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How To Rent Guide

This document provides a checklist and guide for renting a property in England under an assured shorthold tenancy. It outlines key questions to ask, such as rental costs, length of tenancy, rights and responsibilities of tenants and landlords. The guide covers topics like deposit amounts, prohibited fees, finding a property, paperwork, maintenance issues, and ending a tenancy. It is intended to help tenants understand their rights and protect themselves from potential problems.

Uploaded by

chris battle
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
0% found this document useful (0 votes)
112 views

How To Rent Guide

This document provides a checklist and guide for renting a property in England under an assured shorthold tenancy. It outlines key questions to ask, such as rental costs, length of tenancy, rights and responsibilities of tenants and landlords. The guide covers topics like deposit amounts, prohibited fees, finding a property, paperwork, maintenance issues, and ending a tenancy. It is intended to help tenants understand their rights and protect themselves from potential problems.

Uploaded by

chris battle
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
Available Formats
Download as PDF, TXT or read online on Scribd
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HOW TO...

RENT The checklist for


renting in England

Part of the How to Guides series


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HOW TO RENT 2

Contents
1. Assured shorthold tenancies 3 5. Living in your rented home 11

2. Before you start 4 The tenant must… 11


The tenant should… 11
Key questions 4
The landlord must… 12
Ways to rent a property 5
The landlord should… 12
3. Looking for your new home 6
6. At the end of the fixed period 13
Things to check 6
If you want to stay 13
Licensing requirements 8
If you or the landlord want to end the
4. When you’ve found a place 9 tenancy 13

Check the paperwork 9 7. If things go wrong 15

Protection from eviction 16

8. Further sources of information 17

Please be aware that some advice in this guide may be affected by


the latest coronavirus (COVID-19) guidance for renting.
Please refer to guidance for landlords, tenants and local authorities
reflecting the current COVID-19 outbreak.

The landlord, or the letting agent, should give the


current version of this guide to the tenant when a new Who is this guide for?
assured shorthold tenancy starts. There is no
requirement for a landlord to provide the document This guide is for people who are
again if the assured shorthold tenancy is renewed, renting a home privately under an
unless the document has been updated. assured shorthold tenancy, either direct from a
landlord or through a letting agency. Most of it
will equally apply if you are in a shared property
but in certain cases, your rights and
responsibilities will vary.

The guide does not cover lodgers (people who live


with their landlord) or people with licences (such
as many property guardians – see this specific
guidance) – nor tenants where the property is not
December 2020 their main or only home.
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1. Assured shorthold tenancies


When you enter an assured shorthold tenancy – the Take your time to read documents and contracts
most common type – you are entering into a carefully. When you rent a home, people sometimes
contractual arrangement. expect you to make a quick decision, or to sign
documents before you’ve had time to think about
This gives you some important rights as well as some them.
responsibilities.
You shouldn’t feel forced into a decision and it is
This guide will help you to understand what your rights important to understand the terms and conditions of
are, what responsibilities you have and what questions any contract you are agreeing to before you sign it.
to ask.
Your landlord must provide you with a copy of this
This will help you create a positive relationship with guide, so use the checklist and keep it safe to
your landlord, but will also tell you how to get help if protect yourself from problems at every stage.
things go wrong.
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2. Before you start


Key questions
£ Is the landlord or letting agent trying to £ Are you are entitled to Housing Benefit
charge any fees? For example, for holding or Universal Credit? If so, you may get help
the property, viewing the property or setting with all or part of your rent. If you are renting
up a tenancy agreement? Since 1 June 2019, from a private landlord you may receive up
most fees charged in connection with a tenancy to the Local Housing Allowance (LHA) rate to
are banned. A charge to reserve a property is cover or help with the cost of rent. Check with
permitted but it must be refundable and it cannot this online calculator to see if you can afford to
equate to more than 1 weeks’ rent. Viewing fees live in the area you want. You should also look
and tenancy set-up fees are not allowed. See at this advice about managing rent payments on
‘Permitted fees’ below for more details. Universal Credit.

