Follow the house rules

Agree everything with the landlord before moving into a rented flat, writes Ian Hunter

Autumn is the time when people are on the move, all in search of somewhere to live. There is the usual crop of students looking for the best deal as term-time looms, as well as school leavers striking out on their own.

Although a challenge, finding a new home can be rewarding. Yet there are still plenty of traps for the unwary entering the rented property market.

The previous government encouraged the growth in property available for rent, yet it still represents only a small slice of the total property market. Finding a flat is not always easy, particularly in a large city or a student town.

Often flat-hunters turn to flat agencies. Anyone using an agency should examine the terms of the agreement to ascertain in what circumstances a fee is payable. Agencies are subject to the Accommodation Agencies Act 1953, which prohibits them from demanding money in return for registering the name and details of anyone looking for accommodation. It also prohibits agencies from charging for lists of properties for rent.

Most landlords grant their tenants an agreement in the form of an assured shorthold tenancy. These agreements give the tenant a minimum of six months' security of tenure. However, at any time after the first four months of the tenancy agreement, the tenant can be asked to leave on two months' notice.

Many landlords will insist on taking a deposit as security for any damage caused to the property during the tenancy.

Landlords are often reluctant to release the deposit at the end of the tenancy. It is therefore best to avoid paying it out at the outset. Much will depend on the strength of your negotiating position. If the landlord will not agree to this, an alternative is to pay the deposit into a joint account so neither party can obtain access to the money without the agreement of the other.

Another option is to offset the last instalment of rent due against the deposit withheld. If the deposit is withheld and no amicable agreement is possible, an action can be taken in the small claims court.

Tenants should be clear regarding their responsibilities under the lease. Usually the payment of bills such as gas, telephone, electricity and council tax will be the tenant's responsibility. However, tenants should also reach agreement on other items, such as responsibility for water rates and repairs. Tenants will normally be responsible for organising their own household contents insurance.

It is important to agree an inventory of the flat's contents which should be signed by both parties. It may help to take photographs of each of the rooms to avoid any subsequent dispute as to the condition of the property.

A common complaint is that landlords either fail to act or are slow in carrying out repairs for which they are responsible. If this happens, a tenant can in certain circumstances set the costs of doing the repairs himself against the rent.

However, before tenants take such steps they should first give the landlord notice that repairs are needed. The landlord should then be given a reasonable amount of time to carry out the work. It is important to keep receipts to avoid any dispute over the cost of the repairs.

Failure to pay the rent will give the landlord the right to evict the tenant. Normally the landlord will obtain a court order. The landlord is also permitted to send in bailiffs to seize goods to the value of the rent outstanding. The landlord is not permitted to use force and cannot arrive on a Sunday or after dark.

Once the goods have been seized the landlord must wait at least five days before selling the goods or up to 15 days if requested by the tenant. If the goods have not been repurchased by the tenant within this time limit for a sum equal to the rent outstanding the landlord may sell them.