The guidance for tenants in this section sets out:
You should also refer to the How to let guide and the How to rent checklist.
Before you begin searching for your next home, consider what is affordable, as well as whether you have the legal right to rent in UK.
A property can be rented directly from a landlord, or indirectly through a letting agency. If renting indirectly, ensure the letting agency is part of a redress scheme and client money protection scheme if they are taking your rent or deposit. As of 1 June 2019, letting agents can no longer charge fees to tenants.
There are several things to check when you have found a suitable property, such as ensuring the building is in a good condition. Read the tenancy agreement carefully and ask questions about anything that isn’t clear. Your local council may be able to help and provide some advice.
Your landlord or letting agent must provide you with a copy of the ‘How to rent’ guide, a gas certificate (if there is gas supplied), prescribed information about your deposit and an Energy Performance Certificate (EPC).
As a tenant, you have certain rights and responsibilities while living in your rented home. You should ensure you look after the property, and report any problems to the landlord or letting agent.
Your fixed tenancy ends if you or your landlord gives notice following the correct legal process. If no notice is served, it will continue as a periodic tenancy.
If any problems arise through, or at the end of, your tenancy, your local council may be able to assist – but your first step should be to talk to your landlord or letting agent. Problems such as unsafe conditions, health and safety hazards, or illegal eviction should be reported as soon as possible. The council can assist in ensuring a landlord complies with regulations and provides a safe and habitable property. You can also take action against your landlord under the Homes (Fitness for Human Habitation) Act 2018. See further information in the enforcement section.
The main steps involved in renting a home in the private rented sector are shown in the steps above.
These steps are explained in further detail in the How to rent guide, which is part of the paperwork that your landlord or letting agent is required to provide to you at the start of the tenancy.
As a tenant, you have some responsibilities relating to how you use the property. This generally means you are responsible for the following actions:
Rent is usually required in advance. If you fall behind with your rent, the landlord may be able to take legal steps to evict you.
Your tenancy agreement should make it clear who is responsible for paying bills such as council tax, gas, electricity and water. You have the right to choose your energy supplier. Failure to pay your bills may affect your credit rating.
If you are not considerate to your neighbours you could be evicted for anti-social behaviour. Your landlord may also be able to take legal steps to evict you.
Unless it is expressly allowed for in your tenancy agreement, you will not be permitted to sub-let or accept a lodger without agreement from your landlord or letting agent. So you must always check first with your landlord if you are thinking of subletting the property or taking in a lodger.
Make sure that you understand how to operate the boiler and other appliances, and that you know where the stopcock, fuse box and any meters are located.
Test your smoke alarms and carbon monoxide detectors regularly – at least once a month. It is your responsibility as the tenant to ensure that the fire alarm remains in working order.
It’s really important that you report any repair issues that arise so your landlord or letting agent can take action to fix them.
Landlords or letting agents should manage the property properly, but in some circumstances may argue that they weren’t able to carry out repairs because they weren’t aware of them. It’s therefore good practice to report any issues promptly and in writing. Reporting repairs may also form part of your tenancy agreement. If you do not report a repair issue and, as a result, a major problem occurs, your landlord may try to reclaim costs from your deposit.
When you sign an assured shorthold tenancy agreement, you gain a set of rights as a tenant that your landlord or letting agent should respect and adhere to. If your landlord behaves in a way that contravenes these rights, their actions may be regarded as constituting a legal offence, and your local council may be able to take enforcement action. Under your shorthold tenancy agreement, your landlord is legally obliged to do the following:
The landlord or letting agent must provide you with:
The landlord should maintain the structure and exterior of the property.
The landlord or letting agent should fit smoke alarms on every floor and carbon monoxide alarms in rooms that contain appliances using solid fuels such as coal and wood. The landlord should also make sure these alarms are working at the start of your tenancy. If they are not there, ask your landlord in writing to install them.
More information is available in the How to rent a safe home guide, and in the specific guidance relating to the Smoke and Carbon Monoxide Alarm Regulations 2015.
The landlord or letting agent should deal with any problems with the water, electricity and gas supply.
The landlord or letting agent should maintain any appliances and furniture they have supplied.
The landlord or letting agent should carry out most repairs in a timely manner. If something is not working, report it to your landlord or agent as soon as you can.
Your local council has a duty to take action if your property has deficiencies that could pose a serious threat to you and the other occupants. If your landlord or letting agent doesn’t carry out the repairs, you can ask the local council to carry out an inspection using a risk assessment tool called the Housing Health and Safety Rating System (HHSRS), after which the council may take action.
The Homes (Fitness for Human Habitation) Act 2018 enables you to take your landlord to court if the property is not fit for human habitation. This right applies from 20 March 2019 for new tenancies, and from 20 March 2020 for existing tenancies.
If the property contains any gas appliances, the landlord should arrange an annual gas safety check by a qualified Gas Safe engineer.
The landlord or letting agent should give at least 24 hours’ notice of any visits for activities such as repairs.
Under the Housing Act 2004, larger houses of multiple occupation (HMOs) that are of 3 or more storeys and occupied by 5 or more people forming at least 2 separate households must be licensed.
With effect from 1 October 2018, mandatory licensing of HMOs was extended to include smaller properties used as HMOs in England which house 5 or more people in 2 or more separate households. New mandatory conditions to be included in HMO licences have also been introduced, setting minimum sizes for rooms used as sleeping accommodation and requiring landlords to comply with local council refuse schemes.
Your landlord should get a licence for the property if it meets the relevant criteria. Check with your local council to find out if your landlord needs an HMO licence and has obtained it. HMOs don’t need to be licensed if they are managed or owned by a housing association or co-operative, a council, a health service or a police or fire authority.
