Private rented housing

 

Citizens Advice

Citizens Advice provide information on renting privately. From finding a home to rent to getting your deposit back when you end your tenancy, and everything in between.

Visit www.citizensadvice.org.uk for more information on Renting privately, and what to do:

Before you start your tenancy

• Finding a home to rent
• Checks your landlord or letting agent will make
• Check how much it costs to rent a new home

During your tenancy

• If you’re struggling to pay your rent
• Getting repairs done if you're renting privately
• Going to court if your landlord won't do repairs
• If you've got a problem with your shared house
• Dealing with rent arrears
• If you get a section 21 notice
• If you get a section 8 notice
• Check if your landlord has to protect your deposit
• Complaining about your landlord
• Complaining about your letting agent
• Dealing with a rent increase
• Challenging a rent increase

At the end of your tenancy

• Ending your tenancy
• Get help if you're being evicted
• If you're being evicted because you asked for repairs
• Getting your tenancy deposit back
• Taking your landlord to court if they haven’t followed the deposit rules

 

Shelter England

Shelter England provide advice for private tenants and people looking to rent from a private landlord or agent

Visit Home - Shelter England for more information on Private renting, including:

• How to find a place to rent
• Costs of renting privately
• How you can end your tenancy
• If you're told to leave your home
• Harassment and discrimination
• Repairs
• Your tenancy agreement
• Complaints

 

Property Redress Scheme

The Property Redress Scheme is a consumer redress scheme, authorised by the Government since 2014, to provide an impartial service that considers consumer complaints about a variety of property related issues.

All property agents who carry out estate, lettings and property management work, have a legal responsibility to belong to a redress scheme and, if at any point, the consumer feels the service one of our members has provided falls short of what is expected, they may be able to raise a complaint.

Visit theprs.co.uk for more information about the Scheme and to check whether you are able to make a complaint against your property Agent or Professional.

 

Landlord responsibilities

You are a landlord if you rent out your property.

As a landlord you must:

• keep your rented properties safe and free from health hazards
• make sure all gas equipment and electrical equipment is safely installed and maintained
• provide an Energy Performance Certificate for the property
• protect your tenant’s deposit in a government-approved scheme
• check your tenant has the right to rent your property if it’s in England
• give your tenant a copy of the How to rent checklist when they start renting from you (you can email it to them)

Find out more about being a landlord and renting out a room at Gov.uk

 

The National Residential Landlords Association

The National Residential Landlords Association (NRLA) is the UK's largest membership organisation for private residential landlords in England and Wales, supporting and representing over 100,000 members.

Providing all-round support, the NRLA help you stay compliant, save time and stress, save money, and help see your rental business thrive.

The NRLA offers a range of expertise, resources, and exclusive member benefits and savings, designed to help and empower members, as well as playing a pivotal role in campaigning and championing the interests of landlords.

Find out more about the NRLA at www.NRLA.org.uk

 

Property Redress Scheme

All property agents who carry out estate, lettings and property management work, have a legal responsibility to belong to a redress scheme and, if at any point, the consumer feels the service one of our members has provided falls short of what is expected, they may be able to raise a complaint.

The Property Redress Scheme is a consumer redress scheme, authorised by the Government since 2014, to provide an impartial service that considers consumer complaints about a variety of property related issues.

The Property Redress Scheme also provide redress for other property professionals which includes landlords, and we offer dedicated tenancy mediation helping to resolve tenancy issues and prevent cases needing to go to court.

Please note the Property Redress Scheme is not a regulator or an enforcement agency.

Visit theprs.co.uk for more information.

 

You have certain rights and responsibilities if you are a tenant in privately rented property.

 

Your rights

As a tenant, you have the right to:

• live in a property that’s safe and in a good state of repair
• have your deposit returned when the tenancy ends - and in some circumstances have your deposit protected
• challenge excessively high charges
• know who your landlord is
• live in the property undisturbed
• see an Energy Performance Certificate for the property
• be protected from unfair eviction and unfair rent
• have a written agreement if you have a fixed-term tenancy of more than three years

If you have a tenancy agreement, it should be fair and comply with the law.

If you do not know who your landlord is, write to the person or company you pay rent to. Your landlord can be fined If they do not give you this information within 21 days.

 

When you start a new tenancy

When you start a new assured or short assured tenancy, your landlord must give you a copy of the How to rent guide if you live in England.

 

Your responsibilities

You should give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access.

You must also:

• take good care of the property, for example turn off the water at the mains if you’re away in cold weather
• pay the agreed rent, even if repairs are needed or you’re in dispute with your landlord
• pay other charges as agreed with the landlord, for example Council Tax or utility bills
• repair or pay for any damage caused by you, your family or friends
• only sublet a property if the tenancy agreement or your landlord allows it

Your landlord has the right to take legal action to evict you if you do not meet your responsibilities.

