Private renting - Print version

Considering renting a property from a private landlord or letting agency? What you should know.

These pages contain advice and information for people renting or seeking to rent a house. If you are having problems with your landlord, please visit our complaints [http://www.coventry.gov.uk/info/82/housing/2756/making_a_complaint_about_rented_accommodation] pages.

Considering renting a property from a private landlord or a letting agency? Know your rights and responsibilities as a tenant and those of your landlord.

If you rent from a letting agent, make sure they are registered with a Letting and Managing Agent Redress Scheme [https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_redress_schemes].

Letting and managing agents, by law, must display their fees [https://england.shelter.org.uk/housing_advice/private_renting/letting_agent_fees_for_tenants] prominently in their office and website.

Check if the property requires a licence [http://www.coventry.gov.uk/hmo] and if so, that it is licensed. You can check if it is with the Council or by asking to see the licence.

Visit the property to make sure it meets your needs and is in good repair.

All rented properties must have a smoke detector on every floor of the property used for residential purposes and a carbon monoxide detector in any room that has a solid fuel appliance and is used as living accommodation. Additional fire protection measures may also be required depending on the fire risk or if the property is shared with others.

The agent or landlord must show the energy performance certificate [https://www.gov.uk/buy-sell-your-home/energy-performance-certificates] for the property when advertising the property; and if the property has gas, a gas safety check record [http://www.hse.gov.uk/gas/domestic/faqtenant.htm] before you move in or within 28 days of a new check being done.

Since 1 October 2015, a landlord under an assured shorthold tenancy must provide the tenant with a copy of How to rent: the checklist for renting in England [https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england].

Once you have paid a deposit, make sure your landlord protects it in one of the Government approved schemes [https://england.shelter.org.uk/housing_advice/tenancy_deposits/how_to_get_your_deposit_back]. Your landlord must do this and within 30 days of taking the deposit inform you which scheme it is protected in.

If you are starting a new tenancy in England, you will have to prove to your landlord that you have a right to rent [https://www.gov.uk/government/news/right-to-rent-checks-what-they-mean-for-you]. The landlord will ask you to show documentation.

Useful documents:

• How to Rent GOV.UK [https://www.gov.uk/government/publications/how-to-rent] - a checklist for renting in England
• Houses in Multiple Occupation Licensing [http://www.coventry.gov.uk/hmo]
• The Smoke and Carbon Monoxide Alarm (England) Regulations 2015 [https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords] - guidance for tenants and landlords
• Landlord's Responsibilities for Gas Safety [http://www.hse.gov.uk/gas/landlords/index.htm] - a guide to tenants and landlords
• Rig [https://www.gov.uk/private-renting/document-checks]ht to Rent [https://www.gov.uk/private-renting/document-checks]- Check what documentation you will need.
• How to rent: The checklist for renting in England [https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england] - Must be given to a tenant by the landlord
• Model Tenancy [https://www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy] - for assured shorthold tenancies in the private sector

Tenancy agreement

Before you move into a privately-rented home you should normally sign a 'tenancy agreement' - a legal contract that sets out your rights and responsibilities, and the rights and responsibilities of your landlord.

It says how much rent you should pay, what repairs the landlord must do and the rules about leaving the property.

The landlord doesn't have to give you a written tenancy agreement, but you have the right to a written 'statement' which should include: the date the tenancy began, the amount of rent and the dates it should be paid, the arrangements for increasing the rent, and the length of the tenancy (usually six or twelve months).

Make sure you can pay the rent set in the tenancy agreement and have claimed housing benefit if necessary. Any tenancy you are given needs to be fair and your landlord cannot take away your legal rights no matter what it says in the agreement.

Which tenancy?

If you are sharing your home with your landlord, you have fewer rights than living separately. If the landlord won't be living with you, you'll almost certainly get an agreement called an 'assured shorthold' tenancy. This usually only runs for a set amount of time - called a 'fixed term' - usually six or twelve months. Your tenancy agreement will probably say you are responsible for paying the rent right up to the end of that period, even if you leave before.

Tenancy agreements are often long and wordy. But it's a contract that gives you legal responsibilities, so make sure you read and understand it before you sign it. Make sure the details are correct - your name, the address, the date the tenancy starts, how long it lasts, landlord contact details and so on. Ask for a copy to take away before you sign anything.

The Government's model assured shorthold tenancy agreement [https://www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy] is for use in the private rented sector. It is particularly designed for tenancies of two or more years, and therefore includes provisions for rent reviews and for either the tenant or the landlord to end the tenancy during a fixed term in the event that their circumstances change. Tenants and landlords can download the agreement and its explanatory notes from GOV.UK [https://www.gov.uk/government/publications/model-agreement-for-a-shorthold-assured-tenancy].

