RentingA guide to tenancy rights

Legal

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More of us than ever before are considering renting as a long-term option. This can be due to the high cost of buying a home, the desire to stay flexible for career purposes, or it may simply be a lifestyle choice. It can also mean fewer maintenance and repair bills to worry about. From a tenant’s perspective, if you want to live in a nice house in a desirable location, it can be cheaper to rent there than it is to buy.

This guide sets out the different types of arrangements you can have when renting a property or a room, what you can expect from your landlord and what they will expect from you as the tenant. It also provides useful tips on how to prepare for the home-hunting process, including the key questions you should ask a landlord or letting agent. And if you’re unlucky enough to encounter problems as a tenant, we provide guidance on how to deal with disputes with your landlord.

This guide covers England and Wales (Scotland and Northern Ireland have different rules). I hope you find the information helpful and informative. If you need more advice on tenancy or other legal issues, our team of specialist advisers are on hand to help – call 01992 879724 or visit whichlegal.co.uk.

Espe FuentesHead of Legal Operations,Which? Legal

© Which? Ltd 2018 The guide may not be reproduced, stored in a retrieval system, transmitted in any form or otherwise made available to third parties without the written permission of Which? Ltd. Commercial use of the guide is not permitted. You can enquire about using Which? content by emailing corporatequeries@which.co.uk. This guide has been produced for general information and interest only. Which? makes every effort to ensure that the information in the guide is correct but we cannot guarantee that it is 100% free of inaccuracies, errors and omissions.

Welcome04 Renting a property: first decisions

06 Viewing a property

08 Letting agents and landlords

10 What is a tenancy agreement?

12 Protecting your deposit

14 What are the landlord’s obligations?

16 Repairs advice

18 Dealing with tenancy disputes

20 Ending a tenancy agreement

22 Jargon buster

Contents

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Renting a property: first decisionsBefore you get started with searching for a new home, think about what kind of property you need and which are your preferred locations, and work out if your budget is enough to meet your goals

What kind of property is right for you? Rental costs are significantly affected by the

number of rooms in a property, so it’s worth

renting the smallest space that meets your

needs. If you’re renting somewhere near work

and only need the accommodation during the

working week, you’ll probably be better off

looking for a room in a house, rather than

a self-contained property.

You will also need to decide if you want a

furnished or unfurnished property. If you are

renting with a view to moving into the area

permanently, then you may want an unfurnished

property where you can use your own furniture,

as putting it into storage can be very expensive.

Letting fees and deposits

In November 2017 the government put forward a draft Tenant Fees Bill. If it is approved, this legislation would ban letting fees for tenants and put a cap on the amounts that landlords and letting agents can demand in deposits.

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Location, location, locationOne major plus point about renting is that

rents tend to vary less from area to area than

property prices, so you may be able to afford

to rent in an area where you can’t afford to buy.

You can opt for the most convenient or pleasing

location and see what it costs to rent there.

What’s the market like?It’s worth researching the local market before

going to view properties. You’ll get a feel for

the maximum and minimum rents charged for

the type of property you are interested in,

and whether there are variations according to

location. This will also tell you how active the

market is and whether demand matches supply

– information that may help you negotiate the

price down when the time comes.

Where to search■ Internet sites. There are various property

websites you can use to find rentals in your

chosen area. Some examples are: zoopla.co.uk,

rightmove.co.uk, spareroom.co.uk, openrent.

co.uk, uk.easyroommate.com and more. It takes

time for properties to be listed on these sites, so

it’s still worth contacting letting agents directly.

■ Advertisements. Check in post offices and

other shops. These are a good source of local

information and particularly useful if you already

live close to where you want to rent. Also look

for property ads in local newspapers or in

publications and websites with classified ads,

such as loot.com and gumtree.com. There

are usually plenty of ads in newspapers, but

attractive properties get snapped up quickly,

so get the paper as early as you can and start

phoning as soon as office hours start.

■ Letting agents. The above search methods

can be time consuming, so you might find it

easier to let an agent do the work and provide

you with a list of suitable properties. Usually

they produce a free list on a daily or weekly

basis, although some agents may charge an

arrangement fee for finding a specific property.

