deposit if you are a lodger or a student in halls.

Before you move in: Make sure you check the inventory – does it match what is actually there? Take photos showing condition of the property when you move in. Otherwise dirt and damage that’s already there at the start of your tenancy could be blamed on you when you move out. Check your tenancy agreement before you sign it. Is there anything in there about how you need to leave the property when you move out? Are you responsible for the garden for example? Do you have to have professional cleaners?

 

What then? 

When you move out: Leave the property clean and tidy – this is the biggest cause of deposit disputes. Check the inventory again, is everything still there? Don’t leave anything behind. You may be charged if your landlord has to remove furniture or other belongings. Write to your landlord to ask for your deposit back.

  

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www.tenancydepositscheme.com www.depositprotection.com www.mydeposits.co.uk

Your landlord should write to you to explain any deductions they've made from your deposit. You can write to ask for an explanation if they don't. Your landlord is entitled to make ‘reasonable’ deductions from your deposit if you failed to pay your rent, caused damage to the property, or didn't leave the place clean. If you think your landlord is being unreasonable, you have the right to dispute the claim. The first step is to talk to your landlord or their agent, but if you still can’t come to an agreement you will need to contact your tenant deposit protection scheme. Remember that the law is on your side. Your landlord needs to show why they are entitled to claim money from the deposit. Don't worry if your landlord or letting agent hasn't protected your deposit when they should have. You'll still be able to claim back the money you're owed and you might be able to get compensation from your landlord.


Where do I go for help? When you’re looking for help, it can be overwhelming. Where can you get the support you need? Citizens Advice Bristol 03444 111 444

www.bristolcab.org.uk

An independent local charity with 40 years experience advising people on a whole range of subjects, including benefits, debt, and immigration, as well as housing. The service is free and for everyone. They run a drop-in at 48 Fairfax St, Bristol BS1 3BL from Monday to Friday, 9.30am to 1pm. It is advisable to arrive within the first hour of the drop-in as it is first come first served.

Shelter 0808 800 4444

www.shelter.org.uk

A national charity, Shelter helps millions of people every year struggling with bad housing or homelessness through their advice, support and legal services. There is lots of really useful advice on their website, including sample letters to send to your landlord. They run a telephone helpline which is open every day of the year from 8am to 8pm on weekdays and 9am to 5pm on weekends.

ACORN Bristol www.acorntheunion.org.uk A tenant’s union, a community organisation and support network. If you are on Facebook, search for ‘acorn tenant support group’ and join their online community and become part of the support hub organising tenants for decent, affordable and secure housing. Read more on page 12.

St Pauls Advice Centre 0117 955 2981

www.stpaulsadvice.org.uk

A local charity. Free, confidential advice for the people of St Pauls and East Bristol. They can provide basic advice and information on a range of housing issues.

Bristol City Council If your home is in poor condition and your landlord is delaying repairs, you can contact the Private Housing Team on 0117 352 5010 or private.housing@bristol.gov.uk. Be aware that it can take six weeks to respond to non-urgent cases. You can also contact your local Councillor: Easton

Ruth Pickersgill cllr.ruth.pickersgill@bristol.gov.uk 07584 480583

Afzal Shah cllr.afzal.shah@bristol.gov.uk 07775 026384

Lawrence Hill

Marg Hickman cllr.marg.hickman@bristol.gov.uk 0117 353 2216

Hibaq Jama cllr.hibaq.jama@bristol.gov.uk 0778 6732945 Renter’s Rights

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Collective Action Working together... In the last three years ACORN have established themselves as a force to be reckoned with, supporting tenants to tackle bad landlords and campaigning for tenant’s rights ACORN are a tenant’s union, a membership organisation that works in the same way as a trade union. Nick Ballard is the co-founder of ACORN UK and now works for them as South West regional organiser. Could you give a few examples of recent successful action by ACORN? “Apart from our campaigns for affordable housing we’ve become known for defending tenants against abuse and exploitation by uncaring landlords. Deposits being stolen, repairs not made and evictions (especially for asking for repairs) are things we deal with on a regular basis. We recently supported a family to get a badly-leaking roof repaired, water was running into electrical fixtures. Another couple had no electricity or working boiler for weeks, and we helped to get that sorted out. As the weather gets worse at this time of year we see increasing numbers of people coming to us with these sorts of problems. Unfortunately, many landlords would rather evict a tenant than make the repairs needed to provide a decent standard of living and so we also need to be ready to mobilise members to stop this happening as well.”

to scrap the proposals immediately, without taking it to a vote at Full Council.”