A landlord is now required to provide a tenant with prescribed information in the form of a copy of How to rent: the checklist for renting in England [https://www.gov.uk/government/publications/how-to-rent/how-to-rent-the-checklist-for-renting-in-england]. The guide is to help you understand what questions to ask, what your rights are, and what responsibilities you have.

If you are not sure what kind of tenancy you have, you can find out using Shelter's Tenancy Rights Checker [https://england.shelter.org.uk/housing_advice/downloads_and_tools/tenancy_rights_checker].

Moving in

When you move in you should be given a list of everything in the property belonging to the landlord and its condition. This is called an inventory. You should check that every item on list is there and you should note any damage such as cigarette burns on the carpet or chipped paintwork. If you have a camera with a date facility, you could record any damage. Once the list is agreed, sign it before returning it to the agent or landlord and make sure you all keep a copy. When you move out, the contents will be checked against the list and the cost of repairing damage or replacing missing items will be taken from your deposit. Normally, the list will be checked when the last person moves out. The landlord cannot keep back your deposit to cover the cost of normal "wear and tear" although there might be different views on what "wear and tear" is.

Before you move in check that the landlord or agent has given you the following documents:

• Gas safety check [http://www.hse.gov.uk/gas/domestic/index.htm] - record before moving in or within 28 days of undertaking a check
• Energy Performance Certificate [http://www.gov.uk/buy-sell-your-home/energy-performance-certificates] - (does not apply to shared houses on multiple tenancies, hall of residence, boarding houses, residential homes, hostels and hotels) 
• Tenancy Deposit Protection Scheme [https://www.gov.uk/tenancy-deposit-protection/overview] - Landlords must protect their tenants' deposits using a TDP scheme if they have let the property on an assured shorthold tenancy

Deposits

Any deposits paid to a landlord or agent by an Assured Shorthold tenant (most students in shared rented accommodation) are protected under a government authorised deposit scheme. Within 30 days of paying the deposit, your landlord or agent must give you details of how your deposit will be protected. If your landlord fails to protect your deposit they lose the right to automatically gain possession by giving two months' notice, and the County Court can order them to pay you three times the amount of the deposit.

Further information on the tenancy deposit scheme on the GOV UK website [https://www.gov.uk/private-renting].

Also, Coventry Law Centre [http://covlaw.org.uk/housing/intro.html] can help people whose landlord has not protected their deposit.

Moving out

When you want to move out of a private rented property, it is important to give suitable notice to your landlord. In most cases you don't have to give written notice if you are moving out at the end of a lease, but you should check your rental agreement to see what sort of formal notice is needed. If you leave before a lease expires, you are responsible for paying the rent for the remainder of the lease. But the landlord must make an effort to re-rent the property at a reasonable price. If this is not done, you might not have to pay rent beyond a reasonable period of time.

When you leave you should get your deposit back within two to four weeks as long as there is no damage. It is a good idea to take photographs of the property when you first move in and as you move out.

If your landlord unreasonably withholds your deposit you should get advice from a solicitor, Coventry Law Centre [http://covlaw.org.uk/housing/intro.html] or the Citizens' Advice Bureau. [https://www.coventrycitizensadvice.org.uk/]

If you rent through an agent who is accredited with the Association of Residential Letting Agents or the Royal Institute of Surveyors you may be able to complain to their professional body.

Further information on the deposit schemes [https://www.gov.uk/tenancy-deposit-protection/overview].

Eviction and harassment

The law protects people living in residential property against harassment and illegal eviction. It does this in two ways: by making harassment and illegal eviction a criminal offence, and by allowing someone who is harassed or illegally evicted to claim damages through the civil court.

The law makes it an offence to:

• Commit acts likely to interfere with the peace or comfort of a tenant or anyone living with them; or
• Persistently withdraw or withhold services for which the tenant has a reasonable need to live in the premises as a home

It is an offence to do any of the things described above intending, knowing, or having reasonable cause to believe, that they would cause the tenant to leave their home, or stop using part of it, or stop doing the things a tenant should normally expect to be able to do. It is also an offence to take someone's home away from them unlawfully.

Landlords have a responsibility to undertake repairs to your home and will need access to do this. If access is required, a landlord is required to give 24 hours written notice of their intention to enter at what must be a reasonable time. A landlord does not have the right to enter your home without your permission except in an emergency or into communal areas that the landlord is responsible for maintaining; for example, in a block of flats or bedsits.

In most cases, your landlord must give you two months' notice to take possession of the property, unless you are in serious rent arrears (more than eight weeks). In this case, your landlord can issue two weeks' notice that they intend to apply for a possession order from the County Court.  If you do not leave, the landlord may ask for a possession order and if granted, you will be given a period of time within which you must leave; failure to do so may result in the landlord using the court bailiffs to evict you. If the landlord has to apply for a possession order, they may ask the court to require you to pay their legal and court costs.

