Wynajem pokoju w domu. UK.

Letting rooms in your homeA guide for resident landlords

housing

Who should read this booklet?You should read this booklet if you are letting (orthinking of letting) part of your only or main home.In law, a resident landlord letting is one where thelandlord and the person he or she lets to live in thesame building. This includes conversions where theylive in different parts of the same property (howeverlong ago it was converted).

However, if • the property is split into purpose built flats, with

landlord and occupier in different flats, or• you do not live in the same property as the

person you let toyou should instead read the booklet Assured andAssured Shorthold tenancies – a guide for landlordsif the letting began on or after 15 January 1989; orRegulated Tenancies if it began before this date.Details of where to get these and other housingbooklets published by Communities and LocalGovernment are given at the end of this booklet.This booklet is addressed mainly at lettings startedon or after 15 January 1989, when the Housing Act1988 introduced changes affecting new lets byresident landlords. A summary of the special rulesapplying to lettings made before this date is at theend of the booklet.

This booklet does not provide an authoritativeinterpretation of the law; only the courts can dothat. Nor does it cover every case. If you are indoubt about your legal rights or obligations youwould be well advised to seek information from a

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Citizens Advice Bureau, local authority’s housingadvice service or a law centre, or to consult asolicitor. Help with all or part of the cost of legaladvice may be available under the Legal AidScheme.

The terms ‘landlord’ and ‘occupier’ are usedthroughout; ‘occupier’ is used in this contextinterchangeably with ‘tenant’ or ‘licensee’ to meanthe person the landlord is letting to.

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Contents

1. Introduction to letting rooms – someimportant principles

why it’s important whether the landlord 1.2-1.3is resident

different kinds of resident landlord 1.4, 1.8-1.9arrangement

tenancies and licences to occupy 1.5-1.7

if you move out 1.10

if the property changes hands 1.11-1.12

2. Before arranging a let – some points toconsider

fixed-term, periodic and open-ended 2.1arrangements

checks you might need to make before 2.2-2.5letting property

what facilities need to be provided 2.6-2.7

deposits and other ways to help 2.8prevent problems

written letting agreements 2.9-2.10

getting advice 2.11

3. Charging for rent and other bills

charging and putting up rent 3.1-3.2

providing a rent book 3.3

Council Tax and domestic bills 3.4-3.5

help with the rent (Housing Benefit) for 3.6-3.8the person you let to

4. Repairs, maintenance and safety

general 4.1

gas, electrical, furniture and fire safety 4.2-4.4

your rights to access 4.5-4.6

5. Ending a letting

how the nature of the let makes a difference 5.1

ending a periodic or open-ended arrangement 5.2

ending a fixed-term arrangement early 5.3-5.4

circumstances when you may need to get 5.5a court possession order

possession orders, eviction and rent arrears 5.6-5.9

illegal eviction, harassment and 5.10-5.11resolving problems

6. Money issues

Council Tax 6.1

Income Tax 6.2

Capital Gains Tax 6.3

impact of letting on any state benefits 6.4you receive

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Appendix A: Form of words that must be usedin a notice to quit

Appendix B: Special rules that apply to lettingsmade before 15 January 1989

Appendix C: Addresses for other leaflets andbooklets

Appendix D: Addresses of rent assessmentpanels and areas covered

1. Introduction to letting rooms –some important principles

1.1 What types of letting does this bookletcover?

This booklet deals with many different arrangements,ranging from simply letting a room to a lodger toletting a converted flat in a house.

1.2 Why is it important whether the landlordis considered to be resident?

Tenancies which do not have a resident landlord aregenerally regulated or assured (including assuredshorthold), depending whether they were grantedbefore or after 15 January 1989 respectively.

There are two main issues where the rights oflandlord and tenant differ for resident landlord letscompared with these other types of tenancy: rentand security of tenure. Broadly, someone who letsfrom a resident landlord does not have a right tochallenge the level of rent that he or she has agreedto pay, can be given less notice to leave if thelandlord wants to end the letting, and in somesituations can technically be evicted by the landlordat the end of the notice if he or she refuses to leave.

Resident landlords have this greater freedom to endan arrangement because it is acknowledged that,should the relationship between the landlord andthe person he or she lets to breaks down, thelandlord is more vulnerable in his or her own home.

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1.3 How exactly is a landlord considered to be‘resident’ in law? Does it make a differenceif I don’t live in the property all the time?

For lettings started since 15 January 1989, theimportant point is whether you are using theproperty as an only or principal home, both at thestart of the letting and throughout it.

It is accepted that, for short periods, a landlord maynot live in the property yet still be considered to beresident: so long as he or she intends to return andthis is apparent, for example if he or she has leftbelongings. However, only a court can say forcertain whether a landlord has maintained enoughresidence in the property to count as a residentlandlord: if not, then it is possible that the lettingarrangement may be deemed to have become aregulated or assured tenancy, depending whetherit first began before or after 15 January 1989. Thedefinition of ‘residence’ for determining how thelandlord must give notice or can evict an occupier isslightly different (see section 1.4)

1.4 Are all kinds of resident landlordarrangements treated the same in law?

No. There are two main considerations:

a. whether the landlord (or a member of his orher family) shares any accommodation withthe person he or she is letting to

b. whether the occupant has exclusive possessionof at least one room

a. This is important in distinguishing whether theoccupant is protected by legislation in terms ofnotice to leave and eviction: a non-sharingarrangement will generally give the occupantgreater legal protection than where accommodationis shared. (For this reason, lettings which are outsidethis protection are known as ‘excluded’ tenanciesand ‘excluded’ licences). ‘Shared accommodation’means any part other than stairs, halls, passagewaysor storage space; so that while a tenant in a self-contained flat would not be considered to besharing accommodation with the landlord, evensomeone who has most of their own facilities butshares a toilet would. However, even if the occupieronly shares accommodation with a member of thelandlord’s family, the arrangement will still becounted as a sharing one if the landlord himselfalso lives in the house.

To count as an excluded tenancy or licence, thelandlord does not have to live in the housecontinuously, although it must have been his only ormain home both before and at the end of the let.

b. This is about the distinction between tenanciesand licences. Whereas the usual assumption for anyletting arrangement is that it will be a tenancy,there may be some factors present that will make itmerely a licence to occupy. The most usual one is alack of exclusive possession; but if

• the occupier does not have a right to occupy aparticular room or rooms, and/or

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• there is no rent payable for occupying the room,and/or

• the occupation is not running for identifiableamounts of time, for example by the week ormonth

then the arrangement is also likely to be a licence.Common general examples of licences are staying ina hotel, or having a friend to stay for a few days.Tenants have some rights that licensees do not have.

