Tenant advice

Tenant Advice

Over a third of properties in England in Wales are rented and just over half of those are properties are owned by private landlords (2011 Census data). That’s over 4.2m households. Even though the majority of landlords treat their tenants fairly and abide by the law, there are some who are unscrupulous and treat their tenants badly. If you are unlucky enough to have one of these as your landlord, it’s vital to know your rights. Many tenants don’t realise that landlords have responsibilities towards them and even when they do, sometimes they are too scared to question them or complain for fear of eviction. If you’re one of these tenants and have a problem you need to discuss, we’re here to help.

What should a Tenancy Agreement include?

A tenancy agreement should include the following:

  • The names of all the people involved
  • The property address
  • The start and end date of the tenancy
  • The rental price, how and on what date it’s paid
  • Information on how and when the rent will be reviewed
  • The deposit amount and how it will be protected
  • Details of when the deposit can be fully or partly withheld (eg to repair damage you’ve caused)
  • Any tenant or landlord obligations
  • An outline of bills you’re responsible for

It can also include information on:

  • Whether the tenancy can be ended early and how this can be done
  • Who’s responsible for minor repairs (other than those that the landlord is legally responsible for)
  • rules on sub letting

What are my Rights and Responsibilities as a Tenant?

If you’re a tenant in privately rented property, you have certain rights and responsibilities.

You have the right to:

  • Know who your landlord is – your landlord can be fined if they don’t give you this information with 21 days of the start of the tenancy
  • Live in a property that’s safe and in a good state of repair
  • Have your deposit protected and returned when the tenancy ends – as long as there is no damage to the property or furnishings
  • Challenge excessively high charges
  • To live in the property without being harrassed by your landlord or his agents
  • 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.
  • Not be discriminated against or harassed by your landlord because of age, gender, sexual 

Your responsibilities are:

  • To give your landlord access to the property to inspect it or to carry out repairs. You must be given at least 24 hours’ notice and it should take place at a reasonable time of day (unless it’s an emergency when immediate access is needed)
  • To take good care of the property
  • Pay the agreed rent in a timely manner, even if repairs are needed or you’re in dispute with your landlord
  • Pay other charges as agreed with the landlord, eg Council Tax or utility bills
  • Repair or pay for any damage caused by you, your family or friends
  • Not to use the property for illegal purposes
  • Only sublet the property if your tenancy agreement landlord allows it
  • If your landlord lives outside the UK and you pay in excess of £100 per week directly to them, HMRC may wish to deduct tax from the payments