(Editors note: as we went to print, Mayor Marvin Rees announced that the council would keep the Council Tax Reduction scheme, at least for the next year.) What motivates/drives you personally?

“A hatred of injustice and inequality. I want to see more democracy at all levels of society – in politics, at work, in housing, everywhere. Until ordinary people have a meaningful say and control over the running of the country and economy then we will continue to suffer the effects of a system that prioritises the profits of a few companies and individuals over the rights and What are ACORN’s current needs of everyone else. If we unite people into campaigns? unions and other organisations we can build the people power needed to turn things around and “We’re trying to stop the Council’s proposal to scrap the current system of Council Tax Reduction build a society based on solidarity, democracy and mutual aid.” and introduce a minimum payment. At the moment the scheme provides a 100% exemption How can people get involved with for 16,000 households who are on too low an income to pay. Proposals to change this could see ACORN? people being charged up to 25% of their bill. “ACORN is a union, a membership organisation. ACORN believes this will push people who are So the best way to get involved is to join us! already struggling even further into debt and People can sign up online at poverty and will mean they are forced to choose www.acorntheunion.org.uk or they can contact us between paying this tax or paying rent, utilities or at bristol@acorncommunities.org.uk if they’d like putting food on the table. We’ve been door to meet up with someone to talk in more detail knocking and holding meetings in the most about what we do. We also hold regular public affected areas, running an offline and online meetings and demonstrations in support of petition and arranging meetings with local particular campaigns. The best place to keep up Councillors. Above all, we’re calling on the Mayor to date with us is on Facebook (ACORN Bristol).” 12

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Another way... Are there creative ways to tackle the shortage of affordable homes?

Bristol Community Land Trust (BCLT)

Bristol Community Land Trust’s first community-led development of 12 homes on Fishponds Road, is now fully occupied, demonstrating what can be achieved when people come together to build homes and communities for themselves. Built on land acquired from Bristol City Council, the homes are a mix of shared ownership and affordable rent. Members of BCLT were involved at every stage of the project from design to finishing. Residents were also able to self-finish their homes, sharing the work to complete kitchens, bathrooms, flooring and more. Tenants benefit from five-year, fixed-term contracts, giving them longterm security. Rents are charged at roughly 80% of the assessed market rate for that property. Although this first development is just 12 units, Bristol Community Land Trust has just secured planning permission for 49 homes on a site in Lockleaze. They are also in talks with Bristol City Council about projects in other areas of the city. Find out more at www.bristolclt.org.uk.

Bristol Tiny House Community The tiny house movement is an architectural and social movement of people choosing to live simply in small homes. The average UK house size is already one of the smallest in Europe, with an average floor area of 76sqm. In comparison, tiny houses are usually defined as having a floor area of less than 37sqm. Tiny homes are often built to be mobile, although they can also be permanent structures. The Bristol Tiny House Community is a cooperative and has an ambitious goal to build a variety of tiny, small and micro houses on 28 plots in the city to establish a new community. These will be a mixture of self-build and off-the-shelf homes. It’s early days for the Bristol group, but you can find out more on Facebook by searching ‘Bristol Tiny House Community’.

Help Bristol’s Homeless Jasper Thompson, is a restaurant-owner in Bedminster and founder of Help Bristol's Homeless. He came up with the idea of converting shipping containers into homes after talking to a homeless person and seeing the ever increasing number of homeless people in Bristol. The project began in January 2017. A container costs between £5,000 to £10,000 to convert. Find out more at www.helpbristolshomeless.co.uk

Also check out:

We Can Make… Homes, a new housing initiative that supports communities to create the homes they want and need. Since November 2016 Knowle West Media Centre and White Design have brought together Knowle West residents, artists, academics, designers, architects and policy makers to try out new ideas for sustainable, affordable housing. Find out more at www.kwmc.org.uk/projects/wecanmake Renter’s Rights

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Knowledge is power... Can technology help us to tackle bad landlords? We met Ben Yarrow, founder and CEO of Marks Out of Tenancy, who is trying to do just that... Where did the concept for Marks Out of Tenancy come from?

Why do you think this hasn’t been tried before?

