What are my rights when renting from a private landlord?

Moving into a rented property

How much deposit do I need to pay?

Before renting a property, you'll usually need to pay a security deposit to the landlord or their managing agent. This will be returned to you minus any agreed deductions when you move out. 

• In England, security deposits are capped at five weeks' rent (if the annual rent is below £50,000), or six weeks' rent (if the annual rent is above £50,000).
• In Scotland, the cap is two months' rent. 
• In Wales and Northern Ireland, there is no formal cap, but tenants usually pay one month's rent. 

When you pay your security deposit, the landlord must register it with an approved deposit protection scheme, which acts as an arbitrator if there's a disagreement at the end of the tenancy. The approved schemes are shown in the table below.

Holding deposits

In some instances, a letting agent may ask you for an additional 'holding' deposit to secure a property. The rules on holding deposits vary. 

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

These deposits are normally refunded when you move in, or may be deducted from your first rental payment. Make sure the agent clarifies this before handing over any money.

Do I need to pay tenancy fees?

Landlords and letting agents in England, Wales and Scotland aren't allowed to charge fees to tenants for the following:

• administration
• referencing, police or credit checks
• renewing a tenancy agreement

If your landlord or their managing agent attempts to charge for any of the above, remind them of the rules and tell them you're only willing to pay a security deposit in line with the regulations.

In Northern Ireland, letting agents aren't allowed to charge for services that benefit the landlord. If you rent directly from a landlord, however, you may need to pay fees. 

Allowable tenancy fees

Depending on the details in your tenancy agreement, landlords and letting agents may be able to make you pay for the following:

• utilities and council tax
• changing the tenancy agreement - for example registering a new tenant in a house share. This is capped at £50.
• ending your tenancy early
• paying your rent late, damaging the property or losing your keys. 

Living in a rented property

How do I get repairs and maintenance carried out?

Your landlord is responsible for keeping your home safe and warm. You should have a working water supply and safe access to gas and electricity.

As a tenant, you're usually responsible for the general upkeep of the property, such as 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.

• You can write to your landlord using our template letter to get problems fixed.
• Find out how to take action against your landlord if they won’t carry out repairs.

What are my rights if I live in a house share?

If you rent a room in a house share with at least two other people and you share a toilet, bathroom or kitchen, you live in a house in multiple occupation (HMO).

You can check if your home is registered as a HMO by contacting your local council.

Landlords operating HMOs have additional responsibilities to their tenants. By law, they must ensure the following:

• proper fire safety measures are in place, including working smoke alarms
• annual gas safety checks are carried out
• electrics are checked every five years
• the property is not overcrowded
• there are enough cooking and bathroom facilities for the number of people living in the property
• communal areas and shared facilities are clean and in good repair
• there are enough rubbish bins/bags

What are my rights as a lodger?

Lodgers have fewer protections than tenants. If you're a lodger you'll usually have your own room, but you'll live in your landlord's home with their permission and share living space with them.

• Lodger deposit protection: Landlords don’t need to protect a lodger’s deposit in a government-approved deposit scheme. 
• Lodger privacy rights: While the landlord should respect your privacy at all times, they are allowed full access to your room without prior warning. Tenants on an assured shorthold tenancy are entitled to exclude the landlord from entering the property without prior notice.
• Lodger rent increases: If a lodger doesn’t have a fixed term agreement or the fixed term has ended, the landlord can increase the rent at any time and give the lodger notice to leave if they don’t agree to the increase. Tenants on an assured shorthold tenancy will have signed a fixed term agreement and so should be shielded against rent increases during the tenancy period.

Renewing a tenancy

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 rise, 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. 

If you think your rent is excessive compared to similar properties in your area, you can apply to a tribunal. The processes vary between England, Wales, Scotland and Northern Ireland.

Moving out of a rented property

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: Check if your tenancy agreement contains a ‘break clause'. This allows you to end the agreement before the end of the term. If it doesn’t, you won’t be able to end the tenancy early unless your landlord agrees. If you leave without an agreement, you'll be liable to pay the rest of rent up to the end of the contract period, or until someone else starts renting the property - whichever is sooner.

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 have to give at least four weeks’ notice to end it, or a calendar month if you have a monthly tenancy. The main exception to this is if your landlord agrees to accept a shorter notice period, or agrees that someone else can take your place.

It's always best to give notice in writing and ensure that the notice ends on the first or last day of the period of a tenancy. For example, if your tenancy is monthly and started on the fifth day of the month, the notice you give your landlord should end on the fourth or fifth.

How do I get my deposit back?

At the end of the tenancy, your landlord should return your deposit. Landlords can make deductions from your deposit for:

• damage to the property and missing or broken items
• cleaning costs
• unpaid rent or bills

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

As we explained earlier, 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. 

• Use our free template letter to ask for your deposit money back.

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. 

From 1 December 2022, landlords in Wales will need to give six months' notice when providing a no-fault eviction notice. 

In Scotland, your landlord must give 28 days' notice if you've lived in the property for less than six months and have moved out or breached the tenancy agreement. If you've lived in the property for more than six months or haven't breached your agreement, your landlord must give you 84 days' notice.

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. 

How to complain about your landlord or letting agent

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. 

Complain about your letting or management agent

If you're unhappy with your letting or management agent, you can complain to their redress scheme. Letting agents in England, Wales and Northern Ireland must be registered with either The Property Ombudsman or the Property Redress Scheme. 

The complaints process works differently in Scotland, where agents must be signed up to the Scottish Letting Agent Register and adhere to a code of practice.