£ How much is the deposit? Since 1 June 2019, £ Which area you would like to live in and
there has also been a cap on the deposit that how you are going to look for a rented
the tenant is required to pay at the start of the home? The larger the area where you are
tenancy. If the total annual rent is less than prepared to look, the better the chance of
£50,000, the maximum deposit is 5 weeks’ finding the right home for you.
rent. If the annual rent is £50,000 or above, the
maximum deposit is 6 weeks’ rent. The deposit £ Do you have your documents ready?
must be refundable at the end of the tenancy, Landlords and agents will want to confirm your
usually subject to the rent being paid and the identity, immigration status, credit history and
property being returned in good condition, and possibly employment status.
it must be ‘protected’ during the tenancy. See £ Do you have the right to rent property?
‘Deposit protection’ below. Landlords in England must check that all people
£ How long do you want the tenancy for? aged 18 or over, living in their property as
The landlord must allow you to stay in the their only or main home have the right to rent.
property for a minimum of 6 months. Most Landlords must carry out this check before the
landlords offer tenancies for a fixed term of 6 or start date of your tenancy agreement. There
12 months. However, it is possible to negotiate are two types of right to rent checks; a manual
a longer tenancy. Alternatively, you could agree document-based check or a check via the Home
to a tenancy which rolls over on a weekly or Office online checking service. Your landlord
monthly basis. These tenancies have no fixed end can’t insist which option you choose but not
date, but the landlord must allow you to stay in everyone can use the online service.
the property for at least 6 months.
Further information on how to prove your right
£ What can you afford? Think about how to rent to a landlord can be found on GOV.UK.
much rent you can afford to pay: 35% of your
take-home pay is the most that many people £ Will you need a rent guarantor?
can afford, but this depends on what your Some landlords might ask someone to guarantee
other outgoings are (for example, whether you your rent. If you don’t have a guarantor, you can
have children). ask Shelter for advice.
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Ways to rent a property

Direct from the landlord Through a letting agent

£ Look for landlords who belong to £ Letting agents must be a member of a redress
an accreditation scheme. Accreditation scheme. You should check which independent
schemes provide training and support to redress scheme the agent is a member of in
landlords in fulfilling their legal and ethical case you have an unresolved dispute.
responsibilities. Your local authority can advise
you about accreditation schemes operating in £ If they receive money from you such as rent
your area. The National Residential Landlords payments, you should also check they are a
Association and the Guild of Residential member of a client money protection scheme.
Landlords run national schemes. See a list of approved schemes. By law, this
information should also be clearly visible to
you at the agent’s premises and on their
website.

£ Reputable agents are often accredited


through a professional body such as ARLA
Propertymark, GPP , Safeagent,
RICS or UKALA.

Watch out for scams!


Be clear who you are handing
money over to, and why.
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3. Looking for your new home


Things to check
£ Deposit cap. Check that the tenancy deposit £ Smoking and pets. Check if there are any rules
you’re being asked for is not more than 5 weeks’ about them, as well as for other things such as
worth of rent (where annual rent is less than keeping a bike, dealing with refuse and recycling.
£50,000) or 6 weeks’ rent (where annual rent is
more than £50,000). £ Bills. Check who is responsible for bills such as
electricity, gas, water and council tax. You or
£ Deposit protection. If the landlord asks for the landlord? Usually the tenant pays for these.
a deposit, check that it will be protected in Advice on paying bills is available here.
a government approved scheme. Some schemes
hold the money, and some insure it. You may be £ Fixtures and fittings. Check you are happy
able to access a bond or guarantee scheme that with them, as it is unlikely that you will be able to
will help you put the deposit together. Contact get them changed once you have moved in.
your local authority for advice. £ Smoke alarms and carbon monoxide
£ You may be offered a deposit replacement detectors. Landlords must have at least one
product as an alternative to a cash deposit.  smoke alarm installed on every storey of a
A landlord or agent cannot require you to use a property they let out. In addition, if you have
deposit replacement product but may allow it as solid fuel appliances like wood burning stoves
an option without breaking the Tenant Fees Act. or open fires, check carbon monoxide detectors
There are several different deposit replacement must be provided. If not, your landlord must
products available on the market. Depending on install them. They could save your life.
the product, you may be required to pay a non- £ Safety. Check that the property is safe to live in.
refundable fee up-front (often equivalent to one Use the How to rent a safe home guide to help
week’s rent) and/or a monthly payment for the you identify possible hazards.
duration of your tenancy. With most products
you will still be responsible for the costs of any £ Fitness for human habitation. Your property
damages incurred at the end of the tenancy must be safe, healthy and free from things that
or required to pay an excess on any claim for could cause serious harm. If not, you can take
damages or unpaid rent. It is strongly advised your landlord to court. For more information, see
to always check the terms and conditions and the tenants’ guide on using the Homes (Fitness
to see if it is regulated by the Financial Conduct for Human Habitation) Act 2018. You should also
Authority (FCA). check whether your tenancy agreement excuses
you from paying rent should the building become
£ Length of tenancy. There is usually a fixed unfit to live in because of, for example, a fire or
period of 6 or 12 months. If you want more flood.
security, it may be worth asking whether the
landlord is willing to agree to a longer fixed
period. Alternatively, you may be offered a
weekly or monthly assured shorthold tenancy
which does not last for a fixed period. Even with
those tenancies, however, the landlord must
allow you to stay in the property for a minimum
of 6 months.
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Check who your landlord is Permitted fees

