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HOUSING

HOUSING OPTIONS GUIDE - CHAPTER 3

PRIVATE RENTED HOUSING

Introduction

In East Ayrshire there are opportunities to rent accommodation from private landlords and agencies.

Most private landlords only have one or two properties to rent and use a variety of methods to advertise when they have an empty property. There is no single place that potential tenants can access this information, but often have to use a variety of methods.

The private rented sector only accounts for around 3% of the total housing stock in East Ayrshire which is roughly equivalent to about 1,688 properties (East Ayrshire by numbers, 2003). Little is know about where these properties are, what size they are and how to access them.

Further information on private renting can be found on our website at www.east-ayrshire.gov.uk or by contacting the Private Sector Liaison Officer, Louise Collatin on 01563 578180

3.0 Location and Stock Type

The limited information available on the stock suggests that the majority of private rented accommodation is situated in Kilmarnock and Cumnock with very little in the surrounding villages.

As a rough guide, properties that are available in town centres tend to be flats, usually 2 or 3 bedrooms. Properties in more rural locations tend to be of cottage type accommodation, with more bedrooms.

Properties can be rented furnished or un-furnished, and this can affect the rent that is charged. When taking up a furnished property, tenants should make sure that an accurate inventory is used to record furniture provided and the Landlord provides them with a written tenancy agreement and evidence of up to date gas and electricity safety certificates.

3.1 Rent Charges in the Private Sector

The cost of private renting varies between individual properties and also depends on the landlord. There is no restriction on the rent a landlord negotiates at the beginning of a tenancy, but it should be fair and reasonable.

As a rough guide, you might expect to pay:

£70 - £80 per week for a 1 bedroom furnished flat in Kilmarnock Town Centre
£70 - £100 per week for a 2/3 bedroom house in Kilmarnock
£65 - £75 per week for a 1 bedroom furnished flat in Cumnock
£80 - £90 per week for a 2/3 bedroom house in Cumnock

The rent charge for individual flats and houses varies greatly between properties. Prices can vary depending on whether the property is furnished or not.

3.2 Deposits

You will normally be required to pay a deposit as well as your first months rent in advance. The deposit is money paid to the landlord (or accommodation agency) at the beginning of the tenancy as security against things like arrears, damage to property or removal of furniture by the tenant. A deposit must never be more than one sixth of the annual rent. However, it normally tends to be the same amount as one months rent. Providing that you have accrued no rent arrears at the end of your tenancy and the accommodation is in the same condition as you found it, you should have all your deposit returned to you in full.

3.3 Deposit Guarantee Scheme (DiGS)

East Ayrshire Council established a Deposit Guarantee Scheme (DiGS) in June 2004. DiGS offers the 'guarantee' of a deposit, in the form of a bond, payable to Landlords at the end of a tenancy, where required. It enables those on a low income, unable to raise a deposit, the opportunity to access quality private rented accommodation. It also provides additional housing options for those who are in housing need or have experienced homelessness.

DiGS is managed by the Community Housing Advocacy Project (CHAP) and is funded by East Ayrshire Council and Ayrshire and Arran Health Board.

For further information on the scheme, please contact Jim McCleary, CHAP, Marlin House, 12 Heatherhouse Road Irvine, KA12 8HQ Tel: 01294 313137 Fax: 01294 204296 email jmcCleary-chap@fsmail.net

There are a number of rent deposit guarantee schemes throughout the country, to find out more about the schemes throughout Scotland you can contact the National Rent Deposit Forum who have over 160 members in the UK on 0121 616 5067.
Website: www.nrdf.org.uk

Further information
The Scottish Letting Agency is a non-profit making online service for landlords, tenants and service providers involved in the Scottish residential property market. Contact then on their web site at www.scottish-letting-agency.com

Dial-a-Law is the Law Society of Scotland's information and referral service. With a library of over 40 different legal topics from family law to employment law, from making a will to choosing a solicitor, it gives a clear down to earth information about a wide variety of situations including private letting, your rights as a tenant and rights as a landlord and many other housing issues. Contact Dial-a-Law on 0870 545 5554 or visit their informative website at www.lawscot.gov.uk

3.4 Housing Benefit

People on low incomes with high rent costs are usually entitled to receive Housing Benefit to help pay their rent.

Housing Benefit however, will only be paid to someone who has gone through the application process and satisfies the statutory requirements for the payment of Housing Benefit. Housing Benefit forms are available from all Local Council Offices.

Even if you are on a very low income, your rent might not be fully covered by Housing Benefit. There are some restrictions on the amount of Housing Benefit that can be paid, particularly for 18-25 year olds. More detail is available in Appendix A of this guide.

It is vital that you seek advice from someone who can advise you on how much you are likely to have to pay, before you accept a tenancy.

Housing Benefits can carry out a "Pre-Tenancy Determination" (PTD), which is an assessment of how much housing benefit you would receive if you took up the tenancy. The PTD can only be requested if the landlord has given his/her consent as they are required to sign the form as well.