Even if you have rent arrears or your tenancy agreement has expired, the law will still protect you from illegal eviction and harassment and unless your landlord has a possession order you do not have to leave the property.

Most tenancies are for a set period, example 6 or 12 months long. If a landlord wants you to leave at the end of the period, they will have to serve a section 21 notice on you. This cannot be served until you are 4 months into the tenancy. A Section 21 notice won't be valid if:

• your deposit hasn't been protected in a government-backed scheme 
• your deposit was protected but more than 30 days after you paid it (or by 23 June 2015 if you paid your deposit before 6 April 2007, your fixed-term tenancy ended after that date and your tenancy has not been renewed since)
• the landlord hasn't given you the required information about the scheme they used
• if your new assured shorthold tenancy started on or after 1 October 2015, or you signed a renewal contract on or after that date and:
  • you complained to your landlord or letting agent in writing (by letter or email) 
  • your landlord issued a section 21 notice [https://england.shelter.org.uk/housing_advice/eviction/section_21_eviction] after you complained
  • you complained to the local council [https://england.shelter.org.uk/housing_advice/repairs/complain_to_environmental_health_about_rented_housing] because your landlord didn't take steps to fix the problem
  • the council sent your landlord a notice telling them to make improvements or that the council will carry out emergency work

You can't be evicted if a Section 21 notice is not valid. 

Advice Services Coventry [http://covlaw.org.uk/housing/intro.html] can help any tenant who is threatened with eviction or being harassed by their landlord. 

If you do not pay your rent, you may put your home at risk.

For further information on the process for different tenancies and leases you can visit the Shelter website [http://england.shelter.org.uk/get_advice/eviction/eviction_of_private_tenants/eviction_with_a_section_21_notice]

Safety

The property should be safe for you to live in. The landlord should make sure your home is free from any serious risks as listed in the Housing Health and Safety Rating System [https://england.shelter.org.uk/housing_advice/repairs/health_and_safety_standards_for_rented_homes_hhsrs].

The gas installation and appliances should be checked annually for their safety. The landlord must provide you with a copy of the test report, often referred to as the 'gas safety check. Read more about the Landlords' responsibility for gas safety [http://www.hse.gov.uk/gas/landlords/index.htm].

If you have any concerns regarding the safety of a gas installation or appliance, contact Gas Safe. To make sure that gas appliances such as boilers, fires, ovens and hobs are installed, maintained and serviced safely,  your landlord must use a Gas Safe registered engineer to carry out the work. All registered engineers are listed on the Gas Safe [http://www.gassaferegister.co.uk/] website or call 0800 408 5500 and one of the advisors will be pleased to help you find a local engineer who is on the Gas Safe Register.

Any soft furnishings supplied with your home must follow fire safety laws. Check for labels to confirm the safety of the furniture.

The electricity supply should be safe. Following changes to the law in July 2020, all privately rented houses need to have an electrical installation condition report (EICR) carried out every five years. All electrical work carried out in homes must be carried out by proper workmen qualified to do the work.  Further information can be found on the Government's website [https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance-for-landlords-tenants-and-local-authorities/guide-for-landlords-electrical-safety-standards-in-the-private-rented-sector#what-do-the-electrical-safety-standards-in-the-private-rented-sector-england-regulations-2020-require].

If you live in a house in multiple occupation your landlord may also have to test all portable electrical appliances provided in the common areas and put in fire detection and warning systems. For further information visit the Health and Safety Executive website [http://www.hse.gov.uk/gas/landlords/index.htm].

West Midlands Fire Service has published an interactive website to help people spot fire-related dangers in the home [http://www.room9media.com/fire/].

Repairs

The landlord is responsible by law for certain repairs. Generally speaking, the landlord is responsible for repairs to the structure and exterior of the property, sinks, baths, and any other sanitary installations within the property. They should also make sure there is suitable heating, although the law is a little vague on what type of heating this should be. The tenant must do minor jobs, like replacing fuses, or clearing a blocked sink. They must also repair damage that they or their visitors have caused.

You should report any faults or damage to your landlord immediately and give him a reasonable amount of time to carry out the work. If your landlord fails to carry out the repairs, you should contact the Housing Enforcement Team, which can make your landlord carry out certain repairs.

You may also be able to take a civil claim for damages in the 'Small Claims Court' [https://www.gov.uk/make-court-claim-for-money/overview]. The Citizen's Advice Bureau [http://www.citizensadvice.org.uk/] or the Coventry Law Centre [http://www.covlaw.org.uk/housing/intro.html] may be able to advise you on this.

Students

We have general information for students [/students] and dedicated information on student housing issues [/studenthousing].