Make sure you have the name of your landlord The government’s guidance on the Tenant Fees
and an address in England or Wales where the Act contains information about the fees that
landlord will accept service of notices, in writing. letting agents and landlords are prohibited to
Landlords are obliged to provide you with this charge tenants, as well as the fees that are
information and the rent is not ‘lawfully due’ until permitted.
they do so.
Permitted fees are as follows:
If the property is a flat, ask whether the landlord is
the owner or leaseholder of the flat, and ask £ rent
whether the freeholder, for example the owner of
£ a refundable tenancy deposit capped at no
the block, has agreed to the flat being let out. If
more than 5 weeks’ rent where the total
the landlord has a mortgage ask whether the
annual rent is less than £50,000, or 6 weeks’
mortgage company has agreed to the letting. The
rent where the total annual rent is £50,000
landlord may not need the freeholder’s consent
or above
but, if there is a mortgage, the lender’s consent
will always be needed. Be aware that you may £ a refundable holding deposit (to reserve a
have to leave the property if the landlord does not property) capped at no more than
keep up the mortgage payments. 1 week’s rent

If the property is a house, ask whether the £ payments associated with early termination of
landlord is the owner, whether the landlord has a the tenancy, when requested by the tenant
mortgage and whether the mortgage company
£ payments capped at £50 (or reasonably
has agreed to the letting. You may have to leave
incurred costs, if higher) for the variation,
the property if the landlord does not keep up the
assignment or novation of a tenancy
mortgage payments.
£ payments in respect of utilities,
If the ‘landlord’ is not the property owner – and communication services, TV licence and
they claim to be a tenant, a family member or a Council Tax
friend, be very cautious, as it could be an unlawful
sub-letting. £ a default fee for late payment of rent and
replacement of a lost key/security device
giving access to the housing, where required
under a tenancy agreement

All other fees, including the following, are


banned:

£ viewing fees, any charge for viewing


the property

£ tenancy set up fees, any charge for setting up


the tenancy or contracts

£ check out fees, any charge for leaving


the property

£ third party fees, any charge for anything that


is done by someone other than the landlord or
tenant but that the landlord must pay for
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Licensing requirements

Houses in Multiple Occupation


(HMOs)

HMOs are usually properties where three or more


unrelated people share facilities such as a kitchen
or bathroom.

Some HMOs must be licensed. Check that your


landlord has the correct licence. Landlords of
licensed HMOs must by law give tenants a
statement of the terms on which they live in the
property.

Selective Licensing

Some single family dwellings may also need to be


licensed. Check with your local authority whether
the house is within a selective licensing scheme
area. Selective licensing enables a local housing
authority to require all landlords of privately
rented housing in a designated area to obtain
a licence for each individual property. It gives the
local housing authority powers to
inspect properties and enforce standards
to address specific property issues.
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4. When you’ve found a place


