How to rent
The checklist for
renting in England
October 2023
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Contents
1. Before you start 3
Key questions 3
Ways to rent a property 4
2. Looking for your new home 5
Things to check 5
Licensing requirements 7
3. When you’ve found a place 8
Check the paperwork 8
Things the landlord must provide you with 8
Check if the property is suitable for your
needs if you are disabled 9
4. Living in your rented home 10
Things the tenant must do 10
Things the tenant should do 10
Things the landlord must do 11
Things the landlord should do 11
5. At the end of the fixed period 12
If you want to stay 12
If you or the landlord want to end
thetenancy 12
6. If things go wrong 14
Protection from eviction 15
7. Further sources of information 17
If you have downloaded a copy of this guidance, please check you have the
most up-to-date version by following this link:
GOV.UK/government/publications/how-to-rent
The landlord or the letting agent should give the current version of this guide to the tenant when a new
assured shorthold tenancy starts. There is no requirement for them to provide the document again if the
assured shorthold tenancy is renewed unless the document has been updated.
Who is this guide for?
This guide is for people who are renting a home privately under an assured
shorthold tenancy, either direct from a landlord or through a letting agency.
Most of it will also 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 on property guardians), nor tenants where
the property is not their main or only home.
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1. Before you start
Key questions
■ Is the landlord or letting agent trying to
charge any fees for holding the property,
viewing the property or setting up a
tenancy agreement? Since 1 June 2019,
most fees charged in connection with a
tenancy are banned. A charge to reserve a
property is permitted but it must be refundable
and it cannot equate to more than one week’s
rent. Viewing fees and tenancy set-up fees are
not allowed. See the ‘Permitted fees’ section
below for more details.
■ How much is the deposit? Since 1 June
2019, there has been a cap on the deposit that
the tenant is required to pay at the start of the
tenancy. If the total annual rent is less than
£50,000, the maximum deposit is five weeks’
rent. If the annual rent is £50,000 or above, the
maximum deposit is six weeks’ rent. The
deposit must be refundable at the end of the
tenancy, usually subject to the rent being paid
and the property remaining in good condition,
and it must be ‘protected’ during the tenancy.
See the ‘Deposit protection’ section below.
■ How long do you want the tenancy for? The
landlord must allow you to stay in the property
for a minimum of six months. Most landlords
offer tenancies for a fixed term of six or 12
months. However, it is possible to negotiate a
longer tenancy, or you could agree to a
tenancy which rolls over on a weekly or
monthly basis. These tenancies have no fixed
end date after the minimum of six months.
■ What can you afford? Think about how
muchrent you can afford to pay. 35% of your
take-home pay is the most that many people
can afford, but this depends on what your
other outgoings are (for example, whether you
have children).
■ Are you are entitled to Housing Benefit or
Universal Credit? If so, you may get help with
all or part of your rent. If you are renting from a
private landlord, you may receive up to the
Local Housing Allowance rate to help with the
cost of rent. Check with this online calculator
to see if you can afford to live in the area you
want. You should also look at this guidance on
managing rent payments on Universal Credit.
■ Which area would you like to live in and
how are you going to look for a rented
home? The larger the area you are prepared to
look in, the better the chance of finding the
right home for you.
■ Do you have your documents ready?
Landlords and agents will want to confirm your
identity, immigration status, credit history and
possibly employment status.
■ Do you have the right to rent in the UK?
Landlords in England must check that all
people aged 18 or over have the right to rent
before the start date of the tenancy agreement.
There are three types of right to rent checks: a
manual document-based check, a check
using Identity Verification Technology via the
services of an identity service provider, or a
check via the Home Office online checking
service. Your landlord can’t insist which option
you choose but not everyone can use the
online service. Further information on how to
prove your right to rent to a landlord can be
found on GOV.UK.
■ Will you need a rent guarantee? Some
landlords might ask someone to guarantee
your rent. If you don’t have a guarantor, you
can ask Shelter for advice.
■ Do you need to make changes to the
property? If you are disabled or have a long-
term condition and think you may need to
make changes to the property to allow you to
live independently, discuss these with your
landlord or agent.