It’s pretty boring but straightforward, I had a substandard experience with a landlord and I couldn't find anywhere online that was good enough for me to share the experience. I wanted a platform that was useful for the tenants, useful for the next people reading the review and also useful for the landlord so that he/she could make improvements on the level of service that they give to tenants. I kind of expected there to be a website already but there wasn't, so I created it.

There have been a few sites but they tend to fall by the wayside because they haven't worked in a collaborative action, and that’s where we're different. We work with tenants, organisations such as ACORN and student unions. We also work with landlord associations and letting agents to help them improve the services that they give. So we’re not bashing landlords, we are a review platform trying to encourage good landlords and letting agents to promote themselves… and not to rip tenants off.

What has been the response so far? It’s been really good so far. Tenants love the idea and using it. We have a few hundred reviews on the site now. We have heard stories from people who have decided not to rent from landlords after reading our reviews. We're now having a proven social impact on people's lives which is positive. Other users of the website include landlords and letting agents. With our key aim of making renting better for everyone involved, we involve landlords and tenants and letting agents together. The good ones want to polarise themselves away from the poorer performing ‘rogue’ landlords.

What’s your key message? Leave a review! We can make renting better if we can learn from people's experiences. It's fine to rant about your landlord or rented property in the pub or on Facebook but it gets swallowed up and lost. It makes you feel better but it doesn't help everyone else. Leave a review on Marks Out Of Tenancy and it will have an effect and could change someone's life.

www.marksoutoftenancy.com

We have had a few interesting interactions with letting agents. Some have tried to fool the system with fake reviews but they are picked up quite quickly. Others are using the platform to get reviews to show how good they are.

Letting Agency Fees: how Much? The Prime Minister announced in June 2017 that the government was planning to ban letting agency fees paid by tenants. But this has not yet been made into law, and tenant fees look likely to stay until at least 2018. We asked our researcher to do a bit of mystery shopping and find out what different local agencies are charging…. 12

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Hunters Estate Agents St Marks Road

£360 for two applicants and £120 per additional application. Additional £48 per applicant in need of a guarantor.


Eviction: The Facts

3 steps to eviction that your landlord must follow

1. Notice

1. Written notice to leave your home, usually a ‘Section 21’ that gives you two months

2. Court

2. Your landlord must take you to court and get an order for you to leave

3. Bailiffs

3. Only a bailiff can evict you. They must have a valid warrant from the court

We talked to Ahmed at Citizen’s Advice about tenant’s rights in the eviction process... “If you’ve received an eviction notice, there is a set legal process that your landlord must follow. It can feel like the end of the world, but remember that it is notice to leave, so use that time to negotiate. Ask for help from one of the support agencies, who can help you get legal advice.

“My main message would be: don’t panic!” If the landlord has followed the correct process, expect bailiff stage in three to six months. If you have a defence to any of the stages or may be vulnerable it can be more than six months. Remember that it is against the law for your landlord to try to evict you themselves or harass you.” There are two main ways a landlord can start the eviction process. Either using a section 21 notice,

Morgan and Sons Stapleton Road

£250 Parks Estate Agents Church Road

£350 + VAT for two people and £100 per additional applicant.

for eviction after a fixed term has ended. Or a section 8 notice, which landlords may use at any point in the tenancy if you have rent arrears or have broken the terms of your tenancy agreement (for example if you have caused damage.) If you don't leave Your landlord has to apply to the court for a possession order if you don't leave by the date set out in the notice. The court decides if you should be evicted. A court won't order you to leave if the notice isn't valid. For Section 21, there isn't always a hearing. The court can use the accelerated possession procedure to make a decision without a hearing. This speeds up the eviction process when tenants don't send a defence form to the court. If the court decides you should leave, your landlord can apply to the court for bailiffs to evict you.

Holbrook Moran Church Road

£400 non-refundable holding fee then 2 months rent.

House and Co Church Road

£325 (inc VAT) for two people, £100 (inc VAT) for each additional applicant

Haart Lettings

£480 for two people , single for £350 Andrews Lettings

£350 for first person and then £150 per additional tenant. Guarantor an extra £150 per applicant Renter’s Rights

15


Stay in touch... Up Our Street Beacon Centre City Academy Russell Town Avenue Bristol BS5 7NU Charity number 1081691. Company number 04023294

0117 954 2834 www.upourstreet.org.uk

contact@upourstreet.org.uk


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