The Renters Alliance will assess the viability of any financial claim you may have against your landlord regarding your tenancy, this could include your landlord/letting agent:
- unfairly withholding witholding money from your security deposit
- not protecting your deposit in accordance with deposit protection legislation
- prepare and enter into any correspondence with your landlord or other relevant third parties matters relation to your tenancy which may include a financial Claim;
- instructing legal counsel to act on your behalf to further your Claim.
What is the Deposit protection schemes?
Your landlord is required to register your deposit in a government-backed deposit guarantee scheme within 30 days of receipt in accordance with the provisions of s.213(3) of the Housing Act 2004 and give you the Prescribed Information about your deposit as set out in s.213(6) of the Housing Act 2004.
If deposits are required to be protected, why do so many landlords steal deposits or make deductions?
Your landlord is responsible for returning your deposit to you at the end of your tenancy, however many landlords add charges such as professional cleaning or charges for damage which renters do not know how to challenge. Further, if you invite your landlord to use the deposit protection scheme mediation service he/she may refuse and there is no compulsion for your landlord to use this service leaving court action the only option for resolution.
Will I get my deposit back from my Landlord?
Very often landlords and agents will make unwarranted deductions from your security deposit which we can challenge. If you owe no outstanding rent and have looked after the property in a responsible manner, the burden of proof is on the landlord to show why he or she has taken money from your deposit. If this is happening to you, the Renters Alliance might be able to help you through this process.
So I will have to go to court?
It is a possibility however, most disputes between landlords and renters are settled well before it becomes necessary to start court proceedings. At the Renters Alliance, we know how to put pressure on irresponsible or unreasonable landlords for them to return the money they owe you, court action is, and always should be, an option of last resort. However, if your landlord won't behave responsibly then court action may be necessary.
I’m scared of going to court, do I have to go?
In cases that court proceedings are issued, there is always still a changce of settlement any claim before trial. In most cases landlords who know that they should have protected your deposit and are not entitled to keep money from your deposit will return it to avoid the risk of escalating costs associated with a court hearing.
What is the court hearing like? Is it scary?
Absolutely not. Most people imagine a stern judge and a panel of jurors. However if your case does go to court it will be held in medium-sized room with only a judge, sometimes a secretary and your landlord/agent and their representative that is if the defendant turns up. The judge will do everything to put you at ease and gently determine the facts about the case.
What Evidence will I need to get my deposit back or to make a deposit protection claim?
Before taking on a claim, the Renters Alliance will ask you to send proof that you had a tenancy agreement, paid a deposit and the rent and for any check-in and check out reports. We will then review the deposit protection schemes.
My landlord is charging me for wear and tear, what is this?
My landlord is charging me for wear and tear, what is this?
Your landlord should not charge you or take money from your tenancy deposit because of normal wear and tear which is caused by day-to-day living. Examples of wear-and tear include
Your landlord should not charge you or take money from your tenancy deposit because of normal wear and tear which is caused by day-to-day living. Examples of wear-and tear include
- A threadbare carpet at the start of a tenancy might wear through
- A new carpet will show signs of use
- window frames might have peeling paint due to wind and rain
- Plaster might crack and wallpaper and paint fade over time.
Can I withhold rent?
You do not have the right to stop paying the rent. However, if your landlord/Agent is not fulfilling their repairing obligations, it may be possible to pay for the repairs using your rent, but you must follow a set procedure. The Renters Alliance may be able to help you with these types of problems. Please contact us if this becomes an issue.
I’m being harassed by my landlord, what can I do?
Harassment is illegal and can be reported to the police. If you are being harassed by your landlord, insist that all communication be given in writing and record calls on your mobile. The police will usually require evidence of several harassment incidents before they can take action.
What qualifies as harassment?
There are many forms of harassment. Common examples of landlord and letting agent harassment include:
- Entering your home without permission
- Making visits to your home to make you feel uncomfortable
- Threatening you or being violent
- Removing your belongings or opening your mail
- Cutting off your water, gas or electricity
- Sending builders and repairmen round without notice or at unreasonable times of the day unless an emergency repair is needed.
- Acting in a manner which denies you the peaceful enjoyment of your property
- Asking you to pay extra money to avoid eviction
- Sexual harassment
What are emergency repairs?
There are times when the landlord or their agents will need immediate access to your home. This is usually a safety issue and they do not need permission to access the property. Examples of such emergencies include:
- escape of gas or fumes
- electrical fittings in contact with water
- live or bare electric wiring
- sewage overflowing into the home
- outside doors that need secured
- burst storage tanks, cylinders or pipes
- failure of all lights or all power
- failure of heating systems in severe weather and where no alternative is available
- failure of all communal lighting
Can my Landlord Evict me?
You can be evicted if you have rent arrears, regardless of why the rent arrears exist. However, your landlord must go to court to get an order to evict you. If your landlord/agent threatens you with eviction please contact us immediately.
DO I HAVE THE RIGHT TO SEEK FURTHER ADVICE AND SHOP AROUND?
Yes, clients have the right to seek further advice or to shop around subject to any time limits within which a claim must be made. However, if you withdraw from an existing contract with the Renters Alliance/Represent Law, we reserve the right to levy a reasonable charge to reflect work undertaken.