Check the paperwork
£ Tenancy Agreement. Make sure you have a £ Meter readings. Remember to take meter
written tenancy agreement and read it carefully readings when you move in. Take a photo
to understand your rights and responsibilities showing the meter reading and the date and
before you sign it. The landlord or agent usually time, if possible. This will help make sure you
provides one, but you can ask the landlord don’t pay for the previous tenant’s bills.
or agent to consider using a different version
instead. The government has published a model £ Contact details. Make sure that you have the
tenancy agreement which can be downloaded correct contact details for the landlord or agent,
for free. If you have any concerns about the including a telephone number you can use in
agreement, seek advice before you sign. If you case of an emergency. You are legally entitled to
are unhappy with the tenancy agreement, the know the name and address of your landlord.
Tenant Fees Act allows tenants to walk away £ Code of practice. Ask whether your landlord or
from unfair terms without forfeiting the holding agent has signed a code of practice, which may
deposit. give you additional assurance about their conduct
£ Inventory. Agree an inventory (or check-in report) and practices.
with your landlord before you move in and, as an
extra safeguard, make sure that you take photos.
This will make things easier if there is a dispute
about the deposit at the end of the tenancy. If
you are happy with the inventory, sign it and
keep a copy. From 1 June 2019, landlords/letting
agents cannot charge certain fees – see the
government’s guidance for more information.
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HOW TO RENT 10

The landlord must provide you with:

£ A copy of this guide ‘How to rent: the checklist for renting in England’ when a new tenancy starts as a
printed copy or, if you agree, via email as a PDF attachment.

£ A gas safety certificate. The landlord must provide you with a copy of this certificate before you enter into
occupation of the property and must give you a copy of the new certificate after each annual gas safety
check, if there is a gas installation or appliance.

£ Deposit paperwork. If you have provided a deposit, the landlord must protect it in a government
approved scheme within 30 days and provide you prescribed information about it. Make sure you get the
official information from your landlord, and that you understand how to get your money back at the end
of the tenancy. Keep this information safe as you will need it later.

£ The Energy Performance Certificate (EPC). Your landlord must provide you with a copy of the EPC, which
contains the energy performance rating of the property you are renting, free of charge at the onset of
your tenancy. As of April 2020, all privately rented properties must have an energy performance rating of
EPC Band E or above (unless a valid exemption applies) prior to being let out. You can also search online
for the EPC and check its rating on https://www.epcregister.com/.

The landlord should also provide you with:

£ A record of any electrical inspections.

£ Under the Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020, landlords
have to get their property electrics checked at least every five years by a properly qualified person. This
applies to new tenancies from 1 July 2020 and existing tenancies from 1 April 2021. The electrics must be
safe and your landlord must give you proof of this. For more information please see our guidance on
electrical safety standards in the private rented sector.

£ Evidence that smoke alarms and any carbon monoxide alarms are in working order at the start of the
tenancy. Tenants should then regularly check they are working.
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5. Living in your rented home


The tenant must… The tenant should…
£ Pay the rent on time. If your rent is more than £ Make sure you know how to operate the boiler
14 days late, you could be liable for a default and other appliances and know where the
fee. A default fee for late payment of rent is stopcock, fuse box and any meters are located.
limited by the Tenant Fees Act to interest on the
outstanding amount, capped at 3% above Bank £ Regularly test your smoke alarms and carbon
of England base rates. The landlord/agent cannot monoxide detectors – at least once a month.
charge any other fees. For more information, £ Report any need for repairs to your landlord. If
please read the Government’s guidance for you think there are any repairs that are needed,
tenants on the Tenant Fees Act 2019. Further, you should report these to your landlord.
you could lose your home because you have Failure to report the need for repairs could be a
breached your tenancy agreement. If you have breach of your tenancy agreement. In extreme
problems, GOV.UK has links to further advice. circumstances there may be a risk to your deposit
Check out these practical steps for paying your if a minor repair turns into a major problem
rent on time. because you did not report it.
£ Pay any other bills that you are responsible for £ Consider obtaining insurance for your contents
on time, such as council tax, gas, electricity and and belongings – the landlord will usually have
water bills. If you pay the gas or electricity bills, insurance for the property but it will not cover
you can choose your own energy supplier. anything that belongs to you.
£ Look after the property. Get your landlord’s £ Consider if having a smart meter installed would
permission before attempting repairs or save you money, if you are responsible for paying
decorating. It’s worth getting contents insurance the energy bills. Read guidance about your rights
to cover your possessions too, because the and information about how to get a smart meter.
landlord’s insurance won’t cover your things. We’d recommend that you tell your landlord
£ Be considerate to the neighbours. Anti-social before you get one.
behaviour may be a reason for your landlord to £ And don’t forget to register to vote.
evict you.