1.5 So what is the difference between atenancy and a licence to occupy?

The most important qualification for a letting to bea tenancy is that the occupier is granted exclusiveuse of at least one room. So if, for example, he orshe has her own room and you do not have theright under the agreement to enter it withoutpermission, the letting would probably be atenancy. If you agree to provide some form ofattendance or service which requires you (orsomeone working for you) unrestricted access tothe occupier’s room, the letting would be a licenceto occupier. If the occupier has to share his or herroom (or all of his or her rooms, if more than one)with someone he or she did not choose, the lettingwould be a licence.

To be a tenancy, the letting must also be for aparticular room (or rooms) – that is, without youbeing able to move him or her around.

1.6 What kind of attendance or serviceswould require me to have unrestrictedaccess to the occupier’s accommodation?

These might include regular cleaning of theoccupier’s room, removal of rubbish, changing thebed linen, providing meals. But none of these on itsown necessarily means there is a licence. It is only ifyou genuinely need to come and go withoutrestriction and cannot be limited to agreed times ofthe day in order to provide the services, that theoccupier will not have exclusive use of theaccommodation. In this type of arrangement, theoccupier would usually be described as a lodger.

1.7 What if I let to more than one person inthe house?

If each person has his or her own room (or rooms),then whether each arrangement is a tenancy orlicence will depend on the factors above.

If a room is let on a shared basis, where eachoccupier has come to the arrangement separately,or you have made it clear to the occupier that it islikely that he or she will have to share the room,the letting will probably be a licence to occupy.

However, even if more than one person shares aroom, the letting can still be a tenancy if thesharers entered the arrangement together (jointtenancy): for example, a couple or friends, or afamily sharing a flat.

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1.8 How do the distinctions between differentarrangements work in practice?

Examples of the most common arrangements are asfollows:

Non-excluded tenancy: house divided into self-contained flats, occupier lives in one and landlord inanother

Non-excluded licence (unusual): landlord has rightto choose new sharer for occupier’s self-containedflat; or has unrestricted access to it for cleaning

Excluded tenancy: ‘houseshare’ arrangement, wherelandlord lets room(s) in his or her home and shareslounge etc with the occupier; bedsit arrangementswhere landlord is not servicing rooms

Excluded licence: ‘lodgers’, where the arrangementincludes cleaning the room; stay by a friend on acasual basis; room is let as a ‘roomshare’ withexisting occupant

This list only gives an indication of how differentarrangements might be viewed: it is not definitive,and the important factor for any particular case ishow the arrangement works in practice. Only acourt can say with any certainty whether a letting isa tenancy or a licence to occupy; and the fact thata landlord may say that what is being offered orhas been granted is a licence rather than a tenancy(or the written agreement is headed “licence”),does not necessarily mean that this is what it will

be considered to be. If there is a dispute or otherissue where the nature of the let could beimportant, it is advisable to get legal advice.

1.9 Does it make a difference whether theaccommodation is furnished or not?

In nearly all cases, no: it may only be relevant forsome tenancies dating from before 14 August 1974(see Appendix B).

1.10 What if I move out?

As described in section 1.3, you would only beconsidered ‘resident’ for as long as the house isyour only or main home. If you cease to live there,then a tenancy may be deemed to have become anassured shorthold tenancy (if the original tenancystarted after 28 February 1997) or an assuredtenancy (if the tenancy started before this date butafter 15 January 1989), of whichever rooms thetenant was letting. The rules for tenancies startedbefore January 1989 are slightly different – seeAppendix B. If the letting was a licence to occupy, itwould not become one of these tenancies since thenature of occupation would still not fulfil all therequirements for a tenancy such as exclusive use.

1.11 What if I sell the property or die?

There are special rules which can ensure that tenantsdo not automatically become tenants as soon as aresident landlord sells his or her house, or dies, ifthe new owner will also be living in the property.

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If the house is sold, the new owner must

• give notice within 28 days that he or she intendsto take up residence, and

• he or she must actually move in within 6 monthsof the sale

Until the new landlord moves in, the tenant enjoysthe same security of tenure as if the tenancy wasassured shorthold (or assured or regulated). Thisprotection will then be lost so long as the landlordmeets the six-month time limit.

If the landlord dies• two years are allowed for the winding-up of his

or her estate, plus• six months as for the sale of a house

During the two-year winding-up period, tenants donot have the greater level of protection of anassured or regulated tenancy – that is, they will betreated as if the landlord was still resident.

1.12 Does an existing agreement still apply ifthe property changes hands?

If there is an existing tenant in the property whenthe new owner buys or inherits it, the tenancy willcontinue with the new owner, and the terms ofthat tenancy will be binding on him even if he didnot know of its existence.

This does not apply to licences, which will generallycontinue only if an appropriate agreement isentered by the new owner. But this may be affectedby what is known and agreed to at the time whenownership changes, for example if the licensee waspart-way through a fixed-term arrangement.

2. Before arranging a let – somepoints to consider

2.1 Does the let have to be for a set period orcan it run indefinitely?

This is something for both parties to agree at theoutset. There is no minimum length of time thatyou must allow the let to run for. Usually it will runindefinitely from one rent period to the next – aperiodic letting; or may be agreed to last for anumber of weeks, months or years – a fixed termletting. The nature and length of the let can beimportant for giving notice when either you or theoccupier wants to end it.

A tenancy must be for an agreed term, eg weeklyperiodic or a fixed term of three months. If no termis expressly agreed, the letting will be a periodictenancy, and the term will be whatever period therent is payable on (usually weekly or monthly).

Licences can be more flexible. Although it is normalto agree a licence to run from term to term, or afixed length of time, as above, it is also possible forit to be entirely open-ended. This would becommon in informal arrangements, for exampleallowing a friend to stay on an ‘as-and-when’ basis.

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But you could not charge rent on an open-ended orirregular basis, in order to call the let a licence, ifthe reality of all the facts of the situation (especiallyif the occupier had exclusive possession) pointed toit being a tenancy.

2.2 I’m an owner-occupier. Do I needpermission to let out part of my home?

If you own the property outright, you do not needpermission from anyone to let.

