Tenant's rights when renting

Some of the rental properties I’ve seen are in terrible condition. Is a landlord allowed to rent them in this state?
At the start of a tenancy for furnished premises, the premises must be in a fit state for letting. Landlords are not obliged to ensure that their property meets any meaningful quality standards at the start of the agreement but this doesn’t mean that the landlord can let a property in a poor condition. The landlord must ensure that the structure and exterior (including drains, external pipes, gutters and windows) are kept in repair, and major installations such as boilers, sinks, baths and toilets are in working order. The landlord is also responsible for the safety of gas and electrical appliances that he supplies, and the fire safety of fixtures and furnishings that go with the tenancy. These duties apply from the moment the tenancy begins.

What about my security deposit?
Landlords can deduct their reasonable costs from the security deposit if tenants fail to take reasonable care of the property. However, they should not be able to profit from the term. If damage is minor and easily rectified, the landlord should not be able to withhold the entire amount of the security deposit. The deposit cannot be withheld for normal wear and tear.

My tenancy agreement has a clause which says the landlord has the right to enter the property at any time. Is this fair?
Under common law there is an implied right for the tenant to have ‘exclusive possession’ and ‘quiet enjoyment’ of the premises during the tenancy. In other words, tenants must be free from unwarranted intrusion by anyone, including the landlord. If the tenancy agreement allows the landlord to enter the property without the tenant’s consent, except for good reason (such as in an emergency or to inspect the property on reasonable notice), the term may be unfair.

Is the landlord able to increase my rent?
Provisions for rent increases may be included in a tenancy agreement. However a term which allows the landlord to arbitrarily increase the rent without reference to clear and objective criteria or an independent valuer may be unfair.

Where do I get advice?
Your college accommodation office or Students’ Union may be able to help, check their websites. Your local housing advice centre, Citizens Advice, or trading standards service may also provide advice, or you can talk to Shelterline 0808 800 4444.

How do I complain?
You can complain to your local trading standards service about a landlord’s unfair terms. You will find their number in the phone book or you can visit their website at www.tradingstandards.gov.uk.

The OFT can take action against a landlord it believes is using unfair terms to stop them being used in the future. However, the OFT cannot intervene on your behalf or help you with your individual case.

The OFT’s leaflet highlights some of the pitfalls consumers may come across when entering into a tenancy agreement. You can get this by phoning 0870 60 60 321. There is also guidance for landlords on unfair terms in tenancy agreements and both can be downloaded from the OFT website www.oft.gov.uk, or you can contact OFT enquiries on 0845 722 4499.