Property Guardians' Act

PROPERTY GUARDIAN, KNOW YOUR RIGHTS - BE INFORMED

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Did you know that being a "property guardian" will not give you the rights of a tenant? Many residents of property guardianship properties reported that they thought a "property guardian" can also be a "tenant". This was not made clear to them when they viewed the property and sign their agreement. Some guardians live in the same room they choose for over five years while their deposit is kept by the guardianship company. So why they are not considered a tenant?

It is a must ( tenant or licensee) that the properties you are offered/live must be suitable for habitation; compliant with up-to-date Health & Safety Regulations;

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Initially, send an email to the property guardianship company to receive/see a copy of the records of the Health & Safety surveys being done prior to your move to the property-especially the gas safety- certificate- 

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The property you live in must be compliant with latest Fire Safety Regulations

(check "the next check date" on fire extinguishers- it should not be expired)

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you should have smoke/fire alarms in your room and the property( radio connected so when there is fire in any part of the property, the fire alarm system must alarm everyone so that all can leave to safety)

 there should be emergency lights in the property and the fire exits should not be locked/barred or blocked* If you have worries, report your "fire risk concern" immediately to London Fire Brigade, They can inspect the property. Contact us | London Fire Brigade (london-fire.gov.uk

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*If more than 3 people is sharing the property, it must be HMO registered. You can check this via your local council. You can email their "private Housing" department and ask if the property you live in is HMO licensed. In absence of HMO, the property guardianship company may be fined and you may get financial compensation at Tribunal ( Rent Repayment Order) - ( for examples please check out our news section)

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* *Legionella survey/test must have been done ( water)*

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*PAT Testing ( RCD patented) - the electricity must be surveyed safe ( check the survey dates on the electrical fuse boxes)* (do not touch any electrical fuses/boxes as it may be dangerous)

*the landlord/agency should provide you the gas certificate upon your request. The gas checks must be up to date and compliant with current standards.*

*There should adequate heating ( including bathroom, kitchen and toilets)

There should not be "any structure errors*

There should be good ventilation to avoid mold and rotting.

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There should not be Japanese knotweed in the garden. It must be cut as it can damage the structure of the property. This is the responsibility of landlord)

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If there is a pay rise in the rent you pay, the agency must inform you about this in writing and they must provide you a reason. They should also renew the contract with the right amount you agreed to pay.

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If you paid deposit (sometimes they give it another name like secure fee/key fee), make sure it is written on your contract. Make sure the amount you paid is also written on your contract.

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Always ask for a copy of your contract as soon as you sign it and also make your payments via bank to keep a record of it. If they ask you in person for money, ask them to put it in writing.

If you have any Health and Safety Concerns, get in touch with your local council ( it is your right to contact your council, the agency/landlord cannot stop you from contacting the council ( even if the council is your landlord, the agency cannot stop you from speaking to the council. It is your legal right to contact, inform, report to your local council.)

Always document, report the issues in writing. Take photos, videos for evidence*

If your landlord is the Council and you feel neglected, you can make a Freedom of Information" request. Public bodies must provide you an answer within a limited time. You can also check this website; WhatDoTheyKnow - Make and browse Freedom of Information (FOI) requests

If they do not provide you an answer, report to ICO. https://ico.org.uk

Cutting the electricity/heating, changing the locks without your knowledge, removing toilets/shower or stopping your access to these facilities prior to your move without a court notice is harassment. Send them an email asking them to stop their behaviour. 

If you are being physically harassed, call the police 999 immediately. You are a victim of "common assault" when;

• A person assaults another person

• A person commits an act of battery (the intentional and reckless use of unlawful force against another)

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If there is security in your property, the security must be wearing their SIA badge when they are performing their duties. You can read more on this link; Find out if you need an SIA licence - GOV.UK (www.gov.uk)

If the security does not have an SIA license, you report your concerns directly to SIA. Report security staff or companies you think are breaking the law - GOV.UK (www.gov.uk)

If someone claims to be Security, you may ask for their SIA  license number(16 digit) and you can check it from the link below;

https://services.sia.homeoffice.gov.uk/rolh

The landlord must first serve you a NTQ ( Notice to Quit) , the landlord must provide you at least 28 days to vacate the property before taking you to the court. The landlord can take you to the court for "possessions claim" after the expiration of NTQ period( at least 28 days).

