Private renting

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1. Your rights and responsibilities

You have certain rights and responsibilities if you’re 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 3 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:

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.

If your landlord lives outside the UK

Contact HM Revenue and Customs (HMRC) if your landlord lives outside the UK and you pay £100 or more a week in rent directly to them.

You may have to deduct tax from your rent under HMRC’s ‘non-resident landlord scheme’.

2. Document checks

You must prove that you have a right to rent property in England if you’re:

  • starting a tenancy on or after 1 February 2016
  • renting it as your main home

Exemptions

You will not have to prove your right to rent if you live in:

  • student accommodation, for example halls of residence
  • accommodation provided by your employer as part of your job or training
  • social housing
  • accommodation provided by the council
  • hostels and refuges
  • a care home, hospital or hospice
  • accommodation with a lease of 7 or more years

Check the full list of exemptions from the right to rent property checks.

Proving your right to rent

If you’re a British or Irish citizen, you’ll need to show your landlord one or more documents to prove your right to rent. For example, you can use your passport if you have one.

If you’re not a British or Irish citizen, you can usually apply online for a share code to give to your landlord. If you cannot get a share code, you can use documents to prove your right to rent.

You can check how to prove your right to rent to your landlord.

If you have a biometric residence card or permit, you can only use it to apply online for a share code. You cannot give your landlord your physical card or permit to prove your right to rent.

What your landlord must do

Your landlord (or letting agent) must:

  • check your documents or carry out an online right to rent check to make sure you can rent a property in England
  • check the documents or carry out an online right to rent check of any other adults living in the property
  • make copies of your documents and keep them until you leave the property
  • return your original documents to you once they’ve finished the check

Your landlord must not discriminate against you, for example because of your nationality.

If you cannot prove your right to rent

You will not be able to rent property if you cannot provide the acceptable documents.

If the Home Office has your documents

If the Home Office has your documents because of an outstanding case or appeal, ask your landlord to check with the Home Office.

Give your landlord your Home Office reference number to do the check.

If your circumstances mean you can still rent in the UK

In some circumstances, you can still rent even if you are not allowed to stay in the UK, for example if you’re:

Check with the Home Office team that’s dealing with your case.

Your landlord will have to check with the Home Office.

Repeat checks

You will not have a further check if you stay in the same property and either:

  • you’re a British or Irish citizen
  • you have no time limit on your right to stay in the UK

If there’s a time limit on your right to stay in the UK, your landlord will need to check your right to rent again.

They’ll do the next check after 12 months or just before your permission to stay runs out, if that’s sooner.

3. Your landlord's safety responsibilities

Your landlord must keep the property you live in safe and free from health hazards.

Gas safety

Your landlord must:

  • make sure gas equipment they supply is safely installed and maintained by a Gas Safe registered engineer
  • have a registered engineer do an annual gas safety check on each appliance and flue
  • give you a copy of the gas safety check record before you move in, or within 28 days of the check

Electrical safety

Your landlord must make sure:

  • the electrical system is safe, for example sockets and light fittings
  • all appliances they supply are safe, for example cookers and kettles

Fire safety

Your landlord must:

  • follow safety regulations
  • provide a smoke alarm on each storey and a carbon monoxide alarm in any room with a solid fuel burning appliance (for example a coal fire or wood burning stove)
  • check you have access to escape routes at all times
  • make sure the furniture and furnishings they supply are fire safe
  • provide fire alarms and extinguishers if the property is a large house in multiple occupation (HMO)

4. Repairs

What your landlord must do

Your landlord is always responsible for repairs to:

  • the property’s structure and exterior
  • basins, sinks, baths and other sanitary fittings including pipes and drains
  • heating and hot water
  • gas appliances, pipes, flues and ventilation
  • electrical wiring
  • any damage they cause by attempting repairs

Your landlord is usually responsible for repairing common areas, for example staircases in blocks of flats. Check your tenancy agreement if you’re unsure.

Your responsibilities

You should only carry out repairs if the tenancy agreement says you can.

You cannot be forced to do repairs that are your landlord’s responsibility.

If you damage another tenant’s flat, for example if water leaks into another flat from an overflowing bath, you’re responsible for paying for the repairs. You’re also responsible for paying to put right any damage caused by your family and friends.

If your property needs repairs or has mould

Contact your landlord if you think your property needs repairs or has mould. Do this straight away for faults that could damage health, for example faulty electrical wiring.

Your landlord should tell you when you can expect the repairs to be done. You should carry on paying rent while you’re waiting.

Get more information about what to do if your property needs repairs or has mould.

If repairs are not done

Contact the environmental health department at your local council for help. They must take action if they think the problems could harm you or cause a nuisance to others.

Contact the Private Rented Housing Panel (PRHP) if you’re in Scotland.