IS THERE A COOLING OFF PERIOD IF I ENGAGE THE RENTERS ALLIANCE/REPRESENT LAW?
Yes, our terms and conditions includes a 14 day cooling-off period during which you can withdraw from a contract at any time. You may inform the Renters Alliance verbally or in writing if you would like to withdraw during the cooling-off period. If you cancel the Services during the Cooling-off Period, we will refund to you all payments received from you. However, if we have commenced work on your case during the cooling-off period, we reserve the right to invoice you for the work undertaken. We will make any refunds due to you for exercising your rights to cancel during the Cooling-off Period no later than the earliest of 14 days after the day of cancellation.
IF I CONTRACT THE RENTERS ALLIANCE, CAN I WITHDRAW?
Yes, you can withdraw from a contract at any time. However if you should withdray you may be charged a limited sum which is reasonable in the circumstances and shall reflect work undertaken by the National Renters Alliance up to the point you withdraw from the contract
WHAT HAPPENS IF I BREAK MY AGREEMENT WITH THE RENTERS ALLIANCE/REPRESENT LAW?
The Renters Alliance/Represent Law will invoice you for any charges in respect of the cancelled Services which we have provided or third party expenses or costs we may incur by way of compensation to us for ending the Service early.
CAN I CANCEL MY POLICY WITH THE RENTERS ALLIANCE?
Yes, you can cancel your policy with us at any time. You have a statutory right to a cooling-off period of 14 days after you sign your contract with us.
You are entitled to a refund of any payments made in the cooling-off period unless you have asked for services to be provided during the period in which case the Renters Alliance will keep what’s necessary to cover the cost of services provided up until you cancelled.
You are entitled to a refund of any payments made in the cooling-off period unless you have asked for services to be provided during the period in which case the Renters Alliance will keep what’s necessary to cover the cost of services provided up until you cancelled.
WHAT ARE THE PROCEDURES FOR MY CLAIM?
When you first contact the Renters Alliance, we will make some preliminary inquiries as to the validity of any housing dispute you may have. If the Renters Alliance believes you may have a valid dispute we will send you our service contract and agent authorization form which will give us the authority to act on your behalf in your dispute. For housing disrepair and deposit protection claims, the Renters Alliance will follow accepted pre-action protocols stipulated in the civil procedure rules which will encourage both parties in the dispute to disclose information which may be relevant to the claim. If at any stage information were to arise which would prejudice your claim we will advise you immediately and discontinue the claim. However, if your landlord and/or letting agent either fail to disclose relevant information or fail to provide evidence to refute your version of events we will continue with pre-action protocol rules and/or suggest mediation. Should all attempts at resolution fail the Renters Alliance will instruct an in-house solicitor or external legal practitioner to continue your claim and issue proceedings in the relevant court. At all stage the Renters Alliance will keep you informed with this process.
WHAT DOCUMENTS DO I NEED TO PURSUE A CLAIM?
The documents required for you to pursue a claim vary depending on the nature of your housing dispute. Typically we require evidence of your occupation of a property which may include tenancy agreement or license to occupy and email, phone and written correspondence between you and your landlord/letting agent. However, unscrupulous landlords sometimes attempt to deny you access or refuse to give you required contract information. Furthermore, as the Renters Alliance investigates your dispute further we may require more information about certain aspects of your dispute. Accordingly please speak with one of our advisers who can keep you updated with the documents we need to pursue your claim.
CAN THE RENTERS ALLIANCE/REPRESENT LAW END ITS SERVICE AGREEMENT?
We may end this Agreement immediately by giving you notice:
- If our ability to offer Services is suspended for any reason;
- If in our reasonable opinion it is necessary to do so for security, technical or operational
WHAT ARE MY OBLIGATIONS?
In order to give your claim the best chance of success you must:
- carefully read and retain any claims documentation
- Ensure that all answers and statements are accurate and truthful.
- Provide all documents including in electronic form, in your possession that are relevant to the claim and which give evidence of a fact in the claim.
IF I HAVE A COMPLAINT ABOUT THE renters alliance/represent law's SERVICE WHAT SHOULD I DO?
The Renters Alliance/Represent Law aims to provide you with the highest possible quality of service at all time. However in the event that our service falls short of your expectations, we operate a complaints procedure which may be found at www.nationalrentersalliance.co.uk/complaints-procedure. The Renters Alliance will send written or electronic acknowledgment of a complaint within five business days of receipt, giving the name of the individual handling the complaint , together with details of the Renter's Alliance internal complaints handling procedures.
Full details of our complaints procedure can be found on our complaints page.
- Within eight weeks of receiving a complaint we will send you either: A final response which adequately addresses the complaint; or A response which explains why we are still not in a position to make a final response, giving reasons for the further delay and indicating when we expect to be able to provide a final response.
- Where we decide that redress is appropriate, we will provide you with fair compensation for any acts or omissions for which we are responsible and will comply with any offer of redress which you accept. Appropriate redress will not always involve financial redress.
Full details of our complaints procedure can be found on our complaints page.