Money blog: Major banks cut mortgage rates ahead of BoE announcement tomorrow (2024)

By Emily Mee, news reporter

Some of the worst property conditions are seen in the private rental sector.

The Decent Homes Standard, the minimum standard set for decency and habitability, only applies to social housing - but it's thought if it were used in the private rental sector, about a quarter of properties would fail.

Damp and mould are some of the most common problems faced by tenants, and can present a serious health hazard - but it's tricky to know what to do about it.

Jenny Lamb, policy officer at Shelter, took us through what you can do (but a warning, she says taking action can be risky - read on to see what we mean)...

Find out who you're dealing with

First, you should know who handles the management of your property.

Some landlords deal with maintaining and looking after the property, while others will hand this over to the letting agent.

If your property is managed by a landlord

Jenny says your options are "pretty limited", but your first step is to approach your landlord and make them aware of the issue.

Effectively you're putting them on notice that there is a problem.

You'll need to give them a reasonable amount of time to respond - although Jenny says a "reasonable time" is not defined in law.

"You can make some rough guesstimates - it depends on how much is affected and the source of the damp," she says.

If the landlord doesn't respond at all, or if they refuse to do any work, the timeframe may be shorter before you can take further action.

The next step is to go through your local authority's environmental health team, who can come and investigate.

They'll usually want to see the property in person to do an inspection, and they'll then assess how severe the hazard is - for example, whether it presents a threat to health and safety.

Jenny explains they could then choose to serve one of two notices to the landlord.

One is a more severe enforceable improvement notice, which means the landlord could be fined or face enforcement action if they don't fix the issue. In this case, the tenant is protected from eviction for six months.

The other option is a notice to the landlord that there's a problem with the property and advice that they should fix it.

However, Jenny warns this doesn't provide protection for the tenant - and they're therefore at risk of a "revenge eviction" (more on that later).

If your property is managed by a letting agent

In this case, Jenny says you should find out what the letting agent's internal process is for complaints.

If, and only if, you've exhausted this process, you should find out which of the redress schemes the letting agent is part of.

Letting agents are legally obligated to be part of one of two redress schemes - the Property Ombudsman or the Property Redress Scheme.

These organisations can help mediate and may be able to get the tenant an apology, work done in the property or even compensation in some cases.

That's how it should work - but is it too risky for tenants?

While these options can be successful in some cases, the threat of "revenge evictions" means tenants may fear making a fuss.

Currently, landlords are able to evict tenants without giving a reason - also known as a no-fault eviction, or a Section 21 notice.

Tenants must be given two months' notice, and this can only happen during a rolling periodic tenancy or during a fixed-term contract if there is a break clause.

In some cases, landlords have been known to issue "revenge evictions" - where a tenant is evicted after complaining about an issue with the property.

Research by Shelter shows tenants who complain about their properties are 2.5 times more likely to be served a Section 21 notice than those who don't.

"I'd go so far as to say there can be no genuine redress for tenants, especially for conditions of damp and disrepair, while Section 21 exists because that threat hanging over your head of a no-fault eviction is too risky," says Jenny.

She says engaging a local authority can leave renters "vulnerable" to a revenge eviction - especially in a market where demand is so high that "there's probably a long line of people who are desperate for housing so would put up and shut up".

The new Labour government has committed to reintroducing a ban on Section 21 notices that was shelved by the last government.

Should you withhold rent or try to fix the issue yourself?

If you're not getting anywhere, you might be tempted to withhold rent as a solution - but Jenny says this "isn't a way to negotiate".

"You have an obligation to pay your rent regardless of what kind of service you're receiving," she says.

"I would want to warn tenants, however tempting it might be, however unfair it might feel, do continue to pay your rent because you'll just make the situation worse otherwise."

Some tenants might try undertaking work themselves and then charging their landlord for it, but Jenny says you'll need to go through a "proper process" for this.

The landlord must accept the tenant is going to do the work, and the tenant will then need to provide quotes and keep track of costs.

However, Jenny warns it's "not set in stone" the tenants will get their money back in this situation.

Money blog: Major banks cut mortgage rates ahead of BoE announcement tomorrow (2024)
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