Housing Benefit staff will do the check within seven working days and provide a written response indicating the maximum level of Housing Benefit you are entitled to relevant to the rent cost of the property.

3.5 Council Tax

The Council Tax is a charge made by the Council to help cover the costs of the services and facilities such as roads, parks, refuge collection, libraries, sports centres and street lighting.

In most cases the tenant is responsible for paying the council tax due on the private rented property. If you are living alone you may be eligible for a discount on the amount you pay. Alternatively, if you live in housing-in-multiple-occupation (H.M.O), the landlord is responsible for paying the council tax.

All councils are required by law to introduce a licensing system for houses with multiple occupation (HMO). Houses in multiple occupation include shared flats, bed- sits, lodgings and, shared houses such as student residences.

Your house is a H.M.O if it is the main home of 3 or more residents and the residents are members of more than 2 families.

If you are a tenant in a house that is an H.M.O, your lease or another agreement may allow your landlord to include your share of the council tax in the rent. Always check this out before signing an agreement or lease.

3.6 Help for Young People

The Through Care Team provides services for young people aged 16-21 but give priority to those leaving care or who are homeless. The team undertake a variety of tasks in regard to meeting the young person's support needs. Advice can be given to young people to enable them to obtain their rights and entitlements from a variety of internal and external agencies. The team work with Housing and accommodation providers to ensure that the young person has accommodation of their own which is safe, affordable and which meets their needs.

Underpinning the work is a process of Through care planning which generally commences at age fifteen and continues through a number reviews and relevant modifications to provide a structure for the time that it is needed. The plan addresses the young person's needs in regard to accommodation, education, employment or training and their emotional support needs. It will also address health issues including addictions and related issues, offending behaviour and the impact of the criminal justice system. It will seek to ensure that the young person can contribute to and feel part of family, neighbourhood and community structures wherever this is possible and appropriate.

Contact the Through care Team on: 01563 554259

3.7 How to find Private Rented Accommodation

Local Newspapers

Most properties that are available to let are advertised in local newspapers. The following local newspapers are available in East Ayrshire:

Kilmarnock Standard – published weekly and available from Wednesday evenings. Check out vacancies in the ‘property for let’ section. The earlier you pick up a copy of the paper the better chance you have of getting a property.

Cumnock Chronicle – published weekly and available on Wednesday evenings. Check the ‘property section’ for any vacancies.

Window Advertisements

Some landlords place adverts in the windows of local newsagents, post offices and on the small ads boards in supermarkets.

Check out your local shops, or the shops in the area you want to live, to see if there are any current ads and you can also place you own ‘wanted’ ad for a small fee.

Word of Mouth

In many rural areas, a lot a private renting opportunities are advertised by “word of mouth” so it is sometimes worthwhile telling as many people as possible that you are looking for a private let.

Local farmers and farm estates often have properties for rent but they are usually in quite remote locations with poor public transport links. Names and contact details can be found in the Yellow Pages.

Estate Agents, Letting Agencies & Solicitors

There are specialised private lettings agencies and estate agents and solicitors in East Ayrshire who often have properties to rent.

Names and contact details can be found in the Yellow pages.

East Ayrshire Council

East Ayrshire Council have a list of Private Landlords who have local properties available for rent, contact local housing officers or the Private Sector Liaison Officer for more details.

IMPORTANT NOTE

• Some landlords will require a deposit and / or references.
  
• It is an offence for letting agencies to charge to put your name on a list
• it is an offense for landlords in Scotland to levy any form of premium on your rent

3.8 Private Tenant’s Rights

The following is a list of the main rights you have as a private tenants. If you require more detailed information and advice then contact a local housing office, the CAB or a solicitor.

As a private tenants you have the right to the following:

• To know the terms of the tenancy
  
• To know the name and address of your landlord
  
• To a decent standard of repair
  
• To proper notice if the landlord wants the tenant to leave
  
• To “quiet enjoyment” while staying in the property

However, as a tenant you also have a responsibility to ensure that the rent is paid on time and to ensure the property is kept in the same condition it was in when it was first let to you.

3.9 Private Tenant Agreements

When a tenancy began on or after 2nd January 1989, the landlord must provide you with a written tenancy agreement which states the following:

• How long the tenancy is for
  
• How much the rent is
  
• When and how the rent should be paid

3.10 Responsibility for repairs

The tenancy agreement should also say who is responsible for the decoration and repair of the accommodation.

In general terms, tenants are responsible for ensuring fixture, fittings, furniture and other contents are not damaged by negligence.

Most landlords will provide tenants with an inventory of items supplied in the lease, if there is any damage or loss of items that are the tenant's responsibility, tenants should arrange to either repair, replace it or have the cost deducted from their deposit.