If your house is not fit to live in

If you think your home’s unsafe, contact housing department at your local council. They’ll do a Housing Health and Safety Rating System (HHSRS) assessment and must take action if they think your home has serious health and safety hazards.

There are different:

5. Rent increases

Your tenancy agreement should include how and when the rent will be reviewed.

There are special rules for increasing protected (sometimes known as ‘regulated’) tenancy rents.

When your landlord can increase rent

For a periodic tenancy (rolling on a week-by-week or month-by-month basis) your landlord cannot normally increase the rent more than once a year without your agreement.

For a fixed-term tenancy (running for a set period) your landlord can only increase the rent if you agree. If you do not agree, the rent can only be increased when the fixed term ends.

General rules around rent increases

For any tenancy:

  • your landlord must get your permission if they want to increase the rent by more than previously agreed
  • the rent increase must be fair and realistic, which means in line with average local rents

How your landlord must propose a rent increase

If the tenancy agreement lays down a procedure for increasing rent, your landlord must stick to this. Otherwise, your landlord can:

  • renew your tenancy agreement at the end of the fixed term, but with an increased rent
  • agree a rent increase with you and produce a written record of the agreement that you both sign
  • use a ‘Landlord’s notice proposing a new rent’ form, which increases the rent after the fixed term has ended

Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly). If you have a yearly tenancy, they must give you 6 months’ notice.

6. Rent disputes

You can apply to a tribunal to decide on certain rent disputes in England.

There are different ways to:

Rent increase

You can only apply to the tribunal if:

  • you have an assured or assured shorthold tenancy
  • your rent’s been increased as part of a ‘section 13 procedure’ - the letter from your landlord will say if it has, and will tell you more about applying to the tribunal

You must apply before the new rent is due to start.

New rental terms

You can ask the tribunal to decide new rental terms when you renew your tenancy.

Rent set by rent officer

Contact the Valuation Office Agency if you have a regulated or protected tenancy.

If a rent officer has set your rent before, the only way to increase it is to have a rent officer set a new rent. If a rent officer has not set your rent before, they can set a rent limit. The landlord cannot charge more.

You can appeal against a rent officer’s decision. They may pass your case to a tribunal, which can make a final decision on the rent.

If you think your rent is high when you start a tenancy

You may be able to apply to the tribunal. Contact Citizens Advice for advice.

You must apply within 6 weeks of moving in.

7. Rent arrears

If you miss your rent payments or are late paying rent, you’re in rent arrears.

Your landlord can evict you if you’re in rent arrears - you could lose your home.

Getting notice of an eviction for rent arrears

How much notice your landlord has to give you that you’re being evicted for rent arrears depends on the type of tenancy you have.

Your landlord has to give you 2 weeks’ notice if both of the following apply:

  • you’re in rent arrears or often in rent arrears
  • you have an assured shorthold tenancy or an assured tenancy

They need to use a ‘section 8’ notice.

If you do not leave the property by the end of the notice period, your landlord can apply to the court to evict you.

If you have an assured shorthold tenancy

Your landlord can also evict you without giving a reason, whether you’re in rent arrears or not.

They need to use a ‘section 21’ notice. They have to give you at least 2 months to move out before they can apply to take you to court.

If your landlord issues you a section 8 and a section 21 notice and they have different eviction dates, you could be taken to court if you do not move out by whichever date is soonest.

If you have a regulated tenancy or excluded tenancy or licence

There are different rules on when your landlord can evict you or take you to court.

If your landlord takes you to court to evict you

If they’re evicting you with a section 8 notice, they need to prove to the court that you’re in arrears.

The court will approve the eviction if your rent is:

  • 2 months late, and you pay monthly
  • 8 weeks late, and you pay weekly

If your rent is not that late, the court will consider whether eviction would be ‘reasonable and proportionate’ when making a decision.

The court can decide not to approve the eviction, but set conditions you have to meet to stay in your home. For example:

  • paying your landlord the rent you owe by a certain date
  • not falling into rent arrears again

Find out about eviction court hearings.

Help if you cannot afford rent

You can speak to a debt advisor for help handling your rent arrears.

You can also:

Depending on your situation, you may be able to:

If you get Universal Credit or Housing Benefit

You can apply for a discretionary housing payment to help with your rent.

If you get Universal Credit and you’re at least 2 months late on rent, you or your landlord can ask for your rent to be paid straight to your landlord. This is called an Alternative Payment Arrangement (APA).

8. Deposits

You may have to pay a deposit before you move in.

The maximum deposit your landlord can ask for is:

  • up to 5 weeks’ rent if the rent for the year is less than £50,000 
  • up to 6 weeks’ rent if the rent for the year is £50,000 or more

They can also ask for a holding deposit to reserve a property. This can be up to one week’s rent.