£ Not take in a lodger or sub-let without


checking whether you need permission from your
landlord.
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HOW TO RENT 12

The landlord must…


£ Maintain the structure and exterior of the £ Seek your permission to access your
property. home and give at least 24 hours’ notice
of proposed visits for things like repairs and
£ Ensure the property is free from serious those visits should take place at reasonable times
hazards from the start of and throughout your – neither the landlord nor the letting agent is
tenancy. entitled to enter your home without your express
£ Fit smoke alarms on every floor and carbon permission.
monoxide alarms in rooms with appliances £ Get a licence for the property if it is
using solid fuels – such as coal and wood – and a licensable property.
make sure they are working at the start of your
tenancy. If they are not there, ask your landlord £ Ensure the property is at a minimum of
to install them. EPC energy efficiency band E (unless a valid
exemption applies).
£ Deal with any problems with the water,
electricity and gas supply.
The landlord should…
£ Maintain any appliances and furniture they have
supplied. £ Insure the building to cover the costs of any
damage from flood or fire.
£ Carry out most repairs. If something is not
working, report it to your landlord or agent as £ Check regularly to ensure all that products,
soon as you can. fixtures and fittings provided are safe and that
there haven’t been any product recalls. Help is
£ Arrange an annual gas safety check by a available at the Royal Society for the Prevention
Gas Safe engineer (where there are any gas of Accidents (ROSPA), Trading Standards and the
appliances). Child Accident Prevention Trust.
£ Arrange a five-yearly electrical safety check £ Ensure blinds are safe by design and they do not
by a qualified and competent person (this applies have looped cords. This is especially important
to new tenancies from 1 July 2020 and existing in a child’s bedroom. More information can be
tenancies from 1 April 2021). found at https://www.rospa.com/campaigns-
fundraising/current/blind-cord.
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6. At the end of the fixed period


If you want to stay If you or the landlord want to end
Should you wish to extend your tenancy after any initial the tenancy
fixed period, there are a number of important issues to
consider. Check Shelter’s website for advice. The government has announced that it plans to
put an end to ‘no fault’ section 21 evictions by
Do you want to sign up to a new fixed term? changing existing legislation. Landlords will still be
If not, you will be on a ‘rolling periodic tenancy’. This able to issue you with a section 21 possession
means you carry on as before but with no fixed term notice until new legislation comes into effect. If
– your tenancy agreement should say how much notice you receive a section 21 notice from your
you must give the landlord if you want to leave the landlord, seek advice from Shelter or Citizens
property – one month’s notice is typical. Shelter Advice. If you are eligible for legal aid, you can
publishes advice on how you can end your tenancy. also contact Civil Legal Advice for free and
confidential advice.
Your landlord might want to increase
your rent
There are things that both landlords and tenants must
Your landlord can increase your rent by agreement, or
do at the end of the tenancy:
as set out in your tenancy agreement, or by following
a procedure set out in law. Giving notice
It is a legal requirement for landlords to give you proper
The deposit cap introduced by the Tenant Fees notice if they want you to leave, and they can only
Act 2019 means you may be entitled to a partial legally remove you from your home with a court order.
refund of your tenancy deposit. The Normally, the landlord must allow any fixed period of
government’s guidance on the Act explains the tenancy to have expired, and they must have given
whether this affects you. you the correct period of notice, which varies depending
on the type of tenancy and the reason your landlord
wants you to leave.

If you have been served with a notice that your


landlord wants you to leave, you should read it at once.
The notice should contain helpful information. Acting
on it straight away may, in certain circumstances, allow
you to keep your home. If you are unsure how to
respond or worried that you will become homeless,
you should access advice and support as soon as
possible, for example through contacting Citizens
Advice and/or Shelter, who can provide free, expert
advice on your individual circumstances. If you are
eligible for legal aid, you can also contact Civil Legal
Advice for free and confidential advice.