See pages 8–9 for more on letting agents.

Under the Consumer Rights Act 2015, letting

agents are required to publish full details of

their fees and charges.

Student lets

If you’re looking to find a place to live for the start of the new term, you have two options: rent an individual room, in which case you’ll have an individual agreement with the landlord, or get together with friends to rent a property as a whole.

For a student on a budget, price is crucial. You may be able to get better deals by teaming up with friends and renting together, and a group that intends to share accommodation can share the toil of finding it, too.

Ask around: if you hear of a room being available before it hits the market, you might get first refusal.

Many people complain about being badly treated by landlords or letting agents. If you ask these three questions, though, you can help to protect yourself:

1 Which tenancy deposit protection

scheme will my deposit be protected in?

2 Can you bring a copy of a current Gas

and Electrical Safety Certificate with

you on viewings?

3 Can I have a copy of the EPC

(Energy Performance Certificate)?

If a landlord or letting agent says no or can’t

provide any of these, walk away. For tips on

choosing a good landlord or agent, see p8-9.

Avoid tricky landlords and letting agents

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Viewing a property

Always try to view properties during daylight

hours, as that is when flaws show up most.

Follow our suggested list of vital checks below,

and be ready to ask some or all of the key

questions listed on the opposite page.

Vital checksMake a list of your priorities, in terms of what

you want from a property, and score each one

as you view the property to help you come to

a decision.

1 Study the exterior to see if it looks to be

well maintained. If the outside is in a bad

state of repair, the interior is likely to be in a

poor state, too. Are the windows in good

condition? Do the gutters leak? The landlord

or agent won’t tell you if the neighbours are

noisy, but the current tenants might, if you get

a chance to talk to them.

2 Once you’re inside, check that the lights

and taps work and the windows open.

Unlike a buyer, you won’t be able to change

the decor or, if provided, furnishings.

If, however, you’re renting for a while, the

landlord may be happy with you making minor

changes. It’s always worth asking.

3 The property should have a smoke alarm

and carbon monoxide alarm on every floor

(a legal requirement for all new tenancies from

October 2015). Electrical equipment must be safe

to use, including any appliances provided by the

landlord as well as the power sockets and wiring.

If at all possible, you should view a property at least twice to get a feel for what it would be like to live in and the surrounding area. After all, you might end up spending many years there

4 Any property rented out should have a

Gas and Electrical Safety Certificate and

all furnishings must meet the fire safety

regulations. An Energy Performance Certificate

(EPC), should also be supplied (see p22).

A good EPC rating is within bands A to C.

5 Ask if you can view the property again at

another time of day. This will allow you to

check for noise levels and see how much light

enters the rooms. Visiting during rush hour

allows you to judge traffic noise and ease of

parking. In the meantime, ask for a copy of

an example tenancy agreement.

Key questions to ask include:

● Why is the property or room available?

● What’s the rent? (As a monthly or weekly figure.)

● Does the rent include any bills, such as water and electricity?

● Is a deposit required? And, if so, how much is it and which company is it protected by?

● When is the property available from and for how long?

● How much notice do I need to give to leave the tenancy? How should this notice be given?

● What council tax is payable?

● How is the property heated? (Even if you’re viewing the property in the summer.)

● How much are the heating and electricity bills?

● If I’m responsible for their payment, can I change the supplier if I choose?

● Can I see the EPC and Gas and Electrical Safety Certificate?

● Who do I contact if repairs are necessary? (This must be a UK address.)

● Are there any special clauses in the contract that I should know about?

● Are children and /or pets allowed? (If relevant.)

“ Ask if you can view the property again at another time of day. This will allow you to check for noise levels and see how much light enters the rooms ”

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Letting agents and landlordsA letting agent can find you a suitable property, negotiate the tenancy and should only charge you when you pick up the keys. For many people, it’s worth the cost to save time and avoid hassle

The property lettings market is unregulated

and it is growing fast. In 2017 there were

almost five million private rental properties in

England alone – about 20% of the total

housing stock. This creates conditions where

unscrupulous individuals can make a quick

buck at the expense of renters. This can

happen because people looking for rental

accommodation are often in a hurry and,

understandably, are usually keener to discuss

the size of the kitchen or how many bedrooms

a property has than examining the small print

of a tenancy agreement or an agent’s contract.