If you have a mortgage on the property, it is inpractice essential to get the mortgage lender’sagreement to let part of the property first:otherwise, you are likely to be in breach of themortgage terms. If you are a long leaseholder, youshould check the terms of the lease to ensure thatyou can let part of the property and, if necessary,get the freeholder’s agreement first. In either ofthese situations, if your rights in the property end(eg because the mortgage lender forecloses due tomortgage arrears, or the freeholder terminates thelease because of a breach by the leaseholder), sowill the sub-tenant’s.

2.3 I’m a tenant. Can I sublet part of theproperty or take in lodgers?

If you are a secure council tenant, you have theright to take in a lodger, but cannot sublet withoutthe council’s written permission (see housingbooklet Your Rights as a Council Tenant). If you arethe tenant of a registered social landlord (such as ahousing association), you can probably let any spare

accommodation, with your landlord’s consent, butshould check first. If you are a private tenant, youshould check the terms of your tenancy. If there hasbeen nothing agreed to the contrary, in many casesthe tenant would be free to sublet. However, inpractice most private tenancies prohibit subletting:because there is something in the written tenancyagreement to this effect (either absolutely or withoutthe owner’s permission) and/or because assured(including assured shorthold) periodic tenancies havethis prohibition implied. But a tenant can of courseask his or her landlord for permission anyway.

A tenant who has sublet in defiance of theseprohibitions cannot use this as justification fordenying his own tenant or licensee her rights, forexample by evicting her illegally. Also, theserestrictions only apply where the intendedarrangement is for the tenant to “part withpossession” of some of the property: if, forexample, you were informally having a friend tostay, or taking in a lodger who you would beproviding services to, you would probably not begiving exclusive use of any of the accommodation.

Again, if any of these types of tenancies comes toan end, so generally will the sub-tenancy.

2.4 Will my home insurance cover be affectedif I let part of my home?

It is very likely that insurance premiums will beincreased by allowing someone to share the home,because of factors such as accidental damage. It isextremely advisable to check for both contents

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cover and building cover; and if existingarrangements will not provide cover if part of theproperty is let, to arrange to extend the cover. (seealso section 2.10)

2.5 Do I need planning permission or otherconsent from the local council?

If you are intending to make physical alterations tothe property, it is advisable to check what isproposed with the local council’s PlanningDepartment. New adaptations must also complywith Building Regulations (for safety of buildings),and again it would be sensible to seek priorapproval of plans from the local council’s BuildingControl Department. Making these checks isespecially likely to be important if you are thinkingof doing substantial conversion work, such asturning part of the house into a self-contained flat.

You would not need planning permission simply forletting rooms, so long as the property remainsprimarily your home: but there could be a planningconsideration if you were to use it mainly to earnmoney from letting accommodation.

If rooms in the house are let to several people, it maybe classed as a house in multiple occupation (HMO).Local councils have the power to licence certain typesof HMOs in order to protect occupants fromproblems that can arise in shared accommodation.

If there are a maximum of two other persons residingin the buliding, it will not be an HMO at all. If there

are four or more other persons and the HMO is threestoreys or more it will be subject to mandatorylicensing. In any other case the HMO may be subjectto licensing, but only if the council has made anadditional licensing scheme. (For further informationplease see Licensing of Houses in MultipleOccupation in England, A Guide for Landlords andManagers booklet available at:www.communities.gov.uk).

For the purpose of calculating the number of personsliving in the HMO the resident landlord and hishousehold (if any) count as one person.

A landlord who is intending to let rooms to severalpeople who do not form a single family should checkwith their local council’s Housing or EnvironmentalHealth Department to enquire about HMO licensing.

2.6 What facilities should be provided?

You are free to decide most of these things withthe person you let to, subject to the basicrequirements of general housing law: you shouldprovide access to kitchen, washing and toiletfacilities (but these can be either the ones that youuse or separate).

If the property is an HMO and is subject to licensingthe local council will require minimum amenitystandards for the number of occupants (such astoilets and washing facilities).

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2.7 If my property is a HMO will I be subjectto management regulations?

If your property is a HMO you will be subject tomanagement regulations. This requires all landlordsor managers of HMOs, whether or not they arelicensable, to ensure the good day-to-daymanagement of HMOs and that necessaryequipment is maintained in good condition. Forexample, you would be responsible for ensuringmatters such as cleanliness of shared areas, safetyof means of access, and adequate provision fordisposal of rubbish. The other occupants of thehouse must not do anything that hinders you inthese duties. The local council has powers to takeaction where the condition of an HMO does notcomply with requirements.

2.8 What steps might I take to help preventproblems in the future? (for example,asking for a deposit)

It is common to ask the intending occupier forreferences (personal, or from his or her employer orbank) before agreeing the let. You are also entitledto take a deposit before the person you let tomoves in, to act as security in case he or she leavesthe property owing you money, or to pay for anydamage at the end of the letting. The amount ofdeposit is negotiable, but a month’s rent is usual.

In a written agreement, it should be stated clearlythe circumstances under which part or all of thedeposit may be withheld at the end of the let. It isadvisable for both parties to agree a list of

furniture, kitchen equipment and other items in theproperty at the outset of the letting and to havethis rechecked when it ends in order to avoiddisagreements. In any case, taking photographs ofthe interior of the accommodation when the letstarts can also be a useful way of recording itscondition, in case of any later dispute about whatdamage has been caused. Especially where there isno written agreement, it is a good idea generally todiscuss beforehand any issues such as whetherguests can stay, when music can be played, to helpprevent future friction or misunderstandings.

If you take a deposit, it may be advisable to keepthe deposit in a separate bank account so that itcan be returned easily at the end of the lettingunless the conditions for withholding it are met.

If the person you are thinking of letting to can’tafford a deposit, there are schemes operating insome areas which guarantee rent or the cost ofdamage for a specified period. Check with the local council’s Housing Department or HousingAdvice Centre.

2.9 Does there have to be an agreement inwriting?

Not unless the let is a tenancy for a fixed term ofmore than 3 years. But it is advisable to have oneanyway, as this will make it easier to sort out anydisagreements which may arise later. Even if thereis nothing in writing, both parties must still dowhatever they agreed to, except where this conflictswith their legal rights and responsibilities (see below).

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Prior to 1 December 2003 a tenancy agreementwas a stampable document and should have beensent or taken to the Stamp Office for stamping inorder for it to have validity if it was subsequentlyused in court.

Stamp Duty Land Tax (SDLT) was introduced on1 December 2003 to replace Stamp Duty. Detailsare in the HM Revenue and Customs leaflet SD3A guide to leases. This is available at:www.hmrc.gov.uk, or by Orderline 0845 302 1472.

