Are you experiencing difficulties with your rented home? Thousands of households are happy in their rented home in Amber Valley, but a small proportion are of a poorer standard and give rise to complaints.
The Council is responsible for addressing disrepair and housing standards in all rented property. The most common complaints relate to damp and mould and a slow response to fixing repairs.
We appreciate that some people fear being evicted if they complain to the Council. We recognise this and we seek to provide advice to any tenant to tell them what the Council can do. We only contact the landlord with your permission or if the hazards are putting you at risk and we have to act. Many tenants just want some advice to be able to speak to their landlord or letting agent with the confidence of knowing what needs to be done to their home and we never hear from the tenant again.
We would always encourage tenants and landlords to speak to each other on a regular basis. Our officers frequently see minor issues escalating because of a breakdown in communication.
Our officers will make an assessment of the hazards that could potentially put you, your family and visitors at risk. The Council has a range of enforcement options that we can use. We will seek to work on a more informal basis with a landlord, but we are able to serve enforcement notices to require works to be completed within a specified period. The Council currently charges £275 per notice to recover costs of serving notices. This decision was made following consultation with Landlords attending out Landlord Forums who felt that the Council should recover costs from landlords that fail to maintain their properties.
If you are experiencing problems with your landlord you should never withhold your rent. Whilst it might be tempting if the landlord is failing to respond this will put your tenancy at risk. The Council's Legal section can advise both tenants and landlords about harassment and illegal eviction.
If you want advice or assistance then please contact us on 01773 841335 or firstname.lastname@example.org
You can also contact organisations for help such as CAB, Derbyshire Law Centre and Direct Help & Advice.
You are entitled to 'quiet enjoyment' of the property you are
renting. This >means that your landlord has to let you use the
property peacefully and must allow you to exercise all of your
Your landlord (and agent if you have one) must, by law, give you
their name and address so that you can report repairs or other
Your landlord may have keys to your property but does not have
the right to enter at any time. The only time your landlord has
right of access is to check for any necessary repairs and to do
this they need to give you at least 24 hours' written notice. This
could be less in an emergency, but your agreement must still be
sought before the landlord can enter your property.
If you are worried that your landlord is entering the property
while you are out it may be possible for you to change the lock,
but please take our advicebefore doing this.
The property you rent should provide a healthy and safe
environment for you and your family as well as any visitors and
should be free from unavoidable hazards.
If the property you are renting is in an unsatisfactory
condition such that is affecting your health and safety or if it is
in need of repair then you should contact the landlord in the first
instance preferably in writing. The landlord should then arrange
for any necessary remedial action or repairs to take place.
If you think the defects are likely to put the health and safety
of you and your family at risk of immediate and serious harm then
you are advised to contact the Council's Housing team as well as
With respect to repairs in particular, landlords are typically
- The structure and outside of the property
- Basins, sinks, baths and toilets
- Fires, radiators and water heaters
- Water, gas and electricity supply and meters
- Water tanks and boilers
However this may differ depending on the conditions of your
tenancy. When you sign your tenancy agreement you should find out
which repairs your landlord is responsible for, which repairs you
should do, and how to report a repair.
If the landlord does not attend to the reported problem
promptly, then the
following courses of action are available:
Contact the Housing Team and ask the council to take action. The
Housing Team would then speak or write to the landlord about the
problem and wherever possible will work with the landlords to
ensure any necessary remedial action is carried out within a
reasonable period of time.
If the landlord fails to cooperated then depending on the nature
of the problem, further enforcement action maybe taken by the
Housing Team. A full inspection of your home would firstly need to
be carried out before any type of enforcement action could be
If there is a serious and imminent risk of harm due to your
housing conditions, the council has powers to take emergency
- Pay your rent
- Behave in a reasonable way, not causing nuisance or annoyance
- Not damage any fixtures, fittings or furniture belonging to the
landlord. If there is any furniture that you don't want, as the
landlord to remove it. Don't store it anywhere without their
permission. Ask the landlord before making any changes to the
- Inform the landlord if repairs are needed
- Allow the landlord to have access to the property at reasonable
times, for example to carry out repairs, but preferably by
- Not sub-let or take in a lodger without asking permission
first, unless your contract allows you to do this
- Give the landlord proper notice if you wish to leave. You may
well have responsibilities over and above those outlined here. If
you have, they should be included in your tenancy agreement.
Your landlord must:
- Give you're their name and address and that of their agent, if
they uses one
- Give you a written statement of the conditions of the tenancy
- Give you a rent book if you pay weekly, or a receipt for the
rent payment if you pay fortnightly or monthly
- Respect your right to peace and quiet in your home
- Register your deposit with an authorised tenancy deposit scheme
with 14 days of receiving it and give you details, including how to
apply for the release of the deposit
- Give you reasonable notice in writing if they need to get into
your home, for example to do repairs Give you legal notice if they
want you to leave
- Ensure that all gas appliances are tested at least once a year
and give you a copy of the safety certificate within 28 days of the
test taking place
- Ensure that all upholstered furniture complies with fire safety
It is your responsibility to pay the rent on time, as set out in
your tenancy agreement. If you pay weekly then the landlord must
give you a rent book. If you pay fortnightly or monthly make sure
you get receipts for any payments you make. If you don't pay the
rent for whatever reason, the landlord can start possession
proceedings to evict you from the property. You should not withhold
rent in an attempt to force the landlord to carry out repairs.
If the landlord does not collect the rent, you should make every
effort to pay it. Write to the landlord, saying that you want to
pay and keep a copy of the letter. If you try and pay the rent and
the landlord refuses to accept it, make sure you have an
independent witness. Keep the rent money in a separate account, so
you can pay it when asked. Then, should the case go to court, you
will be able to show that is the landlord, not you, who acted
Yes, but your landlord can make deductions from your deposit
- Damage to the property or furniture (but not normal wear and
- Cleaning costs, if the property is left in a worse state than
when you moved in
- Keys not returned
- Any rent that you owe
If you paid your deposit before 6 April 2007 it should be
returned within a week of your leaving the property. If the
landlord does not return your deposit, or if you consider that any
deductions made are unjustified, you can take action to reclaim the
money in the small claims court.
Anyone can use this procedure, without the need from a
solicitor. Leaflets and advice are available to help you, which you
can get from the Citizens Advice Bureau.
If you paid your deposit after 6 April 2007 your deposit will be
covered by a tenancy deposit scheme. Within 14 days of taking your
deposit your landlord should have told you which of the authorised
schemes it is registered with and how to apply for the release of
the deposit. All of the authorised schemes have a dispute
resolution service. They will decide if, or how much of the deposit
should be returned to you. You can get further advice from the
Citizens Advice Bureau.