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Ways to rent a property
Direct from the landlord
Look for landlords who belong to an
accreditation scheme. Accreditation
schemes provide training and support to
landlords in fulfilling their legal and ethical
responsibilities. Your local council can advise
you about accreditation schemes operating
in your area.
The National Residential Landlords
Association and the Guild of Residential
Landlords run national schemes.
If your landlord lives outside the UK, you may
be responsible for paying tax on the rent to
HM Revenue and Customs. For advice, call
their non-resident landlord scheme helpline
on 0300 322 9433.
Through a letting agent
Letting agents must be members of a
redressscheme. You should check which
independent redress scheme the agent is
amember of in case you have an
unresolveddispute.
If they receive money from you, such as rent
payments, you should also check they are a
member of a client money protection
scheme. 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
the Guild of Property Professionals,
Propertymark, Safeagent, the Royal
Institution of Chartered Surveyors or the UK
Association of Letting Agents.
If your landlord lives outside the UK, the letting
agent will be responsible for paying any tax
due on the rent to HM Revenue
andCustoms.
Watch out for scams!
Be clear who you are handing money
over to, and why.
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2. Looking for your new home
Things to check
■ Deposit cap. Check that the tenancy deposit
you’re being asked for is not more than five
weeks’ rent where annual rent is less than
£50,000, or six weeks’ rent where annual rent
is more than £50,000.
■ Deposit protection. If the landlord asks for a
deposit, check that it will be protected in a
government-approved scheme. Some
schemes hold the money, and some insure it.
You may be able to access a bond or
guarantee scheme that will help you put the
deposit together. Contact your local council
foradvice.
■ You may be offered a deposit replacement
product as an alternative to a cash deposit.
A landlord or agent cannot require you to use a
deposit replacement product but may allow it as
an option without breaking the Tenant Fees Act.
There are several different deposit replacement
products available. Depending on the product,
you may need to pay a non-refundable fee up-
front (often equivalent to one week’s rent) and/or
a monthly payment for the duration of your
tenancy. With most products, you will still be
responsible for the costs of any damages
incurred at the end of the tenancy or required to
pay an excess on any claim for damages or
unpaid rent. It is strongly advised to always
check the terms and conditions and to see if it is
regulated by the Financial Conduct Authority.
■ Length of tenancy. There is usually a fixed
period of six or 12 months. If you want more
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, the landlord must allow
you to stay for a minimum of six months.
■ Smoking and pets. Check if there are any
rules about them, as well as for other things
such as keeping a bike, dealing with refuse
andrecycling.
■ Bills. Check who is responsible for bills such
as electricity, gas, water and council tax.
Usually, the tenant pays for these bills. See
advice on paying bills.
■ Fixtures and fittings. Check you are happy
with them, as it is unlikely that you will be able
to get them changed once you have moved in.
■ Smoke alarms and carbon monoxide
detectors. Landlords must make sure there
isat least one smoke alarm on every floor
usedas living accommodation, and carbon
monoxide alarms in all rooms that have a
fixedcombustion appliance and are used as
living accommodation.
■ Safety. Check that the property is safe to live
in, and use the ‘How to rent a safe home’ guide
to help you identify possible hazards.
■ Fitness for human habitation. Your property
must be safe, healthy and free from things that
could cause serious harm. If not, you can take
your landlord to court. For more information,
see the Homes (Fitness for Human Habitation)
Act 2018 guide for tenants. You should also
check whether your tenancy agreement
excuses you from paying rent if the building
becomes unfit to live in due to, for example, a
fire or flood.
■ Flood risk. Your area may be at risk of flooding.
Check the long-term flood risk to find out.
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Check who your landlord is
Make sure you have the name of your
landlord and an address in England or Wales
where you can serve them notices in writing.
Landlords are obliged to provide you with this
information and the rent is not ‘lawfully due’
until they do so.