If the company/agency you have agreement serves you an NTQ, this must be authorized to do so in their agreement to the landlord. You can always check who is owner of the property from HM Land Registry https://eservices.landregistry.gov.uk...

*The landlord/agency cannot remove you or your belongings from the property without a court notice.

*The landlord/agency cannot bring bailiffs upon their will. The bailiffs only attend to remove you from the property following a court notice after a court hearing.

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*If the landlord/agency makes a possession claim to the court, you should receive a court bundle including case number (top right corner of the court document), court stamp, a date, place to attend the hearing to defend yourself. If you wish to ask the court about your hearing, you will need to mention the "case number".

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You must know about the court hearing before it happens. It is the claimant (landlords duty) to make you aware that they have taken you to court. 

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Always check if you are a licensee or a rightful tenant.

https://england.shelter.org.uk/get_help *Shelter can provide you advice on Housing" Shelter's website writes "We exist to defend the right to a safe home." They can help/guide you.

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If you are a property guardian and if you believe the property you live is not compliant with Health & Safety Standards / Fire Safety Standards, please get in touch with us

If the property is not compliant with the standards, seek help, inform authorities! You can also apply to the court to receive your rentback via RRO ( Rent repayment order)-

You can visit Flat Justice website to get more information and support to make RRO orders.

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Here is an example case on RRO;

The property they live in is in Camden. It is managed by Global Guardians Management ( owned by Euston One Limited) .The proposal presented to Euston One Limited by Global Guardians Management ( also labelled in Partnership with MBU Capital) .

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You can read about the case here;

https://assets.publishing.service.gov.uk/media/60e5be89d3bf7f56872f4a39/35-37_William_Road__3rd_floor__NW1_3ER__hearing_21_06_21__DECISION.pdf

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You can also check this link by Flat Justice

July RRO Decisions – GetRentBack Blog

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If you would like to help us by sharing your experience /skills, please do get in touch with us.

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Through our experience, we found out that the rules and regulations for the health&safety and legal rights of the property guardians needs to be improved. And we seek justice to set things right. For more info, please click here

CONTACTS FOR ADVICE AND HELP

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Eviction is still a legal process that can take several months.

You will always get notice and sometimes you can stop an eviction.

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Shelter – housing and homelessness charity who offer advice and support.

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Shelter's Advice Link for Landlord Harrassment :

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How to deal with harassment from landlords or agents - Shelter England

"The police might say illegal eviction and harassment is a civil matter. If they do, tell them it's a criminal offence under Section 1, Protection from Eviction Act 1977."

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Your local housing authority – to make a complaint about your landlord or agent, or about the condition of your property. And to check if your property is HMO ( House of Multiple Occupation) Licensed.

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• Gas Safe Register – for help and advice on gas safety issues

By law a landlord must:

Repair and maintain gas pipework, flues and appliances in safe condition

Ensure an annual gas safety check on each appliance and flue

Keep a record of each safety check​

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• Electrical Safety First – for help and advice on electrical safety issues.
   

• If you live in London, use the rogue landlord and agent checker on the London Assembly website to see if your landlord has been prosecuted or fined for housing related offences.
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• Citizens Advice – free, independent, confidential and impartial advice to everyone on their rights and responsibilities.
   

• Crisis – advice and support for people who are homeless or facing homelessness.
   

• Money Advice Service – free and impartial money advice.
   

• The Law Society – to find a lawyer.
   

• How to rent a safe home – a guide to help current and prospective tenants ensure that a rented property is safe to live in
   

• Gov.uk Guidance for current and potential property guardians.