You can also ask for more advice about StampDuty Land Tax (SDLT) by ringing the Helpline on0845 603 0135.

2.10 Is there a standard form of agreement?

You can draw up your own agreement, but it isrecommended to seek legal advice to ensure that it does not conflict with the duties imposed onlandlords and occupiers by legislation, which willautomatically override any contradictory termsagreed. Suitable items to cover might include:

• how long the letting will last (eg whether it is fora certain number of months, or runs from weekto week)

• how much rent the occupier has to pay, and anyarrangements for review if necessary

• how much notice each party will give the otherto end the letting (but note that the lawgenerally covers this)

• what meals or services will be provided, if any.

Legal stationery companies produce tenancy/licenceagreements which have been drawn up usingstandard clauses. These can be adapted to suit thearrangements desired, but again, it may beadvisable to take legal advice on what adaptationsmay be necessary for your own situation.

The Unfair Terms in Consumer Contracts Regulationsapply to tenancy and licence agreements, and if aterm is found to be unfair it is not enforceable. TheOffice of Fair Trading publishes guidance as to whatis and is not considered “unfair”; this includesissues such as use of plain English in an agreement;and in standard agreements, one party being givenmore right than the other to cancel a contract, orunreasonable restrictions.

2.11 Where can I get further advice?

Advice on general legal issues can be obtained fromCitizens Advice Bureaux, the local authority’sHousing Advice Centre or Housing Department, ora solicitor. The Community Legal Service Directory inlibraries (see also Appendix C) gives listings of whatadvice sources are available for the local area.

You may also be able to find out from the localauthority how you can join a landlords’ association,which will be able to give advice on a wide range ofissues. Some associations can help landlords toobtain lower insurance premiums through blockarrangements they have negotiated with insurancecompanies.

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3. Charging for rent and other bills 3.1 Are there any rules about the amount of

rent I can charge?

You are free to agree this with the occupier – forresident landlord lettings agreed since 15 January1989 there is no means for the occupier to objectto the amount of rent he or she is being charged.(see Appendix B for rules that apply to most letsstarted before this date)

It is usual to ask for rent in advance, eg at the startof the month if it is paid monthly.

3.2 How often (and by how much) can I putthe rent up?

Again, there are no rules specifically about rentincreases, but if you have agreed a rise with theoccupier, you cannot put the rent up by more thanthis. If the arrangement is for a fixed term, itcannot go up within that time unless this has beenagreed, for example in a tenancy agreement. Youare free to raise the rent at the end of the fixedterm, if you agree a new let with the occupier.

If the let is periodic or completely open-ended, thenunless the parties have made arrangements for rentreview as above you can increase the rent fromterm to term as you wish.

In either case it may be helpful to agree when andby how much the rent will go up at the outset, andhave this included in an agreement. However, if a

standard agreement is being used, any rent reviewclauses should be reasonably specific about dateand amount of increase, in order to comply with theunfair contract terms legislation (see section 2.10).

3.3 Must I provide a rent book?

You are legally obliged to provide a rent book if therent is payable on a weekly basis. This must by lawcontain certain information about overcrowding, soit may be advisable to check a standard oneavailable from law stationers’. However, manystandard rent books are for tenancies not relevantto lets by resident landlords; so if you do decide touse a standard one, you may need to adapt it sothat inapplicable information is removed.

Even where there is no requirement to provide arent book, you should give a receipt if asked. Youshould also keep your own record of rent paymentsto help avoid disagreements later.

3.4 Who is responsible for Council Tax?

If the occupier lives in a self-contained flat (even ifpart of your house), it is likely that the local councilwill bill him or her directly for Council Tax. If he orshe only rents a room or rooms at your address,you will normally be responsible for paying theCouncil Tax. But you can ask the occupier for acontribution or include an amount to cover the cost of Council Tax in the rent charged (see alsosection 6.1). However, who is responsible for payingCouncil Tax can also depend on the terms of theagreement entered into. If there is any doubt as

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to who is liable to pay Council Tax, contact the local council.

3.5 What about other domestic bills?

Whether the tenant or licensee is billed directly ornot is a matter for agreement, although it isunusual for utility companies to send separate billsunless the property has been converted into flats.The more usual arrangement is for the landlord toinclude an amount in the rent to cover the cost ofwater, gas and electricity that the occupier uses.Alternatively, for electricity charges you mightconsider installing a pre-paid meter or record theoccupier’s consumption and then recharge him orher separately for it. The resale of electricity (andgas) is subject to maximum resale prices, whichdepend on the gas or electricity supplier that youuse. More information on these prices is in theEnergywatch leaflet, Maximum Resale Price –see Appendix C. However, the maximum resalecharges do not apply if a flat rate is charged tocover the occupier’s usage, or if rent is charged onan all-inclusive basis.

3.6 Can the person I let to get help withthe rent?

If the occupier is on a low wage or claiming otherbenefits, he or she may be able to get housingbenefit from the local authority to cover part or allof the rent.

The amount of benefit payable by the localauthority will depend on the occupier’s income and

savings. Benefit to meet the full rent can only bepaid for rents which are at or below the averagelevel of rent for accommodation of the same size inthe locality, where the occupier is inaccommodation only as large he or she needs, andwhere the rent is not higher than for property insimilar condition in the locality. For single claimantsunder the age of 25, this means that benefit isrestricted to the average rent for a singlenon-self-contained room (ie with shared use ofkitchen, bathroom and living-room).

If the rent officer finds that the accommodation islarger than is reasonable for the claimant’s needs,the rent will be restricted to the average level ofrent for accommodation of an appropriate size.

The rules on housing benefit are complicated, andthis is only a very general outline of the rules. Thelocal authority’s Housing Benefit Department will beable to provide leaflets and advice about howhousing benefit payments are calculated and paid.

3.7 Can housing benefit be paid direct to me?

The local authority can arrange this if you and theclaimant agree. Direct payments are also made insome other circumstances – for example, if thereare rent arrears. But you should make sure that youunderstand the rules and procedures for recoveringoverpayments of benefit before arranging to receivebenefit direct.

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3.8 Is it possible to find out how much rentwill be covered by housing benefit beforeagreeing the let?

You and the prospective occupier can apply jointlyto the local authority’s Housing Benefit Departmentfor a Pre-Tenancy Determination. The local authoritywill ask a rent officer to make an assessment of themaximum amount of rent which will be met byhousing benefit before the let has commenced. Thiswill help decide whether the person you arethinking of letting to can afford the rent, althoughthere is no guarantee that benefit will actually bepaid at this level.