If the property is a flat, ask whether the
landlord is the owner or leaseholder of the flat,
and ask whether the freeholder – for example,
the owner of the block – has agreed to the flat
being let out. If the landlord has a mortgage,
ask whether the mortgage company has
agreed to the letting. The landlord may not
need the freeholder’s consent but if there is a
mortgage, the lender’s consent will always be
needed. Be aware that you may have to leave
the property if the landlord does not keep up
the mortgage payments.
If the property is a house, ask whether the
landlord is the owner, whether the landlord
has a mortgage and whether the mortgage
company has agreed to the letting. You may
have to leave the property if the landlord does
not keep up the mortgage payments.
If the landlord is not the property owner and
they claim to be a tenant, a family member or
a friend, be very cautious as it could be an
unlawful sub-letting.
Permitted fees
The government’s guidance on the Tenant
Fees Act contains information about the fees
that letting agents and landlords are
prohibited to charge tenants, as well as the
fees that are permitted.
Permitted fees are as follows:
£ rent
£ a refundable tenancy deposit capped at
no more than five weeks’ rent where the
total annual rent is less than £50,000, or
six weeks’ rent where the total annual rent
is £50,000 or above
£ a refundable holding deposit (to reserve a
property) capped at no more than one
week’s rent
£ payments associated with early
termination of the tenancy, when
requested by the tenant
£ payments capped at £50 (or reasonably
incurred costs, if higher) for the variation,
assignment or novation of a tenancy
£ payments for utilities, communication
services, TV licence and council tax
£ 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 actions
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
Houses in multiple occupation are usually
properties where three or more unrelated
people share facilities such as a kitchen
orbathroom.
Some houses in multiple occupation must be
licensed. Check that your landlord has the
correct licence. There are extra requirements
for landlords of houses in multiple occupation
whether they need a licence or not. Go to
GOV.UK/private-renting/houses-in-multiple-
occupation for more information.
Selective licensing
Some single-family dwellings may also need
to be licensed. Check with your local council
whether the house is within a selective
licensing scheme area. Selective licensing
requires all landlords of privately rented
housing in a designated area to obtain a
licence for each individual property. It gives
the local council powers to inspect properties
and enforce standards to address specific
property issues.
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3. When you’ve found a place
Check the paperwork
■ Tenancy agreement. Make sure you have a
written tenancy agreement and read it
carefullyto understand your rights and
responsibilities before you sign it. The landlord
or agent usually provides one, but you can ask
them to consider using a different version
instead. The government has published a
model tenancy agreement which can be
downloaded for free. If you have any concerns
about the agreement, seek advice before you
sign. If you are unhappy with the tenancy
agreement, the Tenant Fees Act allows
tenantsto walk away from unfair terms
withoutforfeiting the holding deposit.
■ Inventory. Agree an inventory (or check-in
report) 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 or letting agents cannot charge
certain fees. See the government’s guidance
on the Tenant Fees Act for more information.
■ Meter readings. Remember to take meter
readings when you move in. Take a photo
showing the meter reading and the date and
time, if possible. This will help make sure you
don’t pay for the previous tenant’s bills.
■ Contact details. Make sure that you have the
correct contact details for the landlord or
agent, including a telephone number you can
use in case of an emergency. You are legally
entitled to know the name and address of
yourlandlord.
■ Code of practice. Ask whether your landlord
or agent has signed a code of practice, which
may give you additional assurance about their
conduct and practices.
Things the landlord must provide
you with
■ A copy of the guide, ‘How to rent: the
checklist for renting in England’, either as a
hard copy or, with your agreement, via email as
a PDF attachment.
■ A gas safety certificate before you occupy
the property. They must also 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 give 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, 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 E or above (unless a valid
exemption applies) before being let out. You
can also search online for the energy
performance certificate and check its rating.
■ A report that shows the condition of the
property’s electrical installations. The landlord
also has to give this to the local council if they ask
for it. The electrical wiring, sockets, consumer
units (fuse boxes) and other fixed electrical parts
in rented homes must be inspected and tested
every five years, or more often if the inspector
thinks necessary. Throughout the whole time a
tenant is living at the property, national electrical
safety standards must be met.
