Renting has become more commonplace over the past 20 years or so, with 4.4 million households (18.7% of dwellings in England) occupied by private renters in 2020. A further 16.7% of dwellings were occupied by social renters (who rent their home from a housing association or council).
Additional research shows:
There is a lot of information about tenant rights in the UK, so we’ve compiled everything you need to know in this guide. With a lot of money changing hands, it’s important to know what you are entitled to as a tenant.
A tenant is a person who rents and occupies property owned by someone else. A tenancy is the period of time they will rent and occupy the property for. It can be a fixed term (such as six months), or periodic (running from month to month, for example). If more than one person is renting the same property, it is known as a joint tenancy. A houseshare is an example of a joint tenancy.
Every tenant in the UK has rights and responsibilities, which are often detailed in your tenancy agreement (although not always).
If you are starting a new tenancy now, it will most likely be an assured shorthold tenancy.
Moving into a new property can be exciting. But there is also a lot to do.
When you start a new tenancy, your landlord must give you some information.
You also have the right to:
It’s good practice for a landlord to provide you with a tenancy agreement, signed by you both before you move in. This agreement must be fair and compliant with the law
Source: Gov.uk (link to: https://www.gov.uk/tenancy-agreements-a-guide-for-landlords/what-you-should-include-in-a-tenancyagreement)
The agreement may also include information on whether the tenancy can be ended early and how, who is responsible for minor repairs (outside of the landlord’s legal responsibilities), and whether the property can be let to someone else.
New terms to a tenancy agreement must be negotiated between the landlord and the tenant, then added as an addendum to the original agreement and signed by both of you.
Your rights laid down by law will always take precedence over anything in a tenancy agreement.
Tenancy fees
There are rules about the fees letting agents can charge you. These apply in England, Scotland and Wales.
| Permitted | Permitted Not permitted |
|---|---|
| Rent | Admin fees |
| Deposits | Credit checks |
| References or police checks | |
| Renewing your tenancy contract |
Don’t feel pressured into paying extra fees. If a letting agent tries to make you pay, remind them of the rules. They could be fined £5,000 if they charge these fees – more if they continue to charge them after the first fine.
Under the Tenant Fees Act, tenants have the right not to pay certain fees when arranging their new tenancy. You should be able to see how much the property will cost to rent, with no hidden fees.
Paying the deposit
You will normally pay a deposit. This is often the equivalent of around four or five weeks’ rent. It is against the law for a landlord to force you to pay a deposit of over five weeks’ rent (this increases to six weeks if your rent costs more than £50,000 annually). This should be placed in a deposit protection scheme, such as the approved schemes listed below.
Once you’ve paid your deposit, you landlord must confirm, in writing, within 30 days:
Source: Which?
It is possible your landlord will not place your deposit in a protection scheme. You can write to them to ask about it. If they do not give you the information you need, or if they do not respond at all, then you could take them to court.
Tenants have the right to live undisturbed, in a safe property which is in a good state of repair.
Your landlord should charge you what is known as market rent – the rate in your area. The property can be valued based on area, the number of bedrooms, and the outside space available, and the landlord should base their rent off this figure. Rent cannot increase during a fixed-term tenancy.
If your landlord lives outside the UK and charges you £100 or more per week in rent, paid directly to them, you need to contact HM Revenue and Customs (HMRC). You could have to deduct tax from your rent, under a scheme called the Non-Resident Landlord Scheme. You can challenge excessively high charges (i.e. if the rent cost is much higher than market value) by applying to the tenancy tribunal and asking for the rent to be reduced. This is more difficult if you’re in a periodic (rolling) tenancy.
Tenants have the right to enjoy good living conditions and have access to working appliances, including an oven, hot water, and phone ports.
Larger issues and repairs like the ones listed below are the responsibility of the landlord:
Your landlord must also ensure that you have water, gas and electricity that works safely.
You can reach out to your landlord in writing if you need to get anything repaired. Which? has a template which can be edited to suit your situation. How quickly they fix the repair depends on its severity.