For more information about your rights and


responsibilities when your landlord wants you to leave
your home, see Understanding the possession action
process: A guide for private landlords in England and
Wales.
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If you want to end the tenancy Clear up


Your tenancy agreement should say how much notice Remove all your possessions, clean the house, dispose
you must give the landlord if you want to leave the of rubbish and take meter readings. Try to leave the
property. One month’s notice is typical. If you want to property in the same condition that you found it in.
leave the property, you must give notice to your Check this against your copy of the inventory and take
landlord in writing – make sure you keep a copy of the photos that show how you have left the property.
document and a record of when it was sent. Please see
‘If things go wrong’ below if you wish to leave sooner Dispose of any unwanted furniture via a local collection
than the notice period set out in the tenancy service.
agreement. Return the keys
Rent Return all sets of keys that were provided. If you do not,
Make sure that your rent payments are up to date. Do the landlord may charge you for changing the locks.
not keep back rent because you think that it will be Inspection
taken out of the deposit.
Try to be present when the property is inspected to
Bills check whether any of the tenancy deposit should be
Do not leave bills unpaid. This might have an impact on deducted to cover damage. If you do not agree with
your references and credit rating. proposed deductions contact the relevant deposit
protection scheme.
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HOW TO RENT 15

7. If things go wrong


Most problems can be resolved quickly and easily by £ If the property is in an unsafe condition and
talking to your landlord or letting agent. your landlord won’t repair it – contact your local
authority. They have powers to make landlords
There are often legal protections in place too for the deal with serious health and safety hazards.
most common problems that you may experience You can also report this to your local Trading
during the tenancy – the following links will tell you Standards.
what they are or where to look for help:
£ You may be able to take your landlord to
£ If you have a complaint about a letting court yourself if you think the property is not
agent’s service and they don’t resolve your fit for habitation, under the Homes (Fitness for
complaint, you can complain to an independent Human Habitation) Act 2018. The court can
redress scheme. Letting agents must be a make the landlord carry out repairs and can also
member of a government approved redress make the landlord pay you compensation. You
scheme. may also be able to take your landlord to court
£ If you wish to leave the property within the if they do not carry out some repairs. For more
fixed term, or more quickly than permitted information, please see the Shelter advice on
in the tenancy agreement you should discuss section 11 of the Landlord and Tenant Act 1985.
this with your landlord. If your landlord or letting £ If you have a serious complaint about the
agent agrees to end the tenancy early, you property and your local authority has sent
should make sure that this is clearly set out in a notice to the landlord telling them to make
writing and that you return all your sets of keys. repairs, your landlord may not be able to evict
If you do not, your landlord may make a court you with a section 21 notice (no fault eviction) for
claim against you, to obtain possession of the 6 months after the council’s notice. You can still
property. You could be charged if you want to be evicted with a section 8 notice if you break
end the tenancy early, although this fee must the terms of your tenancy.
not exceed the loss incurred by the landlord
or the reasonable costs to your letting agent if £ Failure to comply with a statutory notice
you are renting through them. Unless or until a is an offence. Depending on the notice, local
suitable replacement tenant is found, you will be authorities may prosecute or fine the landlord up
liable for rent until your fixed-term agreement to £30,000. Local authorities have powers
has ended or, in the case of a statutory periodic to apply for banning orders which prevent
tenancy, until the required notice period under landlords or property agents from managing and/
your tenancy agreement has expired. The or letting  out  property if they are convicted of
government’s guidance on the Tenant Fees certain offences. If a landlord or property agent
Act contains more information. receives a banning order, they will be added to
the Database of Rogue Landlords and Property
£ If you are having financial problems, or are Agents. There is a specific process for this, which
falling into rent arrears, speak to your landlord can be found here.
as they may be helpful, and are likely to be
more sympathetic if you talk to them about any
difficulties early on. Should you need further help
contact your local housing authority, Citizens
Advice or Shelter as soon as possible. If you are
eligible for legal aid, you can also contact Civil
Legal Advice for free and confidential advice.
Check out these practical steps for managing
your rent payments.
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£ If a landlord or letting agent charges you a Protection from eviction