■ Evidence that smoke and 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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Check if the property is suitable
for your needs if you are disabled
■ Accessibility. If you are disabled or have a
long-term condition, you can request
reasonable adjustments from your landlord or
agent. This could include changes to the
terms of your agreement, or home adaptations
and adjustments to common parts of a
building to make your home accessible to you.
Your landlord or agent should respond in a
reasonable timeframe and if they refuse a
request, they should explain why they do not
consider it reasonable. Your landlord can ask
you to pay for the changes you asked for.
However, you can check to see if you are
eligible and apply for a Disabled Facilities
Grant to help with the cost of adaptations.
Your landlord can also apply for funding on
your behalf.
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4. Living in your rented home
Things the tenant must do
■ Pay the rent on time. If your rent is more than
14 days late, you could be liable for a default
fee. This is limited by the Tenant Fees Act to
interest on the outstanding amount, capped at
3% above Bank of England base rates. The
landlord or agent cannot charge any other
fees. For more information, please read the
government’s guidance on the Tenant Fees
Act. Further, you could lose your home
because you have breached your tenancy
agreement. If you have problems, GOV.UK has
links to further advice on rent arrears. Also
check out these practical steps for paying your
rent on time.
■ Pay any other bills that you are responsible
for on time, such as council tax, gas, electricity
and water bills. If you pay the gas or electricity
bills, you can choose your own energy supplier.
■ Look after the property. Get your landlord’s
permission before attempting repairs or
decorating. It’s worth getting contents
insurance to cover your possessions too,
because the landlord’s insurance won’t cover
your things.
■ Be considerate to the neighbours. Anti-
social behaviour may be a reason for your
landlord to evict you.
■ Don’t take in a lodger or sub-let without
checking whether you need permission from
your landlord.
Things the tenant should do
■ Make sure you know how to operate the
boilerand other appliances and know
wherethe stopcock, fuse box and any meters
are located.
■ Regularly test your smoke alarms and carbon
monoxide detectors – at least once a month.
■ Report any need for repairs to your landlord.
Failure to report the need for repairs could be a
breach of your tenancy agreement. In extreme
circumstances there may be a risk to your
deposit if a minor repair turns into a major
problem because you did not report it.
■ Consider obtaining insurance for your contents
and belongings. The landlord will usually have
insurance for the property but it will not cover
anything that belongs to you. If your area is at
risk of flooding, make sure your insurance
covers this.
■ Consider having smart meters installed. Smart
meters can help you keep an eye on your
energy bills and make changes to save money.
If the energy bills are in your name or you
prepay for your energy, you can choose to
have smart meters installed, though you
should check your tenancy agreement first
and let your landlord know. If your tenancy
agreement says you need your landlord’s
permission to alter metering at your property,
they should not unreasonably prevent it.
Smart Energy GB has independent
information about the benefits of smart meters
for tenants and how to ask your supplier for
the installation. If your landlord pays the
energy bills, you can ask them to have smart
meters installed.
■ Register to vote at your new address.
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Things the landlord must do
■ Maintain the structure and exterior of
theproperty.
■ Ensure the property is free from serious
hazards throughout your tenancy.
■ Fit smoke alarms on every floor and carbon
monoxide alarms in rooms with fixed
combustion appliances such as boilers, and
make sure they are working at the start of your
tenancy. If they are not there, ask your landlord
to install them.
■ Deal with any problems with the water,
electricity and gas supply.
■ Maintain any appliances and furniture they
have supplied.
■ Carry out most repairs. If something is not
working, report it to your landlord or agent as
soon as you can.
■ Arrange an annual gas safety check by a
GasSafe engineer (where there are any
gasappliances).
■ Arrange an electrical safety check by a
qualified and competent person every five
years (this applies to new tenancies from 1 July
2020 and existing tenancies from 1 April 2021).
■ Consider requests for reasonable adjustments
from tenants who have a disability or long-term
condition. Reasonable adjustments could
include changes to the terms of your tenancy or
allowing adaptations or adjustments to your
home or common parts of the building.
Landlords (or agents) must respond to your
request in a reasonable timeframe. If they refuse
a request they must explain why. Foundations
can offer advice on getting home adaptations.