One important benefit of renting through a

letting agent is that you’ll have some comeback

if there’s a dispute, as they will have a code

of conduct they have to stick to. It’s now a

legal requirement for all letting agents and

property managers in England to belong to

a government-approved redress scheme.

Unfair fees

Some letting agents sneak all sorts of extra charges into their contracts, so it is really important to read the small print before you sign an agreement with them. Examples of unfair fees used by some unscrupulous agents include:

● A fee for information on rental properties.

● A charge for sending letters, even ones telling you the rent is going up.

● A penalty payment charge if you don’t pay the rent by standing order.

● A charge for moving out as well as one for moving in.

● A charge for re-let, even when the landlord agrees to re-let the property early.

The government has pledged to introduce legislation banning hidden fees for tenants (see p4).

“ Because registration is free, it makes sense to sign up with any agents you feel you can trust ”Finding an agentA letting agent’s main job is

to represent the landlord, but

they can charge fees to both

landlords and tenants. Some

don’t charge tenants at all,

while others charge fees

for drawing up tenancy

agreements, providing

inventories and for various

administrative costs, such

as calls, letters and postage.

Because registration is

free, it makes sense to sign

up with any agents that you

feel you can trust. They’ll ask

you about your needs and

how much you want to pay.

If they supply details of

suitable properties, follow

these up straight away,

as decent accommodation

gets snapped up quickly.

Once you decide to rent

a property, the agency may

ask for a holding deposit to

remove the property from

the market while they take

up your references, so it can

be wise to take copies of

references with you when

viewing. This is not the same

as a deposit on the tenancy,

and you could lose it if you

pull out of the rental process.

The best recommendation

is word of mouth, so ask

friends and local contacts

if they know an agent with

a good record.

Spotting a bad agentNaturally, you’ll be focused

on the accommodation you

want, not on spotting faults

with the agency. But knowing

how to spot some of the

tell-tale signs of an unreliable

agent can save you money

and hassle. For example, are

they trying to slip unfair fees

into the contract (see below),

or are they slow to produce

important paperwork about

the property (see p5)?

Remember, a letting agent

who is unprofessional in their

dealings with you is likely to be

just as unfair with the landlord,

which is a recipe for disaster.

Finding a good landlordThere are a number of

industry bodies that can help

you find a reputable landlord:

■ Association of Residential

Letting Agents (ARLA)

■ National Association of

Estate Agents (NAEA)

■ The Royal Institute of

Chartered Surveyors (RICS)

■ UK Association of Letting

Agents (UKALA).

Some local councils, colleges

and associations also run

accreditation schemes that

set minimum requirements

for landlords.

Whatever your situation,

remember never to pay any

money to a landlord before

carefully checking the rental

contract.

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What is an assured shorthold tenancy?Today, the majority of private rentals in the UK

are classed as assured shorthold tenancies.

Various conditions have to be fulfilled for a

tenancy to qualify as an assured shorthold:

the tenant, or each of the joint tenants, must

be an individual (rather than a company);

the tenant, or at least one of the joint tenants,

occupies the house as their only or principal

home; and the tenancy is not specifically

excluded by other provisions of the Housing

Act 1988. The tenant must have the right to

exclusive possession of one part of the house.

With an assured shorthold tenancy, once the

fixed period of the tenancy has expired, the

landlord can retake possession of the property

without having to give a reason, though they

must follow a set process before doing so.

What’s covered in the agreement? Make sure you check your agreement before

you sign it. Most assured shorthold tenancies

are for a fixed term of either 6 or 12 months

– this must be confirmed in the agreement. A

typical assured shorthold tenancy agreement

would usually include the following:

■ A description of the property, clearly

indicating the number or precise location.

■ The amount of rent and how this is to be

paid: surprisingly, the default under common

What is a tenancy agreement? Most rental properties in England and Wales will be rented out as assured shorthold tenancies, which give the tenant no security of tenure once the contractual letting term ends

law is that rent is payable in arrears – so if the

landlord wants it to be paid in advance, this

must be clearly stated in the contract.