 

A tenancy agreement is a contract between you and your tenants. It sets out the legal terms and conditions of the tenancy. It can be written down or oral.

A tenancy can either be:

• fixed-term (running for a set period of time)
• periodic (running on a week-by-week or month-by-month basis)

 

Rights and responsibilities

Both landlords and tenants have certain rights and responsibilities, whether or not there is a tenancy agreement.

 

Assured shorthold tenancies (ASTs)

The most common form of tenancy is an AST. Most new tenancies are automatically this type.

A tenancy can be an AST if all of the following apply:

• you’re a private landlord or housing association
• the tenancy started on or after 15 January 1989
• the property is your tenants’ main accommodation
• you do not live in the property

A tenancy cannot be an AST if:

• it began or was agreed before 15 January 1989
• the rent is more than £100,000 a year
• the rent is less than £250 a year (less than £1,000 in London)
• it’s a business tenancy or tenancy of licensed premises
• it’s a holiday let
• the landlord is a local council

 

Other tenancies

There are other tenancies that are not as common as ASTs, including:

• excluded tenancies or licences
• assured tenancies
• regulated tenancies

Excluded tenancies or licences

If you have a lodger living in your home and share rooms with them, like a kitchen or bathroom, you may have one of these. This usually gives your lodger less protection from eviction than other types of agreement.

Assured tenancies

Tenancies starting between 15 January 1989 and 27 February 1997 may be assured. Your tenants have increased protection from eviction with this type of agreement.

Regulated tenancies

Tenancies starting before 15 January 1989 may be regulated. Your tenants have increased protection from eviction and can apply for a ‘fair rent’.

Check the rules on regulated tenancies.

 

Tenancy deposit protection

Your landlord must put your deposit in a government-approved tenancy deposit protection scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007.

In England and Wales your deposit can be registered with:

• Deposit Protection Service
• MyDeposits - including deposits that were held by Capita
• Tenancy Deposit Scheme

If you do not rent your home on an assured shorthold tenancy, your landlord can accept valuable items (for example a car or watch) as a deposit instead of money. The items will not be protected by a scheme.

They make sure you’ll get your deposit back if you:

• meet the terms of your tenancy agreement
• do not damage the property
• pay your rent and bills

Your landlord or letting agent must put your deposit in the scheme within 30 days of getting it.

Visit Gov.uk for more information about Tenancy deposit protection

Check if you landlord has to protect your deposit

 

Options if you cannot afford a deposit

Shelter England provide information on your options if you cannot afford a deposit or rent in advance, including information about:

• Zero deposit companies
• Local rent deposit schemes
• Discretionary Housing Payments
• Budgeting advances
• Budgeting loans

Visit England.shelter.or.uk Options if you cannot afford a deposit or rent in advance for more information.

 

Shelter

Shelter England provides information and advice on statutory overcrowding in rented accommodation.

Statutory overcrowding is a criminal offence unless an exception applies.

An occupier commits an offence if they cause or allow accommodation to become overcrowded.

A landlord commits an offence if they cause or permit the premises to be overcrowded or fail to include details of the overcrowding provisions on any rent book.

Statutory overcrowding is not a criminal offence if it is:

• due to natural family growth
• temporary
• licenced by a local authority

Visit England.shelter.org.uk to find out more about Overcrowding.

 

Moving in with Family

Age UK provide information about what to think about if you are considering moving in with your family.

Visit www.ageuk.org.uk for more information about Moving in with family

 

Accommodation that comes with your job

Shelter England provides housing advice for people who live in accommodation that comes with their job. Your rights depend on if you must live in the accommodation to do your job.

Visit www.england.shelter.org.uk for more information living in accommodation that comes with your job.

 

Problems with housemates

Shelter England provides housing advice for people who are having problems with housemates.

Visit www.england.shelter.org.uk if you are having problems with housemates

 

Tenant Farmers Association (TFA)

The Tenant Farmers Association supports farmers who do not own the land that they operate. This includes those involved in share farming agreements, grazing licences, contract farming arrangements as well as traditional tenant farmers.

It also aims to improve the professional and technical knowledge of its members, to increase the flow of new tenancies and other valid farming opportunities onto the market and to help the farming industry best apply existing legislation occupation of non-owned farm land.

Visit www.tfa.org.uk for more information about the Tenant Farmers Association.

 

Lincolnshire Rural Support Network (LRSN)

LRSN is a volunteer-led organisation that provides pastoral and practical support to Lincolnshire's farming and horticultural communities during periods of anxiety, stress, and problems relating to their families and businesses.

Visit www.lrsn.co.uk for more information about how LRSN has supported families in Lincolnshire.