An occupier can also apply for Housing Benefitwithout having to tell her landlord that she isclaiming.

4. Repairs, maintenance and safety

4.1 Who is responsible for repairs andmaintenance?

Responsibility for major repairs generally rests with thelandlord. For general information, see Communitiesand Local Government booklet “Repairs”, listed inAppendix C – however, the Landlord and TenantAct 1985 applies to tenancies but not licences. Buta home must be fit for habitation whatever thearrangement of people living in it.

It is especially important to agree responsibility forother repairs where you and the occupier live invery separate parts of the house, for example if it is converted into flats. Unless there is expressagreement to the contrary, you will retainresponsibility for common parts, such as staircases.

A tenant is under a duty to use the property in aproper, “tenant-like manner”, and you would notbe responsible for repairing damage caused by hisor her failure to do so. You may particularly wish toensure when taking a deposit or drawing up anagreement, that it is clear that the occupier will beheld financially responsible for damage due to hisor her acts or omissions.

4.2 Are there any rules about gas andelectrical safety I need to know?

You must ensure that all gas appliances andinstallations you supply are maintained in good orderand that an annual safety check is carried out by

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someone who is registered with CORGI (Council forRegistered Gas Installers). You must keep a record ofthe safety checks, and must usually issue it to theoccupier within 28 days of each annual check. Theoccupier is responsible for maintaining gasappliances which she owns or is entitled to takewith her at the end of the letting. Further guidanceis in the leaflets, Gas appliances – Get themchecked, keep them safe and Landlords – A guide tolandlords’ duties: Gas Safety (Installation and Use)Regulations 1998, from the Health and SafetyExecutive – see Appendix C.

By law, you must ensure that the electrical systemand any electrical appliances supplied with the letsuch as cookers, kettles, toasters, washing machinesand immersion heaters are safe to use. If you aresupplying new appliances, you should also provideany accompanying instruction booklets.

4.3 What are the rules on fire safety offurniture?

If you supply furniture or furnishings with the let,you should ensure that they meet the fire resistancerequirements – sometimes known as the ‘matchtest’ – in the Furniture and Furnishings (Fire) (Safety)Regulations 1988. The Regulations apply if it isconsidered that the landlord is acting in the courseof a business in letting the property, ie where he orshe views the property primarily as a source ofincome rather than as his or her home. This meansthat in some resident landlord arrangements it maybe unclear whether the Regulations apply, in whichcase it could be advisable to get legal advice.

The Regulations set levels of fire resistance fordomestic upholstered furniture such as sofas andmattresses. All new and second-hand furnitureprovided in accommodation under a new let, orreplacement furniture in existing let accommodation,must meet the fire resistance requirements unless itwas made before 1950. Most furniture will have amanufacturer’s label on it saying that it meets therequirements. Your local authority’s TradingStandards Department enforces the Regulations andcan advise on their applicability. There is also furtherguidance in the booklet, A Guide to the Furnitureand Furnishings (Fire) (Safety) Regulations, from DTIConsumer Safety Publications – see Appendix C.

4.4 Are there any other fire safety issues to beaware of?

Not specifically for rented accommodation(although if the property is a House in MultipleOccupation fire safety could be an importantconsideration – see sections 2.5-2.6). But as for anyother home, it is generally a good idea to ensurethat the occupier ‘knows their way round’ thehouse, to help prevention and escape from fire.Smoke alarms are strongly advised: ideally oneshould be fitted on each floor of the property. It isalso highly recommendable to keep at least a fireblanket in the kitchen; and depending whether, forexample, several people are likely to be cookingand/or smoking, having a fire extinguisher could bea sensible precaution. For more information,Communities and Local Government publishes theleaflets, Fire safety in the home, Fire safety forpeople in shared or rented accommodation and Fireequipment for the home.

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Alternatively, visit the website www.firekills.gov.ukfor the full list of leaflets published and for furtherfire safety advice.

4.5 What access rights do I have?

You, or your agent, have the legal right to enter theoccupier’s accommodation at reasonable times ofday to carry out the repairs for which you areresponsible and to inspect the condition and stateof repair of the property. For tenancies, the landlordmust give 24 hours’ notice in writing of aninspection. For licences where unrestricted access isagreed, or required for the landlord to carry out hisor her responsibilities, it is not necessary to givenotice. It may be helpful to include thearrangements for access and procedures for gettingrepairs done in a written agreement. In anemergency, you can enter without giving notice.

A tenant has the right to ‘quiet enjoyment’. Thismeans that he or she has the right to use theproperty he or she is renting without unnecessaryor unreasonable interference.

4.6 What if I can’t gain access?

You should seek legal advice if the occupier will notallow access for an inspection or to carry outrepairs. But you can take whatever steps arereasonably necessary to protect your own andothers’ property, particularly in an emergency. Youmight even be under a duty to take prompt actionwhere a problem could affect other people.

5. Ending a letting5.1 How can a let be ended?

This depends very much on whether it is for a fixedterm, or a periodic or open-ended arrangement (seealso section 2.1), and also on the nature of the let(see section 1.4). The requirements in this chapterapply to lettings started after 15 January 1989 – seeAppendix B for information on lettings startedbefore this date.

If the arrangement is an open-ended or periodicone, either you or the occupier is free to bring it toan end at any time, but must notify the other partythat the letting will be ended. This is known asgiving notice to quit.

If it is for a fixed term, it will simply expire on theagreed date without either party having to givenotice. However, it may be advisable to remind theoccupier before the end of the fixed term that youwant her to leave. The arrangement cannotnormally be ended before the end of the fixed termunless both parties agree.

Whatever kind of arrangement, an offence will becommitted if you evict the occupier before his or hertenancy or licence has been properly brought to anend (or expired, if a fixed term).

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5.2 For a periodic or open-ended let, howmuch notice must be given to bring it to anend? How should I or the occupier givenotice to quit?

For non-excluded tenancies and licences, noticemust be of at least whichever is the longest of:

• four weeks, or

• the term of the let, if any (for example, a monthif rent is paid monthly), or

• whatever has been agreed between the partiesand, for a periodic tenancy, end on the last dayof a period (usually the day rent is due). It mustbe served in writing; if it is served by thelandlord, it must include certain specifiedinformation (see appendix A – pre-printed formsare available from law stationers). Notice to quitshould be clear and accurate about the propertyand the tenant or licensee it is addressed to.While some minor errors that could not misleadthe recipient may be overlooked, defects in thecontent or timing of a notice will make it invalid.

