You may also have signed an agreement stating that the property was granted under a licence to occupy. When you have a problem with your landlord or your home, your rights and your landlords responsibilities depend on the type of rental agreement you have. The second provides landlords with information on how to maintain high standards and create positive relationships with tenants. If youre an assured shorthold tenant, you can decide with your landlord if you want to renew the tenancy for another fixed period or stay on a rolling basis. Your home may become unsafe due to a hazard which is defined as a problem in a home. 1. You can find samples of written tenancy agreements online. Your landlord has to follow certain rules to use a section 13 notice. Monday to Friday Email the housing services. It might be against the law if your landlord treats you unfairly or differently because of who you are, such as being disabled or being a woman. While tenants have specific rights, they also haveresponsibilities. mandatory House in Multiple Occupation (HMO)licensing, Read the guidance linked to above to establish whether your property is covered by mandatory HMO licensing. For example, your landlord may claim that the agreement is not a tenancy agreement but a licence to occupy. The landlord can apply for an accelerated possession order ifthey are not claiming any unpaid rent. Find out more about asking your landlord for changes to help with your disability. heating and hot water, for example the boiler. You have certain rights and responsibilities if youre a tenant in privately rented property. You can change your cookie settings at any time. Contact your local authority to establish whether your property is covered under a Selective Licensingscheme. Local authorities also have the power to introduce Selective Licensing schemes that apply to all privately rented houses located within a particular area. Although they do not form part of the PRS, propertyguardians and owners and residents of park homes sites can find a guide to further information on their situation in this section. How landlords and agents check tenants - Shelter England The vast majority of landlords continue to maintain high standards of conduct and behaviour. Advice for Renters If your home is damp, your landlord might not be responsible. A tenancy agreement exists even if there is only a verbal agreement between you and your landlord. If you cant reach an agreement with your landlord about how much you should pay, its easy for them to evict you. pipes and wiring. Claiming compensation for a personal injury, Help for victims of rape and sexual violence, Keeping your family in the UK after Brexit, Getting a visa for your spouse or partner, Checks your landlord or letting agent will make, Check how much it costs to rent a new home, 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, Check if your landlord has to protect your deposit, If you're being evicted because you asked for repairs, Taking your landlord to court if they havent followed the deposit rules. The change will usually be verbal too. This check should include the tenant and any adult who will be living with them. Although property guardians and those living on a park home site do not form part of the PRS, wehave included relevant information in section 3. This section looks at some of these issues to help you avoid them or if they do occur toensure they are addressed quickly andeffectively. Among others, the actions it can take include: For further information on maintaining a property free of hazards, please see the Housing health and safety rating system (HHSRS): guidance for landlords and property-related professionals. To help address such issues, this guidance aims to set out clearly the rights and responsibilities of landlords and tenants, and the consequences of breaching theserequirements. Under the Protection from Eviction Act 1977, your local authority has several enforcement powers to address illegal eviction by alandlord. You will generally find a Citizens Advice office in most cities, towns and large villages. For further information about what to do if you are threatened with illegal eviction, please see the Private renting for tenants: evictions guidance. In cases where disputes with tenants arise, landlords have several sources they can go to for the advice they need and there are also services available for resolving disputes: If you have pursued your agent because you want them to transfer money they hold on your behalf but you believe they are not able to repay, because for example they have become insolvent, then you should contact the agents client money protection scheme: Park homes are not part of the private rented sector. This document has been produced to help both landlords and tenants. If the tenant still does not leave, the landlord must apply for a warrant for possession. YouII usually need to let your landlord know in advance if you want to end your rental agreement - this is called giving notice. Please tell us more about why our advice didn't help. If you believe your landlord or letting agent is harassing you, makesure you keep a note or diary of all incidents and copies of all communications. Get advice about renting from a private landlord if you have an assured shorthold tenancy. Let us know, Copyright 2023 Citizens Advice. This will be the case even if your agreement says something else. See further information on the Homes (Fitness for Human Habitation) Act 2018. Reporting repairs may also form part of your tenancy agreement. Most of it will equally apply if you are. Let us know, Copyright 2023 Citizens Advice. Check with your local council to find out if your landlord needs an HMO licence and has obtained it. If your landlord doesnt follow the rules, you can challenge them. Go check them out. The amount of notice you should get and the process your landlord has to follow depends on the type of rental agreement you have. If your landlord or letting agent doesnt 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. 