Renting a home from a private landlord or agent is a good housing solution and very flexible. Often this is the first accommodation people live in once they leave home.
The private rented market is very varied and the standard of accommodation and management can also differ greatly. We can give you guidance on the legal standards for private rented housing, advice on how to go about letting or renting a property and what to do if you have problems. We have a range of powers that can be used to ensure properties are safe and well managed and tenants are free from harassment and nuisance.
Harassment and Illegal Eviction
We can assist people who are threatened with harassment and eviction and can offer advice on illegal eviction and private tenancies.
Harassment and illegal eviction of tenants is a criminal offence, prosecuted by local authorities and the only way a tenant can be made to leave their property is via a court order.
A person found guilty of harassment or illegal eviction faces a maximum fine of 5,000 pounds or up to 6 months in prison. They will also have a criminal record.
Tenants can also take civil action and may win thousands of pounds in compensation.
If you are suffering harassment or illegal eviction, you should contact:
- If urgent problems arise outside office hours ring the police - tel: 01246 220100.
Housing Health and Safety Rating System - HHSRS
The Housing Health and Safety Rating System (HHSRS) is used to assess potential risks to the health and safety of occupants in residential properties.
The assessment method focuses on the hazards that are most likely to be present in housing, tackling these hazards will make homes healthier and safer to live in.
Full information on HHSRS can be found on the Decent and Safe Homes (DASH) website. The Government has also issued guidance on HHSRS for landlords and other property related professionals.
Park homes, mobile homes and caravans
Caravan sites may be residential, holiday or touring sites and if you use land as a caravan site you will almost always need to get planning permission and a site licence from us.
Gypsies and Travellers
There is one transit site located within the District at Pleasley. The site is licensed by us but is privately owned.
When dealing with gypsy and traveller issues we follow the Inter Agency Guidance to ensure that all services are delivered fairly to gypsies and travellers in compliance with the law, government guidance and local authorities equalities policies.
Dealing with illegal encampments
We are only able to evict Gypsies/Travellers off Council owned land. If the Gypsies/Travellers are causing problems they will be moved on as soon as is possible and reasonable. It normally takes approximately three weeks to gather the relevant information and obtain a court hearing date. The Court can refuse to grant us an order to move the Gypsies/Travellers on if it believes there is an unavoidable reason for the Gypsies/Travellers to stay on the site or if the Court believes that we have failed to make adequate enquiries regarding the general health and welfare of the Gypsies/Travellers. Please report any illegal encampments to us immediately.
Dealing with illegal encampments on other land
If the encampment is on land not owned by us, then the landowner, if possible, should talk to the travellers to try and gauge how long they will be there. The landowner can also take proceedings in the County Court under the Civil Procedure Rules 1998 to obtain a Court Order for their eviction. There must be a minimum of two clear days between service of documents and the Court hearing.
Any decision by the landowner to allow the travellers to stay on site must be undertaken with the correct planning permissions and licensing. Any breach of these permissions will result in us taking action against the landowner.
- Derbyshire County Council: 01629-580000 extension 7384
- Derbyshire County Council Traveller Liason Officer 01629 538466
- Derbyshire Police: 101 - non-emergency number
More Information can be found on the following websites;
- Friends, Families & Travellers
- Derbyshire Gypsy Liason Group
- Department for Communities and Local Government