There are around 4.6 million rented properties in the UK, and most people will be a tenant at some point in their lives. But what are tenants’ rights in the UK? Do tenants have any responsibilities? And what should tenants do if their rights aren’t being met by their landlord?
This article aims to explore some of the most frequently asked questions about tenants’ rights and responsibilities in the UK.
What is a tenancy agreement?
A tenancy agreement is a contract between a landlord and their tenant. It sets out the terms and conditions of the tenancy. It does not necessarily have to be written down; tenancy agreements can be oral (spoken) too.
There are several forms of tenancies. The most common is the Assured Shorthold Tenancy (AST). These can be periodic (on a weekly or monthly basis with no fixed end date) or fixed (for a set amount of time with a fixed end date). A tenancy can be an AST if:
- Your landlord doesn’t live with you
- You are renting the property privately
- The tenancy started on or before 15 January 1989
- It’s your main residence
It cannot be an AST if:
- The rent is more than £100,000 or less than £250 (£1000 in London) a year
- The tenancy began or was agreed upon before 15 January 1989
- Your landlord is a local council
- You’re renting a holiday let
- It’s a business tenancy
- It’s a tenancy of licensed premises
Other types of tenancy include:
- Excluded tenancies – typically if you live with your landlord as a lodger. These types of tenancies have fewer legal protections from eviction
- Regulated tenancies – typically those that started before 15 January 1989
- Assured tenancies – if your tenancy began between 15 January 1989 and 27 February 1997, it may be an assured tenancy
What are tenants’ rights in the UK?
Every tenant in the UK has certain rights that they are entitled to. If you have a written tenancy agreement, your tenants’ rights will usually be outlined in it. Your rights as a tenant include:
- To be provided with a Right to Rent guide (in England) or tenant information pack (in Scotland) when you first move into the property
- To see a copy of the property’s Energy Performance Certificate (EPC)
- To live in a safe property that’s in a good state of repair
- To be protected from unfair eviction
- To be protected from unfair rent
- To challenge charges which are excessively high
- To live in the property undisturbed (your landlord must give you at least 24 hours’ notice if they intend to visit the property and must not otherwise disturb your quiet enjoyment of the property)
- To have your tenancy agreement be fair and compliant with the law
- To know who your landlord is (if you don’t, you can ask your lettings agency or whoever else rented the property from you)
- To have your deposit returned when you move out of the property
What are tenants’ responsibilities in the UK?
Alongside tenants’ rights, there are several responsibilities you should be aware of. If you do not meet the responsibilities, your landlord may be able to take steps to evict you. These responsibilities include:
- Allowing your landlord access to the property for maintenance and inspections, as long as they have given you at least 24 hours’ notice and are visiting at a reasonable time of day.
- Taking good care of the property, including not causing any damage and taking care of seasonal maintenance such as turning the water off to prevent pipes freezing if you’re away in the winter
- Promptly reporting issues to the landlord so they can be solved
- Paying your rent on time, even if you have an ongoing dispute with your landlord
- Paying for any damage you (or your visitors) cause to the property
- Paying other bills and charges as outlined in your tenancy agreement (typically utility bills, council tax, and similar)
Do tenants in HMOs have different rights?
If you’re living in an HMO (House of Multiple Occupancy), your landlord does have additional responsibilities. They also need to have an HMO licence, which you can check with your local council if you’re concerned. You’re living in an HMO if you rent a room in a house share with at least two others, and you share facilities such as the kitchen or bathroom.
The additional responsibilities landlords have towards their tenants in HMOs are:
- Ensuring annual gas safety checks are carried out
- Getting the electrics checked at least every five years
- Ensuring the property isn’t overcrowded and there are enough kitchen and bathroom facilities for everyone
- Putting proper fire safety measures in place
- Making sure there are enough rubbish bins
- Keeping communal facilities in good repair
What are tenants’ rights around evictions?
If your landlord wants to evict you from the property, there are strict rules they must follow depending on the type of tenancy.
Some of the general rules they must follow for periodic Assured Shorthold Tenancies (ASTs):
- The landlord does not have to give you a reason to evict you
- They must issue a Section 21 notice
- Your deposit must be protected in a deposit protection scheme
- They must give you at least two months’ notice
- The date given for you to leave must be at least six months after the tenancy began
Some of the general rules they must follow for fixed-term ASTs:
- During the fixed term, they can only evict you for certain reasons, such as you have not paid rent or there is a break clause in your tenancy agreement
- At the end of the fixed term, they do not have to give a reason to evict you
- As with periodic ASTs, they must issue a Section 21 notice
- Your deposit must be protected in a deposit protection scheme
- They must give you at least two months’ notice
- The date given for you to leave must be at least six months after the tenancy began
If you don’t leave the property at the end of the notice period, your landlord may be able to start court proceedings to get you evicted.
There are different rules for excluded tenancies (usually if you’re a lodger):
- Your landlord must give you ‘reasonable notice’ to leave the property, which doesn’t have to be in writing
- They don’t have to go to court to evict you
- Once the reasonable notice has ended, they can change the locks on your room, but they must give you back all of your belongings
- There is no set rule about what ‘reasonable notice’ is. If you don’t believe that you have been given sufficient notice, you can contact your local council, who may be able to take action against your landlord if they believe you have been evicted illegally
What to do when your tenants’ rights aren’t being met
If you feel that your rights as a tenant aren’t being met, your first step should always be to talk to your landlord outlining your concerns. This may be enough to make the needed changes.
If not, you can make a formal written complaint about your landlord. This involves sending them a letter outlining your complaint and what you want them to do to resolve the situation. Include any relevant evidence.
If this still does not resolve the situation, you may be able to complain to your local council. They can deal with complaints relating to illegal eviction, harassment, unfair trading behaviour, or repairs not being done that cause a risk to your health and safety as a tenant. In these cases, the council may have the power to order your landlord to make changes.
You can complain to the council by writing a letter outlining your complaint. Be sure to include any supporting evidence you have, including letters previously written to your landlord.
In some cases, you may not be able to complain to the council. If this is the case, or you have complained to the council and changes have still not been made, taking court action may be your next step. If you are a tenant seeking legal advice against your landlord, our solicitors can help. Please get in touch to discuss your situation and how we may be able to assist.
Please note that it is illegal for your landlord to evict you because you have made a complaint. If you believe you are being evicted for this reason, your first point of contact should be your local council.
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