Make sure you know the difference between a repair and an improvement. A repair makes an existing fixture or fitting work or safe to use again, whereas an improvement is a replacement that could be considered better than the previous fixture or fitting. Landlords must carry out repairs, but they do not have to make improvements.
Living peacefully in the property
Tenants have the right to enjoy the property they are renting in peace. You can control who has access, who enters, and when – including your landlord. It is illegal for them to let themselves in without warning, unless there is a legitimate emergency.
Your landlord must give you at least 24-hours’ notice by text, email, phone call or in person, if they want to access the property, and they must have a genuine reason for doing so. Reply to their request in writing, so you have a record of it in case of a future dispute.
Additionally, your landlord must visit during reasonable hours. The definition of reasonable hours will vary for each tenant. For example, what is reasonable for someone who works 9-5 will be different to what is reasonable for someone who works night shifts. You have the right to turn your landlord away if they arrive unannounced, unless there is an emergency.
A house in multiple occupation (HMO), also known as a house share, is when you rent a room in a property with at least two other tenants, and you share a toilet, bathroom or kitchen.
Your landlord should have registered the property as a HMO with the local council. You can contact the council to check this. In addition to their usual responsibilities, landlords of a HMO must also ensure:
*Overcrowding can be calculated in two ways: room standard and space standard.
| Number of rooms | Maximum number of people allowed |
|---|---|
| 1 | 2 |
| 2 | 3 |
| 3 | 5 |
| 4 | 7.5 |
| 5 | 10 |
| Room’s floor space in square feet | Room’s floor space in square metres | Maximum number of people allowed |
|---|---|---|
| 50-69 | 4.6-6.4 | 0.5 |
| 70-89 | 6.5-8.3 | 1 |
| 90-109 | 8.4-10.1 | 1.5 |
| 110 | 10.2 | 2 |
Approximately 3.5% of households were overcrowded in the period between 2017 and 2020. If your privately rented property is overcrowded by law, you can contact your local authority, who will act against the landlord on your behalf
You have the right to have your deposit returned when your tenancy ends, if you have met the terms of your tenancy agreement. Your landlord must give it back to you within 10 days of you agreeing how much you’ll receive.
Landlords have the right to make deductions from your deposit if:
They must give you a list of these deductions and the costs. You can ask your landlord for your deposit back if you disagree with these deductions.
A deposit protection scheme, such as the ones listed above, can usually help with any disputes surrounding deposit returns. It will also protect your deposit until any disagreements have been solved.
You have the right to have your deposit returned to you. The landlord may make deductions for the reasons listed above. However, by law your deposit must be protected by the scheme, and tenants can take landlords to court if they can prove their deposit was not protected. Most landlords would rather pay back the deposit than go to court.
Sometimes your circumstances change when you do not expect it, and you may need to end your tenancy early. Always give your landlord notice in writing.
Check your tenancy agreement. It may have a break clause, which allows you and your landlord to end the agreement before the original tenancy period ends.
Without this clause, you can only leave early if your landlord agrees. Otherwise, tenants are liable for the remaining rent due for the tenancy, until someone else begins renting the property.
You must give a minimum of four weeks’ notice to end the tenancy, unless your landlord has agreed on a shorter notice period. Evictions
The Housing Act 1988 lists two types of eviction notice:
Check your landlord has followed the procedures correctly if you’re served an eviction notice. You can challenge them if they haven’t.
You can appeal a Section 8 notice if you believe the reasoning the landlord has given is incorrect. The courts will send you information about how to appeal.
You can appeal a Section 21 notice if:
The court will send you information about how to challenge the notice (known as ‘defending possession’). Always seek legal advice before taking your landlord to court.
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Manak Solicitors is a trading name of Manak Lawyers Limited registered at Companies’ House in England & Wales Company Number: 09877015
Manak Lawyers Limited is authorised and regulated by the Solicitors Regulation Authority under SRA No. 627738, 628462 & 648124
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Manak Solicitors is a trading name of Manak Lawyers Limited registered at Companies’ House in England & Wales Company Number: 09877015
Manak Lawyers Limited is authorised and regulated by the Solicitors Regulation Authority under SRA No. 627738, 628462 & 648124
Manak Lawyers Limited does not accept service by fax or email
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