If weekly intervals are chosen, the landlord

must provide a rent book or similar document.

In England, Wales and Scotland, a rent book is

required either where the rent is described in

the tenancy agreement as being paid weekly

or where the rent is actually paid weekly by

agreement, irrespective of the wording of

the agreement. Intervals should be weekly,

fortnightly, monthly, quarterly or yearly.

■ Interest on arrears: If the rent falls into

arrears, the landlord cannot claim interest on

it until they start court proceedings. To address

this, the landlord may include a clause in the

tenancy agreement allowing them to add

interest to any arrears at a specified rate.

■ Council tax: The tenant is usually liable for

council tax, unless the property is a house in

multiple occupancy (see below), in which case

the landlord must pay, adding a figure to

Houses in multiple occupation

Where three or more unrelated people share a rental property’s facilities, it is classed as a house in multiple occupation (HMO). If there are five or more tenants in a HMO, the landlord needs a special licence.

cover it to the rent. The agreement could

include a provision to increase the rent to

take into account any rise in council tax.

Otherwise, the agreement should stipulate

that the rent is exclusive of council tax

and that the tenant is required to pay it or

reimburse the landlord should they become

responsible for its payment.

■ Water bills: In the absence of a clause to

the contrary, it is assumed that the tenant

pays these, although the landlord often

pays on short-term lettings. If so, there

could be a provision in the agreement

allowing the landlord to increase the rent

should the water charges go up.

Landlords in Wales and England whose

properties receive water and sewage services

from Welsh Water have to provide information

about their tenants to the company, under

recent regulations introduced by the

Welsh government.

■ Repairs and decoration: The landlord

is liable for most repairs (see p16), but the

assured shorthold tenancy agreement should

also clarify who is responsible for minor

repairs and maintenance.

■ Alterations: Some agreements include

a clause prohibiting the tenant from making

alterations to the property, unless they are

approved by the landlord.

What happens after the tenancy has been agreed?As a tenant you are entitled to enjoy the

premises as if they were your own, subject

to the terms and conditions of the assured

shorthold tenancy agreement and the general

rules surrounding negligence.

“ Some agreements include a clause prohibiting the tenant from making alterations to the property, unless they are approved by the landlord ”

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Most landlords will charge a deposit to cover

the cost of any damage to the property or its

contents found at the end of the let. It’s usually

equivalent to four to six weeks’ rent and must

be paid up front before the tenant moves in.

A deposit can cause problems for a number

of reasons. When the tenancy ends, the tenant

The deposit, or rather its return, has traditionally been a source of potential dispute between tenants and landlords. What can you do to protect your deposit and ensure money is only deducted for damages?

may feel that the property has not been left

in poor condition and that deductions from

the deposit have been made unfairly. In

other cases, the tenant may try to withhold

payment of rent at the end of the tenancy, on

the assumption that the deposit can be used

to cover their final rental payment.

Protecting your deposit

To prevent these types of issues, legislation

was introduced in 2007 requiring deposits to be

protected in an independent third-party scheme.

The law applies to all properties rented under

an assured shorthold tenancy agreement in

England and Wales. (Similar regulations came

into force for Scotland in 2012.)

This means that any landlord taking a deposit

must safeguard it using a tenancy deposit

protection scheme. The landlord must protect

the deposit within 30 days of receiving it. The

tenant should receive details of the deposit

protection scheme used by the landlord – this

information can be detailed in the tenancy

agreement or by letter. If this isn’t done, a

landlord may be penalised with a fine of

between one and three times the deposit. The

tenant should also be provided with information

on how to contact the deposit scheme provider

and what to do if there is a disagreement.

About deposit protection schemesThere are two options offered by deposit

protection schemes:

Custodial scheme: This is where the tenant

pays the deposit money to the landlord/agent

and it is then passed to the scheme itself. It’s

free for landlords/agents to use, as the interest

generated by the deposit pays for the scheme.

Insurance-based scheme: Here, the tenant

pays the deposit to the landlord or agent, who

keeps the deposit (and any interest payable)

but pays the scheme provider to insure it.