For excluded tenancies, unless you and the tenantagree otherwise, notice must be at least the lengthof the period and end on a rent day. However,there is no four-week minimum (so, for example, aweekly tenancy could be ended with a week’snotice), and you and the tenant are free to agree inadvance that notice should be shorter or longer.Notice does not need to be written (so there are no

requirements for prescribed form), but it is a goodidea to give it in writing anyway, in case of futuredispute. However it is served, it must still be clear andbe timed properly in order to be valid.

For excluded licences, the notice required is simply thelonger of whatever has been agreed between theparties (if anything) and what is ‘reasonable’.Reasonableness can ultimately only be decided by thecourts, but is a matter of fairness and common sense:for example, taking into account the licensee’sconduct, or how easy it would be for him or her tofind alternative accommodation. Notice of the samelength as would be required for a similar tenancywould normally be considered reasonable, but if thereis likely to be a dispute it would be necessary to takelegal advice. Again, there is no need in law for noticeto be in writing, but it is recommended to do so.

5.3 Can I end a fixed-term arrangement early?

Yes, if there is something in the agreement allowingyou to terminate the arrangement if the occupierbreaks it. But you would not be able to end thearrangement for this reason if, for example, the rulethat had been broken came from an unfair term in astandard contract. You might still have to apply for acourt order if the occupier refused to leave – seesection 5.5. In that situation you would have to provethe breach of agreement to the court. Even for anexcluded tenancy or licence (where no court order isrequired to remove the occupier at the end of a let), theoccupier could bring the case before a court if he orshe challenged the lawfulness of the early termination.

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If there is no fault on the part of the occupier, thenyou could only end the let early if the occupieragrees, or if it is allowed for by a ‘break clause’ inthe agreement.

5.4 Can the occupier leave during a fixed-term let?

If the occupier has a fixed term arrangement butwants to move out before the end of the term, heor she can only end it if you say so, or if this isallowed for by a ‘break clause’ in the agreement. If neither the terms of the let nor you allow theoccupier to end the arrangement early, he or shewill be contractually responsible for ensuring rent is paid for the entire length of the fixed term.However, this does not mean that you wouldnecessarily be able to claim for the whole term’srent if the occupier leaves early: there is also aresponsibility on the landlord in this situation to tryto cover his or her losses in other ways, notably bytrying to re-let the accommodation.

Sometimes a tenant may be able to find someoneelse to take his or her place. Unless the terms ofthe let prohibit this, he or she will be able totransfer, or assign, the tenancy, unless you object(which you cannot do unreasonably).

5.5 Do I need to get a court order if theoccupier refuses to leave?

For a non-excluded licence or tenancy, evictionmust only be via a possession order from the court.For an excluded licence or tenancy, there is no legal

requirement for you to get a possession order solong as notice has been correctly given. However, alandlord who finds him or herself with a formertenant or licensee who refuses to leave is stillstrongly advised to apply to the court for eviction. It is a criminal offence for a landlord – or someoneworking on his or her behalf – to use force to makean occupier leave against the occupier’s will, evenwhere the tenancy or licence has been properlybrought to an end (or expired, if a fixed term). It isalso an offence to use threats of force.

5.6 How do I go about getting a courtpossession order?

You should contact the county court for theappropriate forms, which you fill in and submit tothe court with any relevant documentation relatingto the claim. The court then normally serves thesummons and details of the claim by post on thetenant or licensee, notifying him or her and you ofthe date of the hearing. The tenant or licensee willalso receive a defence form, which he or she shouldcomplete and return to the court, especially if he orshe disagrees with anything you have said orbelieves he or she has a good reason for beinggiven more time to leave: the time limit for this is14 days. Both parties should attend the hearing.

5.7 Are there any circumstances in which I canget a court order quickly?

Yes – there is a summary possession procedure, butit can only be used if the arrangement was alicence. You will have to establish that the licence

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has come to an end before making an applicationunder it.

If you do not use this faster procedure (for example, ifyou cannot because the arrangement was a tenancy),it is still open to you to request an early date for thehearing if there are particular reasons why this isnecessary (eg, if you are being harassed by theoccupier). But the date set for the hearing will stilldepend on how much other business the court has todeal with.

If you are thinking of using either of theseapproaches, you should explain the situation tocourt officials and they will explain how to apply.

5.8 Am I guaranteed to get possession?

Whether the letting was a tenancy or a licence, thecourt will award possession to you, where there isno question that the let has properly come to anend and where you have followed the correctprocedures for regaining possession . The court can,however, postpone the date when the possessionorder comes into effect: usually for two weeks, butthis can be a maximum of six weeks.

If the occupier does not leave by the date specified,you must apply to the court for a warrant foreviction. The court will arrange for bailiffs to evictthe occupier. It is an offence for an occupier toobstruct the bailiffs in carrying out the eviction.

5.9 What about rent and any arrears?

When making a claim for possession, you caninclude details about any unpaid rent you wouldlike the court to include in the order it makesagainst the occupier. Alternatively, if the amount inquestion is less than £5000, you can claimseparately against the occupier for it through theSmall Claims Court. You could also do this if theoccupier had already left the property (so making apossession order unnecessary) owing rent.

5.10 Rather than seek a possession order, can Ichange the locks to prevent the occupierfrom entering the premises?

It is an offence to change locks to exclude anyoccupier before his or her tenancy or licence hasbeen properly brought (or come) to an end; and inthe case of a non-excluded tenancy or licence,unless a court order has been obtained.

For an excluded tenancy or licence, you could inprinciple take steps to exclude the occupier oncethe letting arrangement is clearly and validly at anend. However, if you are considering doing so youshould take legal advice. This is especially importantif the occupier still has belongings left in theproperty, since he or she could have a claim againstyou if they got damaged.

5.11 What if the occupier is causing me trouble?

Problems between a landlord and tenant or licenseecan be particularly awkward when both parties live

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in the same house. Sometimes the trouble is due toa clash of lifestyles (for example, loud music) ratherthan one person deliberately setting out to causedifficulties for another. If this is the case, it may beworth talking over the problem in the first instance.The local council may have a Tenancy RelationsOfficer who can mediate in cases of dispute(although he or she cannot force either party to doanything).

