Advice for Tenants of Private Landlords
If you are concerned about any aspect of your
tenancy, including problems with rent payments or repairs, you
should first of all speak to your landlord about it. If you are
unable to get the issue resolved, or you’re experiencing
difficulties with your landlord, the Council may be able to help
you. Here are some examples of how:
Disrepair
The Housing, Health and Safety
Rating System (HHSRS) gives us powers and duties to target
properties in the worst condition, which often house some of the
most vulnerable people. Any action will be based on the
consideration of the hazard rating determined under the HHSRS and
our judgment as to the most appropriate course of action to deal
with the hazards. The hazards include areas such as damp and
mould, excess cold, pollutants such as asbestos, carbon monoxide,
food safety, sanitation, risk of falls, water supply and fire
risk. Further information about the HHSRS can be found on the
Department for Communities and Local Government website.
Published tips for tenants - http://www.communities.gov.uk/documents/housing/pdf/1973741.pdf 
Published tips for landlords - http://www.communities.gov.uk/documents/housing/pdf/1973738.pdf
Protection from eviction
Malvern Hills District Council has legal powers under the
Protection from Eviction Act of 1977. If you believe you have been
harassed or illegally evicted contact us as your landlord may have
acted illegally. We will investigate your situation and try to
mediate between all parties where this is possible. If necessary we
do have the power to bring about a prosecution.
Landlord obligations
Landlords have responsibilities towards their tenants under the law
for example, to provide rent books, giving tenants full information
on service charges and insurances etc. The Landlord and Tenant Act
1985 (as amended) gives councils the power to prosecute landlords
who have not met their obligations under this legislation. If we
receive a complaint in most cases we will require the landlord to
change his/her practice and provide the required documentation /
information. However if a landlord persists in not complying with
the law we may consider a prosecution.
Providing essential utilities
The council has a power under Section 33 of the Local Government
(Miscellaneous Provisions) Act 1976, to act on your behalf if you
are threatened with losing, or you have already lost, your gas,
electricity or water supplies because of something your landlord
has done by failing to pay bills for instance.
However the council will act only as a last resort for emergency
cases and then only when young children or elderly persons are
affected. In addition we will only make arrangements with the
suppliers which do not involve financial liability falling upon the
council. But we will co-operate closely with the suppliers and
wherever possible try to get the suppliers' support and
assistance.
Further information can be found by visiting the
Citizens Advice Centre - Private Sector Tenancies web site.
This is a link to the
Councils Private Sector Enforcement Policy
