Tenants in rented housing

Dampness

The main causes of dampness in a home are:

• Penetrating dampness – water/rain seeping in through a defective part of the structure such as a wall, roof or chimney.
• Rising dampness - Moisture seeping up through the floor and walls where is a defective damp proof course, or, where no damp proof course exists.
• Leaking pipes – a defect in a water or drainage pipe, may be leaking internally.

These types of dampness can be remedied with structural repairs.
 

Condensation

Condensation is the most common cause of mould in the home. It occurs when warm and humid air in a home, meets a colder surface or where the air becomes trapped.  

This in itself may damage the surface of the wall, but more often, mould spores grow here due to the moist surface. This mould can grow on any surface including walls, ceilings, furniture or personal belongings such as clothes and shoes.

Condensation and mould growth can be managed by following this advice:

• Reduce the moisture in the air. Dry clothes outside where possible and ensure that Tumble Driers are vented to the outside air. Steam caused by cooking or washing should be allowed to leave the kitchen/bathroom via an open window or by using an extractor fan.
• Wipe off any condensed water which may be visible on walls or surfaces.
• Don’t place furniture up against a cold wall.
• Allow your home to be ventilated by opening windows for a short period of time.
• Use water absorbing gels or dehumidifiers in spaces prone to condensation.
• Remove mould growth by wiping affected surface with a cloth and a fungicidal cleaner – you don’t want to over wet the surface or damage the finish/paint.
• Painting affected walls with an antifungal treatment can prevent the further regrowth of mould.  

If you suspect that your home is being affected by dampness, please contact us to discuss.

For further information: the World Health Organisation has produced this Damp & Mould Information Brochure as a PDF.

All landlords with properties in Northern Ireland must be registered with the Department for Communities (DFC) Landlord Registration Scheme and have a Landlord Registration certificate. 

If you are a tenant, you can check if your landlord is registered, and if they’re not you can contact us to discuss.

Search the Landlord Register at https://landlordregistration.nidirect.gov.uk/

If a landlord fails to register or provides false information for registration we can issue them with a fixed penalty of up to £500, or take offenders to court where they could be fined up to £2,500.

Rent Book

All private tenants should receive a rent book within 28 days of their tenancy beginning and it should be free of charge.

Tenancy Deposit Schemes

Most landlords will ask for a security deposit from a tenant in a property. This money is used as insurance against any damage you may cause or rent you may owe at the end of the tenancy. Any deposit paid on or after 1 April 2013 must be protected in an approved scheme within 14 days of it being paid.  

Tenants must be given information about the deposit and the scheme that is protecting it, within 28 days of the landlord receiving the deposit.
If you suspect that your Landlord has not secured your deposit, please contact us to discuss.
 

If you are in a Fixed Term Contract a landlord can seek to end the tenancy if you have breached your contract, however they must give appropriate Notice to Quit and cite their reasons, i.e. which conditions of the contract were breached. 

A Fixed Term contract otherwise will come to a natural end at the end of the Fixed Term and no notice is required. 

For periodic tenancies, i.e. those without a contract or where the tenancy has progressed beyond the fixed term, your landlord must give you appropriate notice to quit when ending the tenancy. The required length of notice depends on the length of the tenancy. Current Notice requirements are:

Length of tenancy	Notice to quit
Tenancy not been in existence for more than 12 months	No less than 4 weeks' written notice
Tenancy has been in existence for more than 12 months but not more than 10 years	No less than 8 weeks' written notice
Tenancy has been in existence for more than 10 years	No less than 12 weeks' written notice

 

Depending on the length of the tenancy the tenant must give their landlord a minimum notice to quit period.  

Length of tenancy	Notice to quit
Tenancy not been in existence for more than 10 years	No less than 4 weeks' written notice
Tenancy has been in existence for more than 10 years	No less than 12 weeks' written notice

The notice to quit should be in writing and both the landlord and tenant should keep a copy.  If the tenant has not left when the notice has run out, the landlord must apply for a Possession Order from a Magistrates' court. A private tenant can only be made to leave their home if this order has been issued by the court. 

A landlord, or any person acting for them, who forces or attempts to force a tenant from their home without following the proper legal procedures is guilty of an offence.

This includes:

• changing the locks to a property when a tenant is not at home
• physically throwing a tenant out
• preventing a tenant from getting into part, or all of their home.

A landlord who continually acts in a way that is designed to make a tenant leave the property could be guilty of harassment.

Examples include:

• interfering with gas, water and electricity supplies
• making threats and instructing a tenant to leave
• entering the property without consent
• refusing to carry out repairs
• making frequent unannounced visits, especially late at night.

Tenants should record the details of any harassment including the date, time and a short description of the incident.

Contact us if you require further advice or wish to make a complaint.

If you live in privately rented accommodation or act as a landlord, it is possible that you may occasionally experience disputes in relation to your accommodation or the terms of your rental agreement. 

Our staff can offer advice to tenants, landlords and letting agents on what their legal rights and responsibilities are.

Additionally, a mediation service is available to those currently living or providing accommodation in a private rental. The service is funded by Department for Communities and is operated by Housing Rights.

The Housing Mediation Service is free and is open to:

• Tenants
• Registered Landlords
• Letting agents
• Housing associations operating in the sector

When both parties in the dispute have agreed to take part in mediation an independent mediator with specialist housing knowledge helps the parties talk about their dispute and come to a solution that works for everyone. 

Phone 028 9024 5640 for advice.
 

Tenancy Deposit Schemes
www.nidirect.gov.uk/articles/tenancy-deposit-scheme-information-landlords 

Private tenancy guide
communities-ni.gov.uk/publications/private-tenancies-guide-private-landlords-and-tenants 

Harassment and Illegal Eviction
www.nidirect.gov.uk/articles/protection-against-eviction 

www.housingadviceni.org/advice-private-tenants/can-i-be-evicted 

www.housingadviceni.org/advice-private-tenants/harassment-landlords 

Solving disputes
www.housingadviceni.org/housing-mediation-northern-ireland