In the context of letting arrangements, ‘harassment’against a tenant or licensee is a very broad term,used loosely to cover a range of activities that aredesigned either to undermine an occupier’s sense ofsecurity, or to force him or her to give up theproperty. It is a criminal offence for a landlord (orsomeone acting on his or her behalf) to drivesomeone out of his or her home – or stop theoccupier from using part of it if he or she has thelegal right to live there – by bullying, violence,withholding services such as gas or electricity, orany other sort of interference. Local authorities(usually through the Tenancy Relations Officer, orthe Housing Department or Environmental HealthDepartment) can take legal action in this situation,including prosecution if they think it is appropriate.

If the occupier is behaving badly towards you (or amember of your family), you should seek advicefrom a solicitor or Citizens’ Advice Bureau. Youshould always serve the correct procedure forserving notice (and seeking a court order ifnecessary) if you want the occupier to leave.

6. Money issues6.1 Will letting rooms affect the Council Tax

bill for the property?

Yes, if you are receiving the single person discounton your Council Tax. This will cease if you allowanyone else to live in the property (unless theadditional occupiers are all exempt from Council Tax,such as students). See also sections 3.4 and 6.4.

6.2 Is rental income taxed?

Usually a landlord’s rental income will be consideredas part of his or her overall taxable income. The taxto be paid will then depend on how much profit heor she has earned over his or her personal taxallowances. This is calculated by setting against therent expenses of letting, including things likereplacing fixtures or furniture, or a ‘wear and tear’allowance.

Alternatively, a resident landlord can take advantageof the Rent a Room allowance; but only if the let isof furnished rooms rather than, for example awhole converted flat which is part of the house.Under this allowance, the first £4250 per year grossreceived from letting is tax-free. This is an overalllimit per landlord (although it may be halved ifsomeone else in the property also receives incomefrom letting – for example if the landlords are acouple who own the home jointly), not per room orper person let to. If you claim the Rent a Roomallowance, you cannot claim any expenses or capitalallowances (rent over the limit is taxed as for other

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income, ie with no deductions allowable forexpenses). However, you can calculate whether thisor the normal method is better for you in anyparticular year and tell your tax office which one youwant to apply (this will then continue until you informthem that you want to use the other method).

Normally, income from property isn’t tradingincome, even where the landlord works full-timerunning a rental business. However, you mayprovide additional services to the occupier that gowell beyond what a landlord would normallyprovide, for example offering breakfast as part ofthe let of the room, or extensive cleaning services.The income from the whole package of letting plusservices may then be treated as a trade. This is likelyto be the case only where you were running aguest-house or bed-and-breakfast business.Alternatively, the income from services alone maybe counted as trading income. Any trading incomeis taxed separately from rental income. In manycases it does not make any practical differencewhich kind the income is treated as. However if youwere to make a trading loss this could be offsetagainst your other income for the same year,whereas a loss made in renting can only be offsetagainst future years’ rental profits.

Income tax applies whether you own the property,or are a tenant yourself. For more information, youcan get the HM Revenue and Customs bookletsLetting and your home IR87 and (for more detail)Taxation of rents IR283 from most Tax EnquiryCentres and Tax Offices.

6.3 If I sell the property, will relief fromCapital Gains Tax be affected by some of ithaving been let?

When a property is sold, tax may be payable on thegain made. Where the whole of the property wasoccupied as the owner’s home throughout his or herownership, the sale is exempt from tax; an ownercan take in one lodger and still be exempt, so longas no part of his or her home has been let.

If you have let part of the property, the proportionof the gain that is taxed depends on whatproportion of your home was let and how long for.You may be able to claim lettings relief againstCapital Gains Tax on the let part. But this will onlyapply if the let part is still such that overall theproperty can be considered as one dwelling – so, forexample, while letting a bedsit would qualify,lettings relief is not available if the let part of theproperty was a self-contained flat.

For more information, see Letting and your homeIR87 or the HM Revenue and Customs HelpsheetPrivate Residence Relief IR283 available fromOrderline 0845 6055999.

6.4 If I am on benefit (such as IncomeSupport, Housing Benefit or Council TaxBenefit), will letting accommodation affecteligibility?

Yes. Any income received is taken into account whenworking out entitlement to benefits. Also, in somecases, even if the occupier pays little or nothing to

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the landlord and shares his or her accommodation,benefit may be calculated taking into account howmuch he or she could reasonably be expected topay. This generally applies only for letting-to-relatives type arrangements. You should check withyour local benefits office.

Appendix A: Form of words that mustbe used in a notice to quit

(a) If the tenant or licensee does not leave thedwelling, the landlord or licensor must get anorder for possession from the court before thetenant or licensee can lawfully be evicted. Thelandlord or licensor cannot apply for such anorder before the notice to quit or notice todetermine has run out.

(b) A tenant or licensee who does not know if hehas any right to remain in possession after anotice to quit or a notice to determine runs outor is otherwise unsure of his rights, can obtainadvice from a solicitor. Help with all or part ofthe cost of legal advice and assistance may beavailable under the Legal Aid Scheme. He shouldalso be able to obtain information from aCitizen’s Advice Bureau, a Housing Aid Centre, a rent officer or a Rent Tribunal Office.

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Appendix B: Special rules that apply tolettings made before 15 january 1989What is different about lettings started beforethis date?

The legal requirements for giving notice and gettingpossession of property could in some circumstancesbe more stringent, although you or the occupierwould still be free to bring the arrangement to anend and the court must still award possession solong as the correct procedures have been followed.It would also be easier, if you do not always live inthe house, to still be considered as ‘resident’.

A letting made by a resident landlord before15 January 1989 will probably be a restrictedcontract, whether it is a tenancy or a licence. Nonew restricted contracts can be created after thisdate. Someone occupying under a restrictedcontract would generally have more rights withregard to rent and security of tenure than if his orher letting began after 15 January 1989. If the letstarted before August 14 1974, he or she may havea full regulated tenancy.

What are the provisions on rent?

In a restricted contract, you and the occupier arefree to decide the rent as for post-January 1989lettings, and indeed if you have agreed a new rentsince this date the letting will have ceased to be arestricted contract and the rent can only be set asfor lettings started since January 1989. If you arerequired to provide a rent book (see section 3.3),

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this must contain the additional informationprescribed for restricted contracts.

If you and the occupier cannot agree a change inrent, either party can apply to a Rent Tribunal forit to fix a reasonable rent. The rent it sets – whichmay be higher, the same as or lower than theexisting rent – will be the maximum that you cancharge. Normally the Rent Tribunal will not consideran application for a new rent within two years ofthe last registration; the exceptions are either if youand the occupier apply jointly, or that either partyapplies on the grounds that there has been a changeof circumstances which means the registered rent isno longer reasonable.