In England and Wales there are currently three

main deposit protection schemes in operation:

the Deposit Protection Service (DPS), the

Tenancy Deposit Scheme (TDS) and My

Deposits. Separate, although very similar,

schemes operate in Scotland and

Northern Ireland.

If things go wrongIn the case of a dispute, this can be referred

to the dispute resolution service operated by

the company protecting the deposit. There’s

normally a time limit in which to register any

disputes after leaving the property, so check

with the scheme’s provider how long this is.

Your case will then typically be assessed by

an independent adjudicator.

Raising the depositTenants sometimes struggle to find the money

for a deposit. If the problem is a lack of funds,

then a guarantor may be able to help. Some

local councils or housing associations operate

rent deposit schemes (a loan to cover the cost

of a deposit) or bond schemes (a guarantee

that any losses due to damage or arrears will

be covered by the scheme provider).

A common problem is that tenants can be

left waiting for the return of their last deposit

when they want to rent a new property. In this

case, contact your previous landlord to hurry

along the return of your deposit.

iFind out moreMembers of Which? Legal can call 01992 879724 for

further advice on deposit protection schemes and any disputes on the return of a rental deposit.

“ The tenant should also be given contact details for the protection scheme and guidance on what to do if there is a disagreement ”

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What are the landlord’s obligations?A landlord has legal responsibilities, ranging from fire safety and smoke alarms to various types of insurance

There are many laws that a landlord needs to

abide by, covering everything from gas and

electricity safety to the Data Protection Act.

The landlord is responsible for the structure

and exterior of the property, and must also

ensure that all hot and cold water supplies

and the drains, are properly maintained.

GasThe Gas Safety (Installation and Use) Regulations

1998 require landlords to ensure that all gas

appliances are maintained in good order and

that an annual safety check is carried out by a

tradesman who is registered with the Gas

Safe Register. Your landlord should keep a

record of safety checks, and issue it to you

within 28 days of each annual check.

ElectricityYour landlord is legally obliged to ensure the

electrical system and any electrical appliances

they supply, such as cookers, kettles, washing

machines and immersion heaters, are safe to

use. While it’s not a legal requirement, a check

of electrical equipment prior to the start of the

tenancy will reassure all parties.

Fire safetyAny furniture and furnishings your landlord

supplies must meet the fire-resistance

requirements in the Furniture and Furnishings

(Fire) (Safety) Regulations 1988.

The landlord is responsible for:

● Repairs and maintenance to the structure and exterior (see p16–17)

● All sanitary, heating and hot water installations

● The safety of gas, electrics and electrical appliances

● The fire safety of furniture and furnishings supplied by the landlord

● Protecting the tenant’s deposit in an independent scheme

● Securing any licences required by the local authority, for example, for licensed houses in multiple occupation

● Complying with the legal regulations of owning and letting out a property

● Ensuring that tenants have the right to live in the UK.

Energy efficiencyFrom 1 April 2018, all private

rental properties will be

required to have a minimum

rating of E on an Energy

Performance Certificate.

Initially, this will apply to

new tenancies and renewals,

but will cover all tenancies

by 2020.

InsuranceThe landlord’s insurance policy

only covers the building and

their possessions, so you

should arrange your own

contents insurance. It’s in your

interest, and the landlord’s, to

make a full inventory of what’s

in the property. It’s not always

possible to be present when

the inventory is created, but

it’s important to check it and

highlight any discrepancies

as soon as possible. Make

a separate list of your own

possessions to help you

decide the value of the

insurance cover to take out.

Data protectionLandlords often hold private

information about their

tenants, such as references,

details of benefits they’ve

claimed and whether they’re

up to date with the rent. The

Data Protection Act 1998 sets

out who this information can

be passed on to – this includes

utility companies and debt

collection or tracing agencies.

Your obligations as a tenant

Although being a tenant does not carry the responsibilities of home ownership (which is one of its joys), it does come with certain expectations of behaviour and basic maintenance.