From 1 April 2018 all properties let on a new tenancy must have an EPC of at least Band E. From 1 April 2020 this applies to all tenancies.
HMOs that are subject to mandatory licensing require electrical installations to be checked every 5 years.
Sometimes situations arise where landlords fail to meet their responsibilities. In such cases you should contact your local authority who can help. Under new legislation, local authorities have been granted strong enforcement powers that enable them to target rogue landlords. This section will give you an understanding of the actions your local authority can take to assist you when your landlord or letting agent has not provided you with a safe and decent home.
Your home may become unsafe due to a ‘hazard’ – which is defined as a problem in a home. Hazards are rated according to how serious they are and how likely they are to affect someone’s health and safety. There are 2 types of hazards – category 1, which are the most serious, and category 2. Examples of category 1 hazards include:
Health and safety risks in the home are assessed by local councils using the Housing Health and Safety Rating System (HHSRS). There are also additional health and safety requirements for housing in multiple occupation (HMO). HMOs are shared homes containing multiple households such as bedsits, shared student housing and hostels.
If you’re worried about a potential hazard in your home, you should report it to your landlord or letting agent immediately.
Once you’ve informed them about a problem in the property, your landlord is responsible for most repairs. However, you should give them a reasonable amount of time to carry out the work.
If you’ve reported a potential health and safety hazard and your landlord or letting agent hasn’t resolved it in a reasonable time, you should contact your local council. An environmental health officer may then arrange to visit your home to assess any hazards within it. You can also ask the council to inspect a neighbouring property if issues with it could affect your own health and safety.
The council must take action if it finds any category 1 hazards in your home. For example, it can order your landlord to carry out repairs or make improvements – and if your landlord or letting agent fails to do this they could be prosecuted and fined. The council can also take emergency remedial action if it thinks you are at serious risk of harm. In such cases, the council has the right to carry out the necessary work and charge your landlord for it.
For less serious hazards, your local council may give your landlord notice that it’s aware of the problem, and provide them with advice on how to solve it. If your landlord or letting agent doesn’t improve the conditions in your home, you should tell the council and ask it to take further action.
You are also able to take action yourself if your landlord or letting agent is renting out a property in poor condition and/or fails to carry out necessary maintenance. The Homes (Fitness for Human Habitation) Act 2018 gives you the right to take your landlord to court if the property is not fit for human habitation. The law also allows you to seek redress, including financial compensation where appropriate.
See further information on the Homes (Fitness for Human Habitation) Act 2018.
Harassment is defined as any act likely to interfere with the peace and comfort of those living in the property, or persistent withdrawal of services that are reasonably required for the occupation of the home. This means that harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in your property or forces you to leave.
For example, harassment can include:
If you believe your landlord or letting agent is harassing you, make sure you keep a note or diary of all incidents and copies of all communications. If you decide to take action, these may be useful as evidence. Also, since harassment is a criminal offence, you should notify the police straight away if your landlord is making you feel unsafe. You should also contact your local authority.
For further information about what to do if you feel you are being harassed by your landlord or letting agent, please see the Protection against harassment and illegal eviction: guidance.
Under the Protection from Eviction Act 1977 and Housing and Planning Act 2016, your local authority has a number of enforcement powers that it can use to tackle harassment by a landlord. The landlord or letting agent may be subject to:
For many landlords and tenants, a longer-term tenancy suits both parties well, since it provides greater security for the tenant and a regular income stream for the landlord. However, occasions do arise where a landlord wishes to take possession of their property, for example if they decide they want to sell it or move into it themselves. But whatever the reason, landlords must follow strict procedures if they want their tenant to leave their property.
Your landlord or letting agent may be guilty of evicting you illegally if you:
You should also contact your local council’s Housing Department if you feel you are at risk of homelessness due to eviction.
If you believe you have been – or are threatened with being – evicted illegally, you should contact your local authority. Under the Protection from Eviction Act 1977, your local authority has several enforcement powers to address illegal eviction by a landlord. The landlord may be subject to
For further information about what to do if you are threatened with illegal eviction, please see the Private renting for tenants: evictions guidance.
The Tenant Fees Act, coming in to force on 1 June 2019, means that all fees charged by letting agents and landlords to tenants are banned, except for holding deposits, rent, deposits and charges for defaulting on the contract. Also, all of these allowable fees are subject to additional restrictions under the Act.
In cases where a banned fee or payment is taken, you will be able to get any money wrongly paid refunded to you via the county court.
Local Trading Standards can help tenants with the recovery of fees.
For more information on your rights in relation to tenant fees, please see the Tenant Fees Act 2019: guidance.
The best point of contact for any issues relating to your assured shorthold tenancy is your local council. Under recent legislation, local authorities have gained strong enforcement powers to deal effectively with any issues that may arise relating to your tenancy. In addition to your local authority, the following organisations may be useful points of contact.
Citizens Advice: Citizens Advice is the main legal charity in the UK. You will generally find a Citizens Advice office in most cities, towns and large villages.
Shelter: Shelter is a national housing charity. It offers a housing advice telephone helpline on 0808 800 4444 as well as face-to-face advice services. You can find out here if Shelter has an advice centre near you.
Law Centres Network: Not-for-profit Law Centres can act for you in legal proceedings at no charge. You may be eligible for legal aid if you need it.
Solicitors: Although solicitors are businesses that need to charge for their services in order to operate, they do offer some free services. Many firms will offer an initial interview either free of charge or for a fixed fee.
Money Advice Service: This can provides free and impartial advice to help you manage your finances better.
Your insurance company: Insurance policies often come with free legal help as part of the package.
Tenants’ rights groups: There may be one of these in your area. You can find them by searching the internet.
Which?: Run by the Consumers’ Association, Which? champions the interests of consumers across many areas of our lives.