Private rent and tenancies

If you're a tenant in private rented accommodation, you and the landlord have certain rights and responsibilities protected in law. A landlord must give their tenant a statement of tenancy terms with information about rent, length of tenancy, rates and what the deposit can be used for.

Tenant's rights

A tenant in private rented accommodation has certain rights which exist in law.  A tenant has the right to:

  • a rent book
  • freedom from harassment and illegal eviction
  • required notice to quit 
  • due process of law
  • claim Housing Benefit

Tenancy began on 1 April 2007

If your tenancy began on or after 1 April 2007,  you have additional rights to: 

  • tenancy statement 
  • a default tenancy term of at least six months
  • information about landlord's basic repairing obligations

Tenancy agreement

The agreement is a legally binding contract on you and the landlord during the tenancy. Your right to receive a written tenancy agreement depends on the type and length of your tenancy. 

If you are a private tenant and your tenancy is less than 12 months, you don't have a right to a written tenancy agreement.  If your tenancy is longer than 12 months, your landlord must provide you with a written tenancy agreement.

Your basic rights as a tenant exist without a written agreement. 

Your tenancy agreement may give you more rights than basic tenant's rights. A written agreement cannot reduce your basic rights as a tenant.

Tenancy Deposit Scheme

A landlord must protect a tenant's deposit paid since 1 April 2013 in a tenancy deposit scheme:

  • within 14 days of the landlord receiving the deposit
  • within 28 days of receipt of the deposit, the landlord must give details to the tenant of the scheme in which the deposit is protected
     
  • Tenancy Deposit Scheme

Notice to quit period

The tenancy agreement should include how long the tenancy will last. The tenancy period is six months if:
 

  • there is no tenancy agreement
  • the time is not agreed

A landlord must always provide the tenant with a written notice to quit.

Depending on the length of the tenancy,  the landlord must give their tenant a minimum notice to quit period. 

Length of tenancy Notice to quit
Five years or less No less than four weeks' written notice
More than five years and up to and including ten years No less than eight weeks' written notice
More than ten years No less than twelve weeks' written notice

If you leave the tenancy early without the agreement of your landlord, even with giving the required notice, you could still be liable for the rent until the end of the tenancy agreement.

If you don't pay your rent, the landlord can withhold your deposit. The tenancy agreement will usually explain this. The landlord could pursue you in the Small Claims Court for the remaining rent.

You should get advice before giving your landlord written notice to quit.

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 Communities (DfC) website:

For information about the Rent Officer and rent control, go to:

Private landlords

Tenancies which began before 1 April 2007 don't 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 tenancy terms.

All private landlords must register before letting a new tenancy. To check if a landlord or property is registered, go to:

Learning to Let programme

Registered private landlords and letting agents can get information information about the Learning to Let programme: 

Paying a deposit to the landlord

Before you move into your home, you will probably pay a deposit to the landlord or agent. They can use this for unpaid rent or damage to the property when you move out. Sometimes a landlord and tenant dispute the returnable amount. 

At the beginning of the tenancy, it is important to: 

  • check the details in your tenancy agreement to see what your deposit will cover and how it will be returned
  • ask for an inventory of the property’s contents when you move in
  • confirm you agree with the terms and conditions of the tenancy before you pay a deposit

Protecting a tenant's deposit

Since 1 April 2013, a landlord must protect a new tenant's deposit in an approved tenancy deposit scheme. For more information on approved deposit schemes, go to:

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, go to:

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