Frequently asked questions for tenants renting from a private landlord

Does my landlord have to give me a written tenancy agreement?

It is good practice and in the interest of both parties for the landlord to provide a written tenancy agreement.  By law if the tenant requests one the landlord must provide at the minimum a written statement showing some basic details such as the start date of the tenancy and the rent.  Note that housing benefit will not process a claim without a written agreement.  Remember a tenancy agreement is a legally binding agreement and by signing it a tenant is agreeing to the terms set out (so long as the terms are not deemed to be unfair).  See the ‘Unfair Contract Terms Act’ for further details.

Does my landlord have to give me a rent book?

Yes, if you pay your rent on a weekly basis but if you pay monthly then your landlord does not have to provide you with a rent book.  However, it is always a good idea to get a receipt each time you pay your rent and keep these in a safe place.

Can my landlord evict me if I make a complaint?

There is no law to stop a landlord seeking to repossess in response to a complaint, but he/she would still have to give you two months written notice or have legal grounds for evicting you such as non payment of rent.  These rules would apply whether you make a complaint against your landlord or not.

Your landlord may also think if he/she empties the property that he/she will not have to do the repairs or that the repairs cannot be carried out whilst the tenant is in the property. This is rarely the case and we will speak to your landlord about these matters and provide advice.

My landlord is not doing repairs. Can I stop paying my rent?

The Council does not recommend that you ever stop paying your rent. This is because your landlord could use this as a reason to evict you from the property.  If your landlord will not do repairs then write to your landlord advising him of the repairs needed. If this does not resolve the problems or the repairs are of an urgent nature and arrangements are not made to carry out the works, contact the Council who can enforce that your landlord carries out any necessary works to bring the property up to a good standard.

Also, remember if you do withhold the rent then once any repairs are complete you will have to pay the full amount to your landlord and should your landlord take you to court then you will have to prove that you still have the rent money available.

What is a gas safety certificate and should I have one?

Your landlord is legally required to have all gas appliances in the property (including gas boilers, gas wall heaters, gas fires, gas cookers etc) checked for safety by a Gas Safe registered contractor once every 12 months. Your landlord should give you a copy of the certificate either when you move into the rented property or within 28 days of a new check being carried out.

If your landlord has not provided you with a copy then request one from him.  If your landlord does not provide you with a copy on request then you can contact us on the phone number above to pursue this matter on your behalf.

All Gas Safe registered contractors carry a card which proves that they are allowed to work on gas appliances. If they cannot show you this card then it is illegal for them to work on gas appliances and you should not let them in.   You can check whether a contractor is registered on the Gas Safe Register website or by telephoning 0800 408 5500.  You can also request a free gas safety check.

For more information see the Health and Safety Executive website.

What is carbon monoxide poisoning?

Carbon monoxide is a colourless and odourless gas that the human senses are unable to detect.  It is poisonous to humans as it starves the body tissue of oxygen.

It is produced by the incomplete burning of carbon fuels. Appliances that can leak carbon monoxide include central heating boilers, cookers, water heaters, portable heaters, gas fires etc.

Symptoms of low levels of carbon monoxide include headaches, drowsiness, lack of energy, muscular weakness, chest pains and nausea. Sometimes unexplained sickness, diarrhoea and stomach pains can occur.

High level or prolonged exposure to carbon monoxide causes unconsciousness, brain damage and death.

To protect yourself use a carbon monoxide detector in your home, of the type that sounds an alarm if carbon monoxide is present. These are readily available to buy in DIY stores and online.

Have gas appliances in your home checked on a yearly basis ensuring persons working on gas appliances are Gas Safe registered.

Over 60's, disabled, deaf and blind persons can be eligible for free safety checks through your gas supplier.

Check the colour of gas flames - blue is healthy, yellow or orange may indicate a problem.

Make sure gas appliances are well vented - never block or cover an appliance, vents or flues.

Get advice from a doctor if you feel you are suffering from any of the symptoms.

If you have a chimney get it regularly swept to clear any blockages.

My landlord has sent someone to work on my boiler - the contractor has not shown me a gas safe card?

Ask the contractor if he is Gas Safe registered and to show you his Gas Safe Register ID card.  On the front of the card should be the contractor’s name, registration number, licence number and on the back the card will list the gas appliances they are qualified to work on.  It is illegal for a person to work on a gas appliance unless they are on the Gas Safe Register and eligible to carry out the work.

