Tenants’ rights: what are the rules when you live in a rented property?

While many landlords understand that a happy tenant is best for all parties, this is sadly not always the case. Here is our advice on your rights as a tenant.

Your “security deposit”

Before you move in, you will be required to pay a deposit of up to two months’ rent, depending on where in the UK you live.

This is known as a “security deposit” and is paid either direct to the landlord or to their appointed lettings agency.

This will be paid back to you in full when you move out, so long as your landlord agrees there should be no deductions for damage or breakages at the property you have rented. You may end up agreeing some deductions are fair.

In England, the amount paid is normally a maximum of five weeks’ rent.

In Scotland, the maximum account is two months’ rent.

In Wales and Northern Ireland, there is no formal limit, but the usual amount is a month’s rent.

Once you have paid your “security deposit”, your landlord must register it with an approved deposit protection scheme.

This acts to ensure a fair settlement is reached, should you and your landlord disagree at the end of your tenancy.

What about a 'holding deposit'?

You may be asked for a week’s rent up front to secure a property.

This is known as a “holding deposit” and is additional to the security deposit.

Rules around holding deposits differ.

In England and Wales, holding deposits are limited to one week’s rent. In Northern Ireland, there is no limit. In Scotland, holding deposits are illegal.

These deposits are normally refunded when you move in or can be deducted from a first rent payment.

It’s important to know what will happen about this before paying anything.

You should not have to pay additional tenancy fees for administration, referencing, police or credit checks, or renewing a tenancy agreement.

If your landlord or letting agent charges for any of the above, remind them of the rules. You are only required to pay the “security deposit”.

The above refers to England, Scotland, and Wales.

In Northern Ireland, letting agents can’t charge for services that benefit the landlord. But if you rent directly from a landlord, you may need to pay fees.

Tenancy fees to pay

The following fees may be outlined in your tenancy agreement:

• changing the tenancy agreement (such as registering a new tenant). Up to £50.

• Council Tax

• ending your tenancy early

• paying your rent late, damage or loss of keys

• utilities

Repairs and maintenance

Your landlord is responsible for:

• keeping your home safe and warm

• a working water supply

• safe access to gas and electricity

As a tenant, you’re usually responsible for general upkeep including changing light bulbs, unblocking sinks, gardening, and cleaning.

If an issue with the property threatens your health and safety, you must report this to your landlord as soon as possible.

This could include a boiler breakdown, leaky pipes, faulty or exposed electrical wiring, damp problems, pest infestations, and broken doors and windows.

House shares (HMOs)

Landlords seeking maximum profits often choose to convert different rooms in homes to rent out to several people under one roof.

If you rent a room in a house with at least two other people and share a toilet, bathroom, or kitchen, then this means your home is registered as an HMO.

HMO landlords have extra responsibilities. They must ensure that:

• proper fire safety measures are in place, including working smoke alarms

• annual gas safety checks are carried out and electrics are checked every five years

• the property is not overcrowded

• there are enough cooking and bathroom facilities as well as rubbish bins

• communal areas and shared facilities are clean and in good repair

Can I complain about rent increases?

When you come to renew your tenancy agreement, your landlord may try to increase your rent.

If you disagree with a proposed increase, the first step is to talk to your landlord about why they want to put the rent up. If you disagree with the increase, you can try to haggle the amount down. Your landlord isn’t allowed to increase your rent during the term covered by your tenancy agreement.

In Scotland, landlords can only increase rent once a year and must give three months’ written notice. The only exception is if there’s a clause in the tenancy agreement stating your rent can be increased.

Can I move before the end of my tenancy agreement?

How quickly and easily you can move out of a rented property will depend on whether you’re still within the fixed term of a tenancy or not.

If you’re in a fixed term tenancy, you should check if your tenancy agreement contains a ‘break clause’. This allows you to end the agreement before the end of the term.

If you’ve gone beyond the fixed term, your agreement will be a periodic or ‘rolling’ tenancy, from week to week or month to month. In this case, you normally must give at least four weeks’ notice to end it, or a calendar month if you have a monthly tenancy.

Getting your deposit back

At the end of the tenancy, your landlord should return your deposit. Landlords can make deductions for damage to the property and missing or broken items, cleaning costs or unpaid rent or bills.

Any deductions must be reasonable, and the landlord must provide evidence of the costs incurred.

Your deposit should be stored with a deposit protection scheme. To get the deposit back, your landlord will contact the scheme and confirm that the tenancy has ended.

The landlord can then either have the full deposit returned to you, or propose deductions, which must be itemised. If you disagree with a deduction, you should raise this with the landlord.

If you and your landlord can’t reach an agreement, you can submit a dispute with the protection scheme. The evidence will be reviewed by adjudicators, who will rule on how much each party receives.

If you come to the end of your tenancy and your landlord doesn’t respond to a request to get your deposit back, you can apply to the scheme to release it to you.

Eviction rules and rights

Landlords in England and Wales can use Section 8 or Section 21 notices to evict their tenants.

• Section 8 is used if the tenant has broken the terms of their contract, for example by not paying their rent. If the tenant doesn’t move out after receiving a Section 8 notice, the landlord can apply to a court for a possession order.

• Section 21 is used at the end of a fixed contract term or in periodic/rolling tenancy and allows landlords to evict their tenant without giving a reason. The government has announced plans to scrap Section 21, but currently the rules remain in operation. When providing a Section 21 notice, landlords must give tenants at least two months’ notice to leave the property.

In Northern Ireland, your landlord must give four weeks’ notice if you’ve lived in the property for less than a year, eight weeks’ notice for between one and 10 years and 12 weeks’ notice for more than 10 years.

Complain about your landlord

If you’re unhappy with your landlord, the first thing to do is to contact them in writing. Explain what the problem is and what can be done to put it right. Some larger landlords will have a complaints procedure that you can follow.

If you have a serious issue with your landlord that isn’t being resolved (for example, a problem such as damp or structural issues with the property) you can contact your council to see what support is available. Most councils have private rented housing teams or tenancy relations officers.

Before making a formal complaint, check if the landlord is a member of a professional body, such as the National Residential Landlords Association. Landlords who are members of a trade body must adhere to its Code of Practice.