Housing Myths
At school or college we are taught very little about what the law actually says or how it works. Instead as we go through our lives we acquire little titbits of legal knowledge from experience, and more from what are perhaps not the most reliable of sources - be it soap operas, news stories, or the bloke down the pub with an air of authority. It is not surprising then that most of us pick up a few myths and mistakes along the way. Working with staff at front-line advice agencies across England and Wales we have discovered some of the country's most popular housing myths and misconceptions. Here we take a look at the fictions and the facts behind them.
- "If my landlord doesn't do the repairs, I can withhold the rent money."
Your landlord does have responsibility for most major repairs, but smaller ones may be your responsibility - check your tenancy agreement. Even if they are up to your landlord to sort out, you should not simply withhold your rent. If you do this you are breaching the tenancy agreement and you could find yourself on the wrong end of possession proceedings. There are things you can do to force your landlord into action - but it's best to get advice first.
- "The council can't evict me. I'm a single parent with young children"
Regardless of your personal circumstances, you can be evicted if your tenancy agreement has either ended or been broken (for example, if you fell behind with the rent). The council will need to follow the proper eviction procedures and get a court order for possession of the property like any other landlord. However, you can ask the court to delay making an order or not to make an order at all. They may agree to this if you can show that you are making a reasonable effort (for example, to pay off your rent arrears or stop any other action that has breached the tenancy agreement). If your landlord has asked you to leave or threatened you with eviction you should get advice immediately.
- "If you are ill, have children, or are old, the council has to house you"
You are not entitled to help simply because of ill-health, old age or having children BUT these circumstances (along with being very young, having recently left care and various other circumstances) do help you to meet the requirement of being 'in priority need' if you are homeless. You also have to be able to prove a local connection and that you have not made yourself homeless 'intentionally' (for example, if you are homeless because you failed to pay your rent) in order for the council to have a duty to house you more than just very temporarily. Be aware that (depending on what is available) the accommodation the council finds for you may be just a room in a temporary hostel or B & B until you can be found longer term accommodation.
- "I had to give my landlord a key to my room"
You do not have to give a key to your room to your landlord (although you may agree to this out of convenience). Your landlord is entitled to come in to your room if s/he has good reason, for example if they need to carry out repairs, but they should give you reasonable written notice (except in a real emergency). Your tenancy agreement may spell out how much notice you should be given, if it doesn't, take 24 hours as a guide.
- "I got home to find that the landlord had changed the lock and put my belongings in plastic bags outside my door. There's nothing I can do."
This is an illegal eviction - even if you are behind on the rent or have broken the tenancy agreement your landlord is still not entitled to evict you without following the correct procedure and if they do so they are committing a serious civil and criminal offence. If you share the same accommodation as your landlord you must be given reasonable notice before you can be evicted. All other tenants can only be evicted by court bailiffs and only then if the correct procedure has been followed. If this situation happens to you, you need to get advice quickly. You should also contact the police and the staff at the council who deal with private tenancies - usually called tenancy relations officers. If your belongings are damaged or stolen as a result of being dumped outside you may also be able to get compensation.
- "If your landlord wants to sell the house that you rent they have to offer it to you at a substantial discount first."
This is not true. However, unless your tenancy has run out you cannot be evicted in order for the house to be sold. Instead it must be sold with 'sitting tenants' and the terms of your tenancy agreement are simply transferred to your new landlord. There is no 'substantial discount', but a house sold with sitting tenants may not receive as high a price as one without. The only people who have the right to be offered the house first (although not at a discounted price) are those who have a Regulated Tenancy dating from before 15 January 1989.
If you are experiencing any housing problems you need to get advice as soon as possible to find out what your rights really are. You can get advice on housing issues from your local housing advice agency or Citizens Advice Bureau (use our post code locator on this page to find your nearest service) or you can contact Shelterline free on 0808 800 4444 (24 hours a day).