If you suspect an illegal gas worker then please ring Gas Safe Register on 0800 408 5500 or visit the Gas Safe Register web site.

I can smell gas. What should I do?

If you can smell gas or think you have a gas leak in your home you should ring the National Grid immediately on 0800 111 999 (This is a 24 hour emergency line).  If you are deaf or hearing impaired and have a Minicom or Textphone the number to call is 0800 371 787.

• You should turn off the gas at the mains and turn off all gas appliances.

• Open windows and doors to allow fresh air into the property.

• Do not smoke, use a cigarette lighter or matches.

• Avoid using electric switches, lights and electrical equipment.

My landlord has kept a key. Is he/she allowed to enter my home?

No. Your landlord should only enter your home with prior permission from you. Some landlords like to keep a key in case the tenant loses their key or the property is abandoned but he/she should not use it to enter when you are living there.  Under certain circumstances such as an emergency e.g. fire or flood or if you have left the property unlocked, then the landlord is allowed to enter without permission in the interests of protecting their property.

My landlord says I am responsible for the repairs.

Landlords have a legal obligation to repair and maintain the property whilst it is being rented and ensure that it is fit to live in. Generally your landlord will be responsible for maintaining and repairing the structure and exterior of the property, that hot water installations and the water supply are working and that the installations to provide gas and electricity to the property are safe and working.

Tenants usually have responsibility for minor repairs, decoration and furnishings and maintaining the garden areas.

My landlord promised to give me new carpets and decorate.

Unfortunately, the Council cannot insist that a landlord provides these things. It is usually the tenant's responsibility to decorate internally and provide their own carpets and furnishings.

I want a Council House. How do I get one?

Council houses are now managed on behalf of Doncaster Council by St Leger Homes of Doncaster. If you are interested in one of their houses you should contact their Home Choice Lettings section directly on 01302 862628.

I'm in rent arrears. What can I do?

The most important thing is not to ignore this. It will not go away.  Speak to your landlord or letting agency and ask to meet with them in person.  See if you can come to some arrangement about paying back the arrears based on what you can afford.  The Citizens Advice Bureau will also provide further information and advice on managing debts.

Doncaster Housing Advice Centre also provide information and debt advice.

I have nowhere to stay/live. What can I do?

The Council’s Housing Options section give advice on this matter.  They can give you advice on how to search for somewhere to live. You can visit them in person at Kings Mews, East Laith Gate, Doncaster, or telephone them on 01302 862043.

My landlord is evicting me. What can I do?

Your landlord must follow the correct legal procedures should he wish to evict you from the property.  Please see Illegal Evictions and Harassment page for further advice.

My landlord is threatening or harassing me. What can I do?

It is against the law for your landlord to threaten or harass you.  You have the right to 'peaceful enjoyment' of your home.  Please see the Illegal Evictions and Harassment page for further advice.

Who do I call about drainage problems at my home or my home being affected by damp from the property adjoining mine?

In rented accommodation you first need to contact your landlord.  If this fails to resolve the problem you need to contact the Council on the number above and they will give you advice on who is responsible.  If your home is being affected by damp from the property adjoining your property, and if you or your landlord can not resolve this after discussing the matter with the owner of the adjoining property, the Council may be able to help you - contact Tel: 01302 737276.

I have no smoke alarms in my property.

South Yorkshire Fire and Rescue Service offer a free fire safety check. They provide advice on what to do in the event of fire in your home and on how to make a fire escape plan for you and your family. They may also provide and install free smoke alarms. Tel: 0114 253 2314, but get approval from your landlord first.

I am thinking of renting a property but the landlord/managing agent has not shown me an Energy Performance Certificate (EPC).

From October 2008 landlords must make available an EPC free of charge to tenants either when they view the property or before they enter into a written tenancy agreement.

I am struggling to pay my fuel bills. Can I get a grant?

Warm Front is the Government's main scheme to help people who can't afford to pay fuel bills. It is available to most households in England who are claiming certain benefits.  Grants are available for heating improvements and other energy efficiency improvements such as loft insulation.

If you are a renting and qualify for the grant then the property will be eligible but as the tenant you must apply for the grant.

To find out more contact Warm Front on 0800 316 2805.