Be professional in your dealings with the landlord or agent. Typically, as a tenant you’ll be expected to:

● Pay your rent on time

● Live in the property and not leave it empty

● Keep the property secure, which means locking doors and, if possible, windows when you go out and not giving the keys to non-tenants

● Look after the property reasonably and inform the landlord of any repairs required

● Undertake some basic maintenance tasks, such as changing light bulbs, tightening loose screws and replacing smoke alarm batteries

● Respect your neighbours by keeping the place reasonably tidy, clearing rubbish and not playing loud music late at night

● Use it as a home, not a base for a business, unless agreed with the landlord or agency.

Smoke alarmsAll properties built after June 1992 must have

a mains-operated, interconnected smoke

alarm fitted on every level of the property. You

should test these regularly. The Smoke and

Carbon Monoxide Alarm (England) Regulations,

which came into effect on 1 October 2015, only

apply to tenancies started on or after this date.

Under the regulations, landlords must install

at least one smoke alarm on each storey

of a property they rent out and one carbon

monoxide alarm in any room with a solid

fuel-burning appliance, such as a coal fire.

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“ If the property has a garden the landlord may include an obligation on the tenant to maintain it or at least cut any grass ”

Repairs adviceYour landlord is obliged to deal with repairs to the structure and exterior of the property. You should check your tenancy agreement to confirm who is responsible for internal repairs and maintenance

Living with a leaking ceiling or a dodgy boiler

is no fun, and it can become frustrating if

repairs take a long time to get sorted. But

whose responsibility is it? The Landlord and

Tenant Act 1985 imposes an obligation on

the landlord to repair, for example, the

structure and exterior of the property, where

the tenancy is for a term less than seven years.

Who is responsible?In the vast majority of cases, the landlord is

responsible for repairs to the structure and

exterior of the property, and for keeping the

supply of gas, electricity and water and the

plumbing and heating facilities in good repair

and in proper working order.

The agreementA provision could be included in the tenancy

agreement allocating responsibility for

non-structural internal repairs and decoration,

so make sure you check this. The agreement

may also contain a clause prohibiting the tenant

from making alterations to the property, even if

you consider them to be improvements, without

approval from the landlord.

The tenant’s responsibilitiesTry to keep on top of minor maintenance,

and let the landlord know of any major repairs

needed as promptly as possible. If you need

to contact the landlord, try to do so at sociable

hours unless it is a genuine emergency.

If the property has a garden, however, the

landlord may include an obligation on the

tenant to maintain it or at least to

cut any grass.

The tenant’s rightsIf your landlord refuses to carry out any

necessary repairs or causes unreasonable

delays, your tenant rights allow you to take

further action to force your landlord to

address the problem.

If you believe the disrepair in the property

poses a serious health and safety risk, you

can contact the Environmental Health

Department of your local council for support.

You may also be able to take court action to

compel your landlord to resolve the issue.

Take independent legal advice before

pursuing this course. In some circumstances,

it may be reasonable to get the work done

yourself and then claim the cost back.

However, it is important to check your

tenancy agreement carefully before taking

action about disrepair in your home. You should

avoid asking your landlord to deal with any

repairs that are listed in the tenancy agreement

as being your responsibility. This could be

interpreted as a breach of your agreement.

“ If the property has a garden the landlord may include an obligation on the tenant to maintain it or at least cut any grass ”

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Dealing with tenancy disputes

It is important to seek professional legal advice prior to taking any action against your landlord. Find out what to do if your landlord isn’t adhering to the obligations of your tenancy agreement

What do you do if you feel that your landlord

isn’t following the terms of your tenancy

agreement? There are various ways of dealing

with disputes, which should be covered by the

tenancy agreement.

If you have a good relationship with your

landlord or letting agent, make a phone call

or meet them to talk through the problem and

what you’d like to see happen next. Make a

note of the date and details of the discussion,

what was agreed and when things were

agreed to be done by.

If it’s not possible to meet or if you don’t

feel you can discuss matters directly with the

landlord or agent, you can consider putting

your concerns or grievances in a letter or

email. However, be aware that putting your

complaints in writing to the landlord may

affect the tenancy. So, if you have any

concerns, consider seeking legal advice

before writing to them. If posting a letter, do

it via recorded delivery or, if communicating

by email, ask for a ‘read receipt’.

