Private renting

Your rights and responsibilities

In all privately rented property, you’ll have certain rights and responsibilities.

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 it protected
challenge excessively high charges
know who your landlord is
live in the property undisturbed
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 don’t know who your landlord is, ask the person or company you pay rent to, in writing. If they don’t give you this information within 21 days, your landlord may be fined.

Your responsibilities

You must 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 – eg by turning 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 - these may include 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

If you don’t fulfil your responsibilities, your landlord has the right to take legal action to evict you.

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 carry out a gas safety on each appliance and/or flue annually
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 (eg sockets and light fittings) is safe
all appliances they supply (eg cookers, kettles) are safe

Fire safety

Your landlord must:

follow fire safety regulations - eg by checking you have access to escape routes at all times
make sure furniture and furnishings they supply are fire safe
provide fire alarms and extinguishers (depending on the size of the property)

You can get fire safety advice online.

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 through attempting repairs

Your landlord is usually responsible for repairing common areas, like staircases in blocks of flats. This information should be in your tenancy agreement.

Your responsibilities

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

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

If you damage another tenant’s flat, eg 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

Contact your landlord if you think repairs are needed. Do this straightaway for faults that could damage health, like faulty electrical wiring.

You should continue to pay your rent while waiting for repairs to be done.

Your landlord should tell you when you can expect the repairs to be done.

If repairs aren’t done

Ask your local council’s environmental health department for help. Your council can make the landlord take action if the property contains health and safety hazards.

Shelter has information about repairs, including what to do if you’re in dispute with your landlord.

Download ‘Getting repairs done - your rights’ from Shelter (PDF, 334KB).

If your house isn’t fit to live in

If you’re worried about your home being unsafe, contact your local council’s housing department. Your council must ensure that home owners and landlords fix any hazards that could cause you harm.

Shelter has more information on how councils deal with poor housing conditions.

Rent increases

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

When your landlord can increase rent

For a periodic tenancy (rolling on a week-by-week or month-by-month basis):

your landlord can’t 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 don’t 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 (ie 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.

If you think the rent increase is unfair, you can apply to a rent assessment committee who will decide the rent amount.

Settling disputes

You can often sort out disputes with your landlord without going to court:

First, speak to your landlord about your concerns.
If this doesn’t work, write a formal letter setting out the problem.
Use a mediation service, which is usually cheaper and quicker than going to court.
As a last resort, you can take your landlord to court.

Deposit disputes

If you can’t get your deposit back, and your landlord protected it in a tenancy deposit protection scheme, contact the scheme they used.

Rent disputes

If you’re a private tenant and think your rent is too high, you might be able to appeal to the Rent Assessment Committee.

Going to court

If you or your landlord takes legal action, the case may go to a small claims court. Small claims are cases worth less than £5,000, or £1,000 if the case is about repairs to a property.

The courts provide a free mediation service for small claims cases, which can take place over the phone.

Free advice for disputes

You can get free advice about disputes or housing problems from Citizens Advice or Shelter.

A solicitor can also help you, but they might charge a fee.

If you have to go to court, you can get advice on the day of the hearing from the housing duty desk at the court.

Rent arrears

If you get behind with your rent, your landlord may evict you and you could lose your home.

Shelter has advice and information if you’re in rent arrears or having difficulty paying rent. It recommends talking to your landlord and trying to come to an agreement with them.

Always read any letters from your landlord – they may contain information about action your landlord’s going to take.

Going to court over rent arrears

If you can’t reach an agreement with your landlord, they can ask a court to evict you.

Deposits

If you can’t afford a deposit, you may be eligible for a deposit guarantee scheme.

Under this scheme, your local council will send a guarantee to your landlord for the deposit. Contact your local council for more information.

Deposit protection

Your landlord must usually place your deposit in 1 of 3 government-approved tenancy deposit protection schemes.

The schemes help make sure you get your deposit back if you meet the terms of your tenancy agreement.

Houses in Multiple Occupation

Your home is a House in Multiple Occupation (HMO) if:

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

A household consists of either a single person or members of the same family who live together. It includes people who are married or living together and people in same-sex relationships.

If you live in an HMO, your landlord must meet certain standards and obligations. Find out more about HMOs from Shelter.

Some HMOs must be licensed. Read the guide from the Department for Communities and Local Government (DCLG) to find out whether your landlord needs a licence for your house, and what this means for you.

How to complain

Contact your local council to report hazards in your HMO. The council is responsible for enforcing HMO standards and can make a landlord take action to correct any problems.

Anti-social behaviour

If you’re experiencing anti-social behaviour from a neighbour living in rented accommodation:

Speak to your neighbour: they may not realise they’re causing a nuisance.
Contact the landlord of the property: if the anti-social behaviour continues, ask the landlord to do something about it.
Contact the police: if the problem carries on, report it to the police.

If the landlord takes no action

Your local council can make a special management order if a landlord doesn’t take action to stop cases of serious and repeated anti-social behaviour.

This means the council takes over management of the property to tackle the anti-social behaviour. The landlord still owns the property.

If people in a number of houses in an area are behaving anti-socially, your local council can create a ‘selective licensing scheme’. This means all landlords of properties in that area must have a licence to show they’re meeting minimum standards.

Contact your local council and ask to speak to the anti-social behaviour co-ordinator.