prohibited payment (a banned fee according to
the Tenant Fees Act 2019) or unlawfully retains a Landlords must follow strict procedures if they want
holding deposit they could be liable for a fine of you to leave your home. They may be guilty of
up to £5,000 and if there are multiple breaches harassing or illegally evicting you if they do not follow
they could be liable for a fine up to £30,000 as the correct procedures.
an alternative to prosecution. Local authorities
Landlords must provide you with the correct notice
are responsible for issuing these fines. Landlords
period and they can only legally remove you from your
or letting agents cannot rely on giving notice
home by obtaining a court order for possession and
under section 21 to obtain a possession order
arranging for a warrant to be executed by court bailiffs
if they have not repaid any unlawful fees or
or sheriffs. See Understanding the possession action
deposits they have charged under the terms of
process: A guide for private residential tenants in
the Act.
England and Wales.
£ If your landlord is making unannounced
visits or harassing you – contact your local
authority, or if more urgent dial 999.
Rent Repayment Orders
£ If you are being forced out illegally contact your
local authority. Shelter and Civil Legal Advice
Rent Repayment Orders require a landlord to
(see Help and Advice below) may also be able
repay a specified amount of rent to a tenant and/
to help you. If your landlord wants you to leave
or a local authority, where there has been, for
the property, they must notify you in writing,
example, an illegal eviction or failure to licence a
with the right amount of notice. You can only
property that requires licensing.
be legally removed from the property if your
landlord has a court order for possession and a Rent Repayment Orders also cover breach of a
warrant is executed by court bailiffs or sheriffs. banning order or failure to comply with certain
£ If you live with your partner and you separate, statutory notices. Where a Rent Repayment Order
you may have the right to carry on living in your is made, local authorities may retain the money if
home. the tenant’s rent was paid by state benefits.
Where a tenant has paid rent themselves, the
£ If you are concerned about finding another money is returned to them. If benefits covered
place to live, then contact the Housing part of the rent, the amount is paid back pro-rata
Department of your local authority straight away. to the local authority and the tenant.
Depending on your circumstances, they may have
a legal duty to help you find accommodation and
they can also provide advice. The local authority If you are reading a print version of this guide and need
should not wait until you are evicted before more information on the links, please contact us or on
taking action to help you. 0303 444 0000 or at 2 Marsham Street, London,
SW1P 4DF.
If you are concerned about finding another place
to live, then contact the Housing Department of
your local authority straight away.
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8. Further sources of information


Read further information about landlords’ and tenants’
Help and advice
rights and responsibilities.

Read the government’s guidance on the Tenant Fees £ Citizens Advice – free, independent,
Act. This includes: confidential and impartial advice to everyone
£ what the Tenant Fees Act covers on their rights and responsibilities.
£ Shelter – housing and homelessness charity
£ when it applies and how it will affect you
who offer advice and support.
£ helpful Q&A £ Crisis – advice and support for people who are
homeless or facing homelessness.
£ Your Local Housing Authority – to make a
Tenancy deposit protection schemes complaint about your landlord or agent, or
about the condition of your property.
Your landlord must protect your deposit with a £ Civil Legal Advice – if you are eligible for legal
government-approved tenancy deposit scheme. aid, you can access free and confidential advice.
£ Money Advice Service – free and impartial
£ Deposit Protection Service
money advice.
£ MyDeposits £ The Law Society – to find a lawyer.
£ Tenancy Deposit Scheme £ Gas Safe Register – for help and advice on gas
safety issues.
£ Electrical Safety First – for help and advice on
electrical safety issues.
Client money protection schemes
£ Marks Out Of Tenancy – information for
current and prospective tenants.
Your agent must protect money such as rent
payments through membership of a government
approved client money protection scheme. Also in this series

The government’s How to rent a safe home guide


Letting agent redress schemes helps current and prospective tenants ensure that a
rented property is safe to live in.
Every letting agent must belong to a government The government’s How to let guide provides
approved redress scheme. information for landlords and property agents
about their rights and responsibilities when letting
£ The Property Ombudsman out property.
£ Property Redress Scheme The government’s How to lease guide helps
current and prospective leaseholders understand
their rights and responsibilities.

Homes (Fitness for Human The government’s How to buy a home guide


provides information to home buyers.
Habitation) Act 2018
The government’s How to sell a home guide
provides information to those looking to sell
Guide for tenants their home.
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