If there continues to be a problem after

these initial discussions, then you should

seek specialist advice. You can go to Which?

Legal, Citizens Advice or Shelter for further

guidance. After that, write again and explain

what will happen if nothing is done. If the

problem is still not solved, you’ll need to

consider seeking legal advice on the dispute

and/or taking steps to report the landlord or

agent to a trade association, ombudsman or

local housing officer.

HarassmentSadly, some landlords resort to making life

difficult for their tenants by disrupting their

lives, making threats or using violence as

a cheaper or quicker method of eviction.

It’s against the law and there are remedies

tenants can pursue.

Be aware that a landlord must give

‘reasonable’ notice if they want to visit

the property (generally 24 hours, unless a

longer period is specified in your tenancy

agreement). You are entitled to refuse entry

if this notice is not given. A landlord should

never let themselves into the property, and

entering it without permission is trespassing.

Here are some examples of unacceptable behaviour by landlords:

■ Locking the tenant out or preventing them

from getting into part of the accommodation

■ Disrupting gas, electricity or water supplies

■ Removing doors or windows

■ Interfering with or confiscating the

tenant’s possessions

■ Persistently disturbing the tenant

■ Refusing to allow friends to visit

■ Moving in to part of the accommodation

■ Insisting that you hand over the keys

■ Using threats or making abusive phone calls

■ Throwing out the tenant.

Of course, if a landlord suffers harrassment

from a tenant, then they have the right to take

legal action, too.

Dealing with harassmentAs a tenant, never respond physically or

abusively: tell your landlord in person or,

preferably, in writing that they are disturbing

your peaceful occupation of the property. If

possible, have someone with you as a witness

whenever you are speaking with the landlord.

Keep dated notes of any relevant incidents.

Most disputes originate from simple

misunderstandings that have been allowed to

escalate, and the majority of disputes can be

settled early through improved communication

– sometimes with the help of a mediator.

However, if things do get out of hand,

tenants who receive poor treatment from their

landlords may have civil remedies as well as

criminal sanctions available to them. The basic

remedies are damages – compensation for

loss suffered – or an injunction ordering the

landlord to stop the behaviour.

“ Never respond abusively: tell your landlord in person or in writing that they’re disturbing your peaceful occupation of the property ”

20 ❘ whichlegal.co.uk whichlegal.co.uk ❘ 21

Ending a tenancy agreement

What happens at the end of the fixed term? At the end of a fixed term agreement, if you’ve

come to an agreement with your landlord you

can remain in possession of the property as a

statutory periodic tenant. However, with no

security of tenure, the landlord can evict you

through possession proceedings.

Can I terminate a fixed-term agreement early?The tenancy is a contract with obligations

on both sides, so you can’t sign a 12-month

fixed-term agreement and expect to terminate

it early without the landlord’s consent. If you

move out, the landlord can claim the full

amount of rent that is due until the end of the

fixed period. The agreement may have a break

clause that allows you to end the tenancy

before the end of the fixed term. As this can

have conditions attached, it is important to

check what this states.

You can terminate a periodic tenancy by

serving notice in writing (usually a month for a

monthly tenancy, four weeks for a weekly one),

unless the landlord agrees otherwise. It is

important to check the tenancy agreement in

respect of how and when notice is to be served.

To complete a period of tenancy, under

the ‘corresponding day rule’, the notice must

expire on the same day of the week or month

that it began. So a weekly tenancy beginning

on a Monday must terminate on a Monday

(or, technically, midnight on Sunday), and a

monthly tenancy commencing on the 23rd

must expire on the 22nd or 23rd.

Can I transfer or sublet the tenancy?Not surprisingly, a landlord who has carefully

vetted you may not be pleased to find their

property sublet to someone they’ve never

met. Some tenancy agreements will expressly

forbid assignment (selling or giving away the

tenancy) and/or subletting, while others will

state that this is only permitted with the

landlord’s written consent. But even if it’s not

covered in the tenancy agreement, it is an

implied term of a tenancy that the tenant is

not permitted to assign the tenancy, sublet

or part with possession of any part of the

dwelling. It’s important to check your tenancy

agreement to see what it states in this regard.