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. The third provides information on park homes sites and propertyguardians. Advice for people affected by child abuse. For example, how much notice they have to give you before they increase the rent and when they can give you notice. Your new landlord must give you their name and address in writing when they take over the property. Landlord and tenant rights and responsibilities in the private rented You dont automatically have to leave your home at the end of your fixed term tenancy. UK Housing Advice Is A Trading Style Of Nuovo Law Ltd. Companies House Number:10276282 Nuovo Law Ltd Is Regulated By The Financial Conduct Authority In Respect Of Regulated Claims . Authorised and regulated by the Financial Conduct Authority, What to look for in your tenancy agreement, Local housing allowance (LHA) for private renters. Section 21 eviction - for private renters who have had a section 21 notice. 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. See further information in the enforcement section. The Lettings agents and property managers: redress schemes guidance provides detailed information about the requirement and who it appliesto. You can also ask them to give you details about how theyve worked out the amount, if its not clear. If they dont give the money back, you might be able to take further action - talk to an adviser. As you will see from this guide, there is a wide range of supporting material about the law that applies to private renting. Check our advice on dealing with a rent increase. Dont include personal or financial information like your National Insurance number or credit card details. Furtherinformation on each type of licensing is provided below. It's a good idea to write or email when you ask for your deposit - this means you'll have a record of when you asked for it. Your landlord may also be able to take legal steps to evict you. There are several things to check when you have found a suitable property, such as ensuring the building is in a good condition. The Tenant Fees Act, coming in to force on 1June 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. They cant carry on renting the property with an F or G energy rating. Ask your landlord to return the illegal fees. Find out more about your landlords responsibilities if youre a private tenant, Find out more about your landlords responsibilities if youre a social housing tenant. If you decide to take action, these may be useful as evidence. For further information about what to do if you feelyou are being harassed by your landlord or letting agent, please see the Protection against harassment and illegal eviction: guidance. If your landlord says theyre going to take money off your deposit, they should tell you why - if they don't, ask them. Is there anything wrong with this page? Private renting for tenants: tenancy agreements - GOV.UK The rights laid down by law always override those which are stated in a written or oral agreement. Thismeans bailiffs can legally remove the tenantfrom the property. If you are visually impaired, the tenancy agreement must be written in a format you can use - for example, in large print or Braille. Maintain any appliances and furniture you have supplied. The guide does not cover lodgers (people who live with their landlord). You can change your cookie settings at any time. A section 21 notice cannot be served during the first 4 months of a tenancy, andcannot be actioned during the first 6 months of a tenancy. If there are any gas appliances in the property, you must arrange an annual gas safety check by a Gas Safe engineer. 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. If your landlord started the claim after 3 August 2020,talk to an adviser. Most people have this type of tenancy. The council can take them to court if they dont do this. If you're not a British or Irish citizen, your passport or documents must confirm your permission to be in the UK. For example, your right to occupy the accommodation and your landlord's right to receive rent for letting the accommodation. Check with your tenant if they are up to date with their bills/utility payments. Your landlord can increase your rent during the fixed term of your rental agreement if your contract says they can. They have to give you an EPC if you ask for one. Check if your housing problem is discrimination. Private renting: Your rights and responsibilities - GOV.UK If landlords or property agents receive a banning order, they will be added to the database of rogue landlords. This means, for example, that the tenancy agreement must not put either you or your landlord in a disadvantageous position, enable one party to change terms unilaterally without a valid reason or irrevocably bind you to terms with which you have had no time to become familiar. 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. Your local authority has a duty to take action if your property has deficiencies that could pose a serious threat to the tenants. An environmental health officer may then arrange to visit your home to assess any hazards within it. issue a civil penalty of up to 30,000, depending on the specific circumstances. Local Trading Standards can help tenants with the recovery of fees. Your landlord must provide a rent book or similar document - your landlord commits a criminal offence if they dont. You might also have to pay other bills - for example, council tax. If you dont know your homes energy efficiency rating, ask your landlord or agent for an energy performance certificate (EPC). They need to follow certain rules if they want you to pay more - these depend on the type of rental agreement you have.