Either you or the occupier can get an applicationform for a Rent Tribunal from Rent AssessmentPanel offices (a list of these is at Appendix D).Tribunal members may visit the property, and beforesetting a rent will hold a hearing which both partiescan attend.

How must I or the occupier give notice to quit?

The requirements are mostly the same as forequivalent tenancies and licences starting after15 January 1989 (sections 5.1-5.2). The differenceis for tenancies where accommodation is sharedbetween you and the tenant (for definition, seeexcluded tenancies, section 1.4-1.5), where therequirements are the same as for non-excludedtenancies listed in section 5.2 (minimum 4 weeks,prescribed information etc).

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What if the occupier refuses to leave at theend of notice I have given?

In almost all circumstances, you must get a courtorder, since it is a legal requirement for restrictedcontracts even in arrangements which are excludedlicences (the only exception is for excluded licencesstarted before 28 November 1980, where it is notnecessary to obtain a court order). But whether acourt order is legally required or not, it is stillstrongly advisable to get one – see sections 5.5-5.10.

What additional rights do restricted contractholders have with regard to security?

If the restricted contract started after 28 November1980, you have served notice to quit and havebrought court proceedings for possession, the courtwhen making an order can defer possession for upto three months. The Rent Tribunal does not haveany powers to intervene in the notice to quit thelandlord gives or the possession procedure.

If the restricted contract pre-dates 28 November1980 and you have served notice to quit, theoccupier can apply to the Rent Tribunal to defer thedate when it comes into force – the Rent Tribunalcan postpone it for up to 6 months. But theapplication must be for a rent registration anddeferral: the Rent Tribunal cannot consider anapplication for postponement alone. You can applyto have the period of deferral reduced if theoccupier misbehaves. If the occupier does not leave

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at the end of the period and you bring courtproceedings, the court cannot defer the date ofpossession.

How is a landlord considered to be resident,and what does this mean for a tenant if I don’tlive there all the time?

Under the Rent Act 1977, a landlord is resident ifhe or she has used the house as a residence (ratherthan necessarily his or her only or main home, asfor arrangements starting after 15 January 1989)both at the start of and throughout the tenancy.Because someone can have more than one home,this means that even if you spend much of yourtime elsewhere you can still be considered to beresident. So it is difficult for a tenancy startingbefore 15 January 1989 to be ‘upgraded’ to aregulated tenancy in the way that a tenancystarting after this date can become assured orassured shorthold (see sections 1.3 and 1.10). Evenif you do not spend enough time living in the houseto count as resident, the tenancy still cannotbecome regulated if you and the tenant share livingaccommodation (eg kitchen or living-room, but ashared bathroom or toilet doesn’t count).

What is the position if the let started before14 August 1974?

It is likely to be a regulated tenancy, rather than arestricted contract. But only if:

• it is a tenancy, not a licence (see section 1.5)

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• you and the tenant do not share any livingaccommodation (except a bathroom or toilet)

• the tenancy is unfurnished (or any furnitureprovided has relatively low financial value tothe tenant)

In practice, any such arrangement that still exists ismost likely to be where the landlord has let out aself-contained flat. The tenant has full security oftenure under the Rent Act 1977 (that is, you mustbe able to prove one of certain reasons forpossession to a court if you want to get apossession order) and the right to have a fair rentregistered. More information is in the RegulatedTenancies booklet.

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Appendix C: Addresses for other leafletsand bookletsAssured and Assured Shorthold Tenancies – a guidefor landlordsRegulated TenanciesRepairs – a guide for landlords and tenants

These publications are also available on theCommunities and Local Government Housingwebsite: www.communities.gov.uk/housing

For further copies please write to:Communities and Local Government PublicationsPO Box No. 236WetherbyLS23 7NBTel: 0870 122 6236Textphone: 0870 120 7405Fax: 0870 122 6237email: [email protected]

or

Welsh Assembly GovernmentMerthyr TydfilRhydydarMerthyrCF48 1UZ

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Health and Safety Executive Department ofTrade and IndustryWebsite www.hse.gov.uk Website www.dti.gov.uk

HSE Books DTI Publications OrderlineTelephone 01787 881165 Telephone 0845 015 0010PO Box 1999 Response CentreSudbury 1 Victoria StreetSuffolk CO10 6FS London SW1H 0ET

Community Legal ServiceWebsite www.justask.org.ukTelephone 0845 608 1122Textphone 0845 609 6677

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Appendix D: Addresses of rentassessment panels and areas coveredLondon All London Boroughs10 Alfred PlaceLondon WC1E 7LR020 7446 7700

Eastern BedfordshireGreat Eastern House BerkshireTension Road BuckinghamshireCambridge CB1 2TR Cambridgeshire0845 100 2616 Hertfordshire

OxfordshireSuffolkNorfolkNorthamptonshireLutonMilton KeynesPeterboroughSouthend-on-SeaThurrock and Essex

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Midland Staffordshire2nd Floor East Wing ShropshireLadywood House Herefordshire45-46 Stephenson Street WorcestershireBirmingham B2 4DH West Midlands0845 100 2615 Warwickshire

LeicestershireDerbyshireNottinghamshireRutlandStoke-on-TrentThe Wrekin

Northern Blackburn20th Floor BlackpoolSunley Tower CheshirePiccadilly Plaza CumbriaManchester M1 4BF Darlington0845 100 2614 Durham

East Riding of YorkshireGreater ManchesterHaltonHartlepoolKingston-upon-HullLancashireLincolnshireMerseysideMiddlesbroughNorth East LincolnshireNorth LincolnshireNorth YorkshireNorthumberlandRedcar & ClevelandSouth YorkshireStockton-on-TeesTyne & WearWarrington

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West YorkshireYork

Southern Hampshire 1st Floor East and West Sussex1 Market Avenue SurreyChichester KentWest Sussex PO19 1JU Isle of Wight0845 100 2617 The Medway Towns

PortsmouthSouthamptonBrighton and HoveWiltshireDorsetDevonThe County of Bath and North East SomersetNorth West SomersetSomersetBournemouthCity of BristolCornwall and Isles of ScillyGloucesterSouth GloucesterPlymouthPooleSwindon and Torbay

Wales1st FloorWest WingSouthgate HouseWood StreetCardiff CF10 1EW029 2023 1687

Published by the Department for Communities and Local Government

and the Welsh Assembly Government.

© Crown Copyright 2002. Reprinted in the UK February 2007

on paper comprising not less than 75% post-consumer waste.

Product code 06 HC 04312.