If you cannot afford the deposit

Contact your local council if you need help paying the deposit. The council can tell you if you’re eligible for:

  • rent or deposit guarantee schemes

  • a discretionary housing payment, if you get Housing Benefit or Universal Credit
  • local schemes to prevent homelessness

If you’re on certain benefits you may also be able to get a Budgeting Loan, or a Budgeting Advance if you’re on Universal Credit.

Deposit protection

There are different rules for protecting deposits if you’re a tenant in a privately rented property in Wales.

In England, your landlord must keep your deposit safe using a government-approved tenancy deposit protection scheme if both of the following apply:

Your landlord may still have had to protect your deposit if it was taken earlier. Find out about tenancy deposit protection rules.

Getting your deposit back

You can get your deposit back at the end of the tenancy if you:

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

If you do not, your landlord can keep some of the deposit to pay for these things. For example, they could keep the amount of rent you owe or the cost of any repairs.

It usually takes 5 to 10 days for your landlord to return your deposit.

If you cannot get your deposit back

Contact the tenancy deposit protection scheme your landlord used if you have trouble getting your deposit back.

For example, if:

  • your landlord will not give your deposit back 

  • you cannot get in touch with your landlord to get your deposit

  • you disagree with your landlord about how much of your deposit they’ll pay back

If you overpaid your deposit

If you paid your landlord or letting agent more than the maximum deposit, you can ask them to give back the amount you overpaid. 

If they refuse, contact your local council to report them and get help. 

You can also apply to:

You can get free advice on getting back your deposit from Citizens Advice.

9. Houses in multiple occupation

Your home is a house in multiple occupation (HMO) if both of the following apply:

  • at least 3 tenants live there, forming more than 1 household
  • you share toilet, bathroom or kitchen facilities with other tenants

Your home is a large HMO if both of the following apply:

  • at least 5 tenants live there, forming more than 1 household
  • you share toilet, bathroom or kitchen facilities with other tenants

A household is either a single person or members of the same family who live together. A family includes people who are:

  • married or living together - including people in same-sex relationships
  • relatives or half-relatives, for example grandparents, aunts, uncles, siblings
  • step-parents and step-children

Large HMOs need a licence from the local council.

Rules for HMOs

The usual rules for landlords and tenants apply to all HMOs - check your rights, your landlord’s safety responsibilities and the rules on repairs.

Your local council may have extra rules for your HMO. Contact your local council to check.

If you live in a large HMO

Your landlord has to make sure the property meets certain standards. Check the standards for large HMOs.

How to complain about an HMO

Contact your local council to report problems with your HMO. 

The council is responsible for enforcing HMO standards and can make a landlord take action to correct any problems.

When you can claim back rent

You may be able to reclaim some of your rent if your landlord has been renting out an unlicensed large HMO.

You’ll need to apply to a tribunal to reclaim it.

You can contact your local council to check if an HMO is licensed.

10. Anti-social behaviour

Report anti-social behaviour to your local council.

Your council can take over the management of a property to stop anti-social behaviour.

It can also create a ‘selective licensing scheme’ if people in several houses in an area are behaving anti-socially. All landlords of properties in that area must then have a licence to show they’re meeting minimum standards.

11. Changes to a regulated tenancy

There are special rules for changing rents and terms for regulated tenancies (usually starting before 15 January 1989).

When your landlord can increase rent

Your landlord can only increase the rent up to the registered rent, which is the legal maximum set by a rent officer from the Valuation Office Agency (VOA). This is sometimes called ‘fair rent’.

Check the register of rents to find out if the rent is registered and how much it is.

You or your landlord can ask the VOA to review the rent so that it remains fair, usually every 2 years. You can request it sooner if there’s a major change to the home (for example, repairs or improvements).

Fill in the fair rent review form and send it to the address on the form.

If your rent increases

Your landlord must serve you a notice of increase of rent in writing. It must include details of the changes, for example how much the rent will increase by and when it will start.

Your landlord can do this with an official notice of increase form, which they can get from legal stationers.

An increase in rent may be backdated to the date of the notice, but it cannot be backdated by more than 4 weeks or to earlier than the date it’s registered.

If you think a registered rent increase is too high

You can appeal against the VOA’s decision to increase a registered rent by writing to the rent officer within 28 days of receiving it. You can appeal later but only if you have a good reason for the delay, for example if you’ve been in hospital.

The registered rent may be reconsidered by a tribunal - it will make a final decision on the rent limit for the property.

Cancel a registered rent

Download and fill in an application form to cancel a registered rent and send it to the address on the form (for example, if the tenancy stops being regulated, or you and your landlord agree to cancel it).

It may take up to 6 weeks to cancel a registered rent.

12. Complaints

Follow these steps if you have a problem with your landlord:

  1. Complain to your landlord - they should have a complaints policy that you can follow.

  2. Make a complaint to a ‘designated person’ (your MP, a local councillor or a tenant panel) if you cannot resolve the problem with your landlord.

  3. Contact your council or local authority if you and your landlord still cannot resolve the problem.