■ Seek your permission to access your home
and give at least 24 hours’ notice of proposed
visits for things like repairs. Those visits should
take place at reasonable times – neither the
landlord nor the letting agent is entitled to enter
your home without your express permission.
■ Get a licence for the property if it is a
licensableproperty.
■ Ensure the property is at a minimum of
energyefficiency band E (unless a valid
exemption applies).
■ Carry out a Right to Rent check.
Things the landlord should do
■ Insure the building to cover the costs of any
damage from flood or fire.
■ Check regularly to ensure that all products,
fixtures and fittings are safe and that there
haven’t been any product recalls. Help is
available at the Royal Society for the
Prevention of Accidents, the Chartered Trading
Standards Institute and the Child Accident
Prevention Trust.
■ Ensure blinds are safe by design and they do
not have looped cords to prevent accidents.
This is especially important in a child’s
bedroom. More information can be found on
the Royal Society for the Prevention of
Accidents’ website.
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5. At the end of the fixed period
If you want to stay
If you want to extend your tenancy after any
initialfixed period, there are a number of
importantissues to consider. Check Shelter’s
website for advice.
Do you want to sign up to a new fixed term?
If not, you will be on a ‘rolling periodic tenancy’.
This means you carry on as before but with no
fixed term. Your tenancy agreement should say
how much notice you must give the landlord if you
want to leave the property – one month’s notice is
typical. Shelter publishes advice on how you can
end your tenancy.
Your landlord might want to increase your rent
Your landlord can increase your rent by agreement,
or as set out in your tenancy agreement, or by
serving you with a notice proposing a new rent.
If your landlord has served you with a notice
proposing a new rent, you can make an application
to challenge the proposed rent in the tribunal.
The deposit cap introduced by the Tenant
Fees Act 2019 means you may be entitled to
a partial refund of your tenancy deposit. The
government’s guidance on the Tenant Fees
Act explains whether this affects you.
If you or the landlord want to end
thetenancy
The government has announced that it plans
to put an end to ‘no fault’ section 21 evictions
by changing existing legislation. Landlords
will still be able to issue you with a section 21
notice until new legislation comes into effect.
If you receive a section 21 notice from your
landlord, seek advice from Shelter or Citizens
Advice. If you are eligible for legal aid, you can
also contact Civil Legal Advice for free and
confidential advice.
There are things that both landlords and tenants
must do at the end of the tenancy.
Giving notice
It is a legal requirement for landlords to give you
proper notice if they want you to leave. Normally,
the landlord must allow any fixed period of the
tenancy to expire and they must give you the
correct period of notice, which varies depending
on the type of tenancy and the reason they want
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
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.
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If you do not leave at the end of the notice period,
your landlord will need to apply for a court order to
evict you, and must arrange for a warrant of
possession to be executed by bailiffs if you remain
in your home after the date given in the order.
However, if you seek advice and support as early
as possible, it is more likely that you will be able to
resolve any issues and remain in your home.
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
residential tenants in England and Wales’.
If you want to end the tenancy
Your tenancy agreement should say how much
notice you must give the landlord if you want to
leave the property. One month’s notice is typical,
and you must give it in writing. Make sure you keep
a copy of the document and a record of when it
was sent. Please see the ‘If things go wrong’
section below if you want to leave sooner than the
notice period set out in the tenancy agreement.
Rent
Make sure that your rent payments are up to date.
Do not keep back rent because you think that it
will be taken out of the deposit.
Bills
Do not leave bills unpaid. This might have an
impact on your references and credit rating.
Clear up
Remove all your possessions, clean the house,
dispose of rubbish and take meter readings. Try to
leave the property in the same condition that you
found it in. Check this against your copy of the
inventory and take photos that show how you
have left the property.
Dispose of any unwanted furniture via a local
collection service.
Return the keys
Return all sets of keys that were provided. If you
do not, the landlord may charge you for changing
the locks.
Inspection
Try to be present when the property is inspected
to check whether any of the tenancy deposit
should be deducted to cover damage. If you do
not agree with proposed deductions, contact the
relevant deposit protection scheme.
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6. If things go wrong
Most problems can be resolved quickly and easily
by talking to your landlord or letting agent.