Because trying to prohibit assignment and

subletting risks contravening the Unfair Terms

in Consumer Contracts Regulations, some

landlords will allow assigning or subletting on

the condition that it is with their consent. This

allows them to check up on a potential new

tenant in the normal way. Consent can’t be

unreasonably withheld and the landlord must

respond to your request within an acceptable

period. If there’s nothing in the agreement

specifically prohibiting subletting, the landlord

can still use the statutory prohibition in the

Housing Act 1988.

It is important to understand what happens at the end of your tenancy agreement, and how to terminate the agreement if you need to

However, even if the landlord wants the

tenant to leave because they have sublet,

as with any other breach of the tenancy

agreement by the tenant, there are set

procedures they have to follow in order

to avoid evicting the tenant illegally.

What about joint tenancies? In a joint tenancy, if one of the tenants serves

notice then the tenancy will end for all tenants,

unless the tenancy agreement states otherwise.

Any tenants wishing to remain will then need

to make new arrangements with the landlord.

If you encounter problems with a rental property or a landlord, knowing your rights and understanding your options will help to make the situation less stressful. Our team of advisers can help to answer your questions or resolve disputes by providing jargon-free advice that’s tailored to your situation.

Our team of specialist advisers are available during our office hours, by phone or email, to give you expert legal advice in plain English.Join Which? Legal for £29 and pay £9 a month.* Call 01992 879724 to join today.

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22 ❘ whichlegal.co.uk

■ Assured shorthold tenancy

Now the most common form

of tenancy in the UK. Once

the fixed period of the

tenancy has expired, the

landlord is entitled to retake

possession of the property

without giving a reason.

■ Assured tenancy A less

common type of tenancy that

offers the tenant greater

security of tenure.

■ Deposit A sum of money

paid in advance to cover the

cost of any potential damage

to a rental property or the

tenant’s failure to pay the rent.

If there’s no damage when the

tenant leaves the property,

the deposit should be

returned in full.

■ Energy Performance

Certificate (EPC) Provides

information about a home’s

energy use and costs, gives

the property an energy-

efficiency rating, and explains

what could be done to make

it more energy efficient.

■ Guarantor Someone, often

a parent, who promises to

pay the rent for the tenant

in case of default.

■ Harassment Actions that

interfere with the peace or

Jargon bustercomfort of the tenant, such as

violence, threats or denying

access to services. It is a

criminal offence and legal

advice should be sought

in cases of harassment.

■ House in multiple

occupation (HMO) Where

a building, or part of it, is

occupied by tenants who

are not part of the same

household, and two or more

of the households share some

basic amenities. Some HMOs

must be licensed by the local

council. The definition of an

HMO is different in Scotland.

■ Joint tenancy Where two

or more tenants sign a single

tenancy agreement with the

landlord, and they’re all

equally responsible for

paying the rent.

■ Lease The same as a

tenancy, but the term is

usually used to indicate

that the property is let for a

fixed term, and is more often

applied to business property.

■ Licence If the occupier is

only given the right to share

the property (for example, with

the owner) rather than having

exclusive use of a specific part

of it, the arrangement would

be a licence, not a tenancy.

Licensees enjoy less statutory

legal protection than tenants.

■ Notice to quit This can be

issued by either the landlord

or a tenant as a way of

formally ending the tenancy,

within the terms of the

tenancy agreement.

■ Tenancy An arrangement

with two key requirements:

the letting is for a ‘fixed

or ascertainable period of

time’ and it grants ‘exclusive

possession’ of the property

to the tenant, usually in

return for rent.

During a tenancy, a tenant

will have ‘possession’ of the

property – that is, the right to

use it and to keep out almost

everyone, including the

landlord. The landlord has

the right to demand rent,

and the right to take back

the property when the

tenancy has ended.

■ Tenancy deposit protection

schemes Third-party

schemes designed to keep

tenants’ deposits safe and

help to resolve any potential

disputes over the return of a

tenant’s deposit. Private

landlords are now legally

obliged to use a deposit

protection scheme.