Private rent and tenancies

A tenancy agreement is a legal agreement in writing that sets out the rights and responsibilities of both landlord and tenant.

Tenants and basic rights

The law gives you certain basic rights depending on what sort of tenancy you have. Your tenancy agreement may give you more rights than the basic legal rights. All tenants have basic rights, including:

  • the right to a rent book
  • freedom from harassment and illegal eviction
  • 28 days’ notice to quit
  • due process of law
  • the right to claim housing benefit

From 1 April 2007, some tenants gained additional basic rights, including:

  • the right to a tenancy statement
  • the right to a tenancy term
  • basic repairing obligations

There are different types of tenancies offering different rights and protection.

Protected or statutory tenancy:

If you moved into the property before 1 April 2007, you may have a protected or statutory tenancy.

This type of tenancy offers the most security against eviction and rent increases.

The type of tenancy you have depends on when the tenancy started.

Further information is available on the Department for Social Development website using the link below :

Further information is also available on the Rent Officer website using the link below:

Private landlords:

Private landlords will normally rent their property out at the market rate and their right to increase the rent depends on the type of tenancy and the tenancy agreement.

Tenancies which began before 1 April 2007 do not have to have a written agreement unless the tenancy is for a fixed term of over one year and a day.

The landlord of a tenancy which began after 1 April 2007 must provide the tenant with written confirmation of the terms of the tenancy.

Deposits:

Before you move into your home it is likely that you will have to provide the landlord or letting agency with a deposit

  • this is requested to cover any unpaid rent or damage to the property
  • sometimes, when a tenant decides to move on, there may be disputes concerning the returnable amount
  • when you sign your tenancy agreement always check the details to see what your deposit will cover and how it will be returned
  • you should also ask for an inventory of the property’s contents when you move in
  • ensure that you agree with the terms and conditions of the tenancy before you hand over any money

Help with your rent:

If you have a low income you may be able to get Housing Benefit to help pay your rent.

Your savings as well as your income will be used to work out how much benefit you may be entitled to.

For more information please check the link below:

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