There are often legal protections in place for the
most common problems that you may experience
during the tenancy. The following links will tell you
what they are or where to look for help.
■ If you have a complaint about a letting agent’s
service and they don’t resolve your complaint,
you can complain to an independent redress
scheme. Letting agents must be members of a
government-approved redress scheme.
■ If you want to leave the property within the
fixed term or more quickly than permitted in the
tenancy agreement, you should discuss this
with your landlord. If your landlord or
lettingagent agrees to end the tenancy early,
you should make sure that this is clearly set
outin writing and that you return all your sets
ofkeys. If you do not, your landlord may make
a court claim against you to gain possession
ofthe property.
■ You could be charged if you want to end the
tenancy early, although this fee must not
exceed the loss incurred by the landlord or the
reasonable costs to your letting agent if you are
renting through them. Unless or until a suitable
replacement tenant is found, you will be liable
for rent until your fixed-term agreement has
ended or, in the case of a statutory periodic
tenancy, until the required notice period under
your tenancy agreement has expired. The
government’s guidance on the Tenant Fees
Act contains more information.
■ If you are having financial problems or are
falling into rent arrears, speak to your landlord
as they may be helpful and are likely to be
moresympathetic if you talk to them early on.
Should you need further help, contact your
local council, 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. Also check
outthese practical steps for managing your
rent payments.
■ If the property is in an unsafe condition and
your landlord won’t repair it, contact your local
council. They have powers to make landlords
deal with serious health and safety hazards.
You can also report this to your local Trading
Standards office.
■ You may be able to take your landlord to court
yourself if you think the property is not fit for
habitation, under the Homes (Fitness for
Human Habitation) Act 2018. The court can
make the landlord carry out repairs and pay
you compensation. You may also be able to
take your landlord to court if they do not carry
out some repairs. For more information, please
see Shelter’s advice on section 11 of the
Landlord and Tenant Act 1985.
■ If you have a serious complaint about the
property and your local council has sent a
notice to the landlord telling them to make
repairs, your landlord may not be able to evict
you with a section 21 notice (no-fault eviction)
for six months after the council’s notice. You
can still be evicted with a section 8 notice if you
break the terms of your tenancy.
■ Failure to comply with a statutory notice is an
offence. Depending on the notice, local
councils may prosecute or fine the landlord up
to £30,000. Local councils have powers to
apply for banning orders which prevent
landlords or property agents from managing or
letting out property if they are convicted of
certain offences. If a landlord or property agent
receives a banning order, they will be added to
the Database of Rogue Landlords and
Property Agents. There is a specific process
for banning order offences.
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■ I
f a landlord or letting agent charges you a
prohibited payment (a banned fee according
to the Te
nant Fees Act 2019) or unlawfully
keeps
a holding deposit, they could be liable
for a fine of up to £5,000. If there are multiple
breaches, they could be liable for a fine of up
to £30,000 as an alternative to prosecution.
Local councils are responsible for issuing
these fines. Landlords or letting agents cannot
rely on giving notice under section 21 to
obtain a possession order if they have not
repaid any unlawful fees or deposits they have
charged under the terms of the Tenant Fees
Act. Tenants are also able to make an
application to the tribunal to recover a
prohibited payment, which can order a
landlord or agent to repay a payment which
has been charged unlawfully. The
government’s guidance on the Tenant Fees
Act contains more information.
■ If your landlord is making unannounced visits
or harassing you, contact your local council. If
more urgent, dial 999.
■ If you are being forced out illegally, contact
your local council. Shelter and Civil Legal
Advice may also be able to help you. If your
landlord wants you to leave the property, they
must notify you in writing, with the right
amount of notice. You can only be legally
removed from the property if your landlord has
a court order for possession and a warrant is
executed by court bailiffs.
■ If you live with your partner and you separate,
you may have the right to carry on living in
yourhome.
■ If you are concerned about finding another
place to live, contact the housing department
of your local council straight away. Depending
on your circumstances, they may have a legal
duty to help you find accommodation and
they can also provide advice. The local council
should not wait until you are evicted before
taking action to help you.