Landlords are responsible for keeping the following in good repair and working order:

• The structure and exterior of the property, including drains, gutters and external pipes
  
• Water, gas pipes, and electrical wiring (including taps and sockets)
  
• Basins, sinks, baths and toilets
  
• Fixed heater, gas fires and water heaters
  
• Repairs to common parts of the building such as stairs and communal closes

The following should be considered in relation to Health and Safety:

Gas safety certificate - if there is gas in the property your landlord must, by law, have the appliances tested on an annual basis. The landlord should have a copy of the gas safety certificate and you should be given a tenants copy of this.

Electricity - it is good practice for landlords to ensure that all electrical appliances are checked on a regular basis. At the moment there is no legal obligation to do so but you should ask about checks and express any concerns about appliances, wiring, broken sockets etc.

Smoke detector - it is good practice for a landlord to ensure that the property is fitted with a fully operational smoke detector and other fire prevention appliances. Remember to check for these and express any concerns.

Fire escapes - do any upstairs windows open up to enable escape? You must ensure that there is a means of escape in any rooms or accommodation which is not on the ground level.

Furnishings - If there are any furnishings supplied they must comply with the Furniture and Furnishings (Fire) (Safety) Regulations 1988. You must check that all relevant items such as beds and sofas have a clear label on them stating that they meet the regulations of this act. If they don't they must be removed.

3.11 Notice to Quit

If a landlord asks you to leave your accommodation or if the landlord advises you that court proceedings for repossession are being taken against you, you should not move out without consulting an experienced advisor, such as the Citizens Advice Bureau.

If you decide to leave your tenancy you should consider the following;

• Ensure that you give the Landlord the agreed amount of notice to quit as specified in your tenancy agreement. Failure to do so may make you liable for any loss of rent or advertising costs the landlord may incur. This can then be taken from your deposit or the landlord may take legal action against you.
• Ensure you give notice to the landlord in writing and agree a date to vacate the property.
• Leave the place in a clean and tidy condition and remove all property not belonging to the landlord.
• Take final readings for gas and electricity and notify the relevant companies. It can be helpful to note readings on the inventory and have these witnessed by the landlord.
• Close off or redirect all household / personal bills.
• Go through the inventory with the landlord and agree any repairs or damage. The inventory should then be signed off by both parties.
• Arrange for your deposit to be returned and again obtain a receipt for the amount returned and any deductions taken.

If you are worried about losing your tenancy you may benefit from practical advice and support from a tenancy support officer. See Appendix B for contact information.

If you receive a written or verbal notice to quit from your landlord, you should also seek the help from an experienced advisor before the notice expires.

If you are worried about losing your tenancy you may benefit from practical advice and support from a tenancy support officer. See Appendix B for contact information.

IMPORTANT NOTICE

Even after a notice to quit expires, you still have a continued right of occupancy.

For details of where to contact the Housing Benefit Section see Appendix A.

3.12 Empty Homes Initiative

Introduction

It is important - both for owners of empty properties in Scotland and people in housing need who might be interested in renting a particular empty house - to realise that there are some grant options available. These are to encourage private landlords to release their empty houses so that they can then be renovated and let out at affordable rents to local people.

The Scottish Executive awarded two rounds of funding under the Empty Homes Initiative, through which local authorities, usually in conjunction with other local housing providers, can bid to help them fulfil their plans to bring empty properties back into use as affordable rented housing.

The five year Newmilns Townscape Heritage Initiative (NTHI) is now complete (completion date April 2005), with a total of £5.5 million spent on regeneration in Newmilns.

Through partnership working and the provision of multi-agency funding packages, vacant buildings in a state of disrepair may be restored, and importantly, brought back into use for the community. Given that Newmilns town centre is an outstanding conservation village with a number of listed buildings which require both repair and careful restoration works, funding for this type of work has been successfully secured to contribute towards the regeneration of the area, and to meet established housing need.

Update on projects part-funded by the Empty Homes Initiative (as part of the NTHI)

• 73- 77 Main Street: Note- St Vincent Crescent Preservation Trust is now known as The Heritage Building Preservation Trust. Restoration and conversion completed by HBPT, and now is ownership of Shire Housing Association for social renting. Two maisonettes and one flat. Funders: EHI, Historic Scotland and Heritage Lottery Fund (HLF) through NTHI.
• 26-28 High Street: Project manager - Heritage Building Preservation Trust. Conversion of Category C Listed Building into two flats. End user is Shire Housing Association for social renting. Funding from EHI, HLF and Historic Scotland.
• 24 High Street: Project Manager - Heritage Building Preservation Trust. This was a derelict shell - external walls kept- redeveloped into two houses. End user is Shire Housing Association for social renting. Funders: EHI, Historic Scotland, HLF.
• Westgate Co-op: Project Manager was Strathclyde Building Preservation Trust, now for social rent through Shire Housing Association. Project was completed in February 2003 - provided 19 flats.
• Brown's Institute: This was project managed by Heritage Building Preservation Trust, with end user Shire Housing Association. It is a Category C listed building, and was restored and converted into four flats. Completed in October 2002. Funders: EHI, Historic Scotland, HLF and Score.

All properties have now been restored and converted into housing for social rent.

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