Protection from eviction
Landlords must follow strict procedures if they
want you to leave your home. They may be guilty
of harassing or illegally evicting you if they do not
follow the correct procedures.
Landlords must provide you with the correct
notice period and they can only legally remove you
from your home by obtaining a court order for
possession and arranging for a warrant to be
executed by court bailiffs. See ‘Understanding the
possession action process: A guide for private
residential tenants in England and Wales’.
For anyone facing the loss of their home, free
Government funded legal advice and
representation (legal aid) is available through the
Housing Loss Prevention Advice Service. If you
receive written notice that someone is seeking
possession of your home you should make
contact with the Housing Loss Prevention Advice
Service at https://www.gov.uk/guidance/legal-
aid-for-possession-proceedings.
Government funded legal advice is also available
for other housing and debt matters. You can have
an initial discussion with an adviser to find out
about the support available by contacting Civil
Legal Advice (CLA) or by visiting find-legal-advice.
justice.gov.uk and entering the property post code
and tick the category ‘housing’.
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Rent repayment orders
Rent repayment orders require a landlord to
repay a specified amount of rent to a tenant
and/or a local council, where there has been
an illegal eviction or failure to licence a
property that requires licensing.
Rent repayment orders also cover breach of a
banning order or failure to comply with certain
statutory notices. Where a rent repayment
order is made, local councils may keep the
money if the tenant’s rent was paid by state
benefits. Where a tenant has paid rent
themselves, the money is returned to them. If
benefits covered part of the rent, the amount
is paid back pro-rata to the local council and
the tenant.
More information on how to apply for a rent
repayment order is available on GOV.UK.
If you are reading a print version of this guide and
need more information on the links, please
contact us on 0303 444 0000 or at 2 Marsham
Street, London, SW1P 4DF.
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7. Further sources of information
Read further information about landlord and
tenant rights and responsibilities.
Read the government’s guidance on the Tenant
Fees Act. This includes:
■ what the Tenant Fees Act covers
■ when it applies and how it will affect you
■ helpful questions and answers
Tenancy deposit protection
schemes
Your landlord must protect your deposit witha
government-backed tenancy deposit scheme.
£ Deposit Protection Service
£ MyDeposits
£ Tenancy Deposit Scheme
Client money protection
schemes
Your agent must protect money such as rent
payments through membership of a
government-approved client money
protection scheme.
Letting agent redress schemes
Every letting agent must belong to a
government-approved redress scheme.
Usethe links below to find out which scheme
your agent belongs to.
£ The Property Ombudsman
£ Property Redress Scheme
You can also contact the redress schemes to
make a complaint about your letting agent.
Homes (Fitness for Human
Habitation) Act 2018
Guide for tenants
Help and advice
£ Citizens Advice – free, independent,
confidential and impartial advice to
everyone on their rights and
responsibilities
£ Shelter – housing and homelessness
charity who offer advice and support
£ Crisis – advice and support for people
who are homeless or facing
homelessness
£ Your local council – to make a complaint
about your landlord or the condition of
your property
£ Housing Loss Prevention Advice Service
– free legal advice if you are at risk of losing
your home
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£ MoneyHelper – free and impartial
moneyadvice
£ The Law Society – to find a lawyer
£ Gas Safe Register – for help and advice on
gas safety issues
£ Electrical Safety First – for help and advice
on electrical safety issues
£ Foundations – a national organisation that
can provide advice and help disabled
people apply for funding to make
adaptations to their home
£ Smart Energy GB – for help and advice
oninstalling a smart meter and tips on
energy efficiency
Also in this series
The government’s ‘How to rent a safe home’
guide helps current and prospective tenants
ensure that a rented property is safe to live in.
The government’s ‘How to let’ guide provides
information for landlords and property agents
about their rights and responsibilities when
letting out property.
The government’s ‘How to lease’ guide helps
current and prospective leaseholders
understand their rights and responsibilities.
The government’s ‘How to buy a home’ guide
provides information to home buyers.
The government’s ‘How to sell a home’ guide
provides information to those looking to sell
their home.