Tenancy agreements
All rented accommodation must be of a decent standard, safe and comfortable. As a private tenant you will usually receive an assured shorthold tenancy for six months, the property may be furnished or unfurnished. Always check your tenancy agreement carefully as you may be responsible for payment of water rates or other charges.
Rent levels may be higher than council tenancy rents, you will be required to pay a bond to the landlord before they grant you the tenancy.
You may be able to make an application for housing benefit to assist you with the rent payments depending upon your income. Citizens Advice will be able to help you with this application if required. Please also refer to our page on Universal credit to see if this applies to you.
If you are renting privately, you have tenancy rights and your landlord has responsibility towards you as their tenant. Knowing the basics may help you keep your property.
Tenancy agreements
Your landlord should provide you with a tenancy agreement when you agree to rent their property. A tenancy agreement is an agreement between landlord and tenant where, in return for rent, you can live in their property as your home. Tenancies are normally Assured Shorthold and must have an initial fixed term of a minimum of six (6) months, although this can be for longer than this if your landlord prefers. Your landlord should give you a copy of the agreement and should keep a counterpart copy for themselves. Citizens Advice (opens new window) will be able to go through the agreement with you if you need advice before accepting the tenancy.
You should read the tenancy agreement carefully before signing it. It is a legal document and legally binding and you are agreeing to abide by the terms written in it. Any changes to the agreement should be decided between yourself and the landlord and written into the document before signature. Do not be afraid to ask questions and make sure you understand what you are signing.
Agreements should contain information such as:
- the name of the landlord
- where he can be contacted
- how much the rent is
- whether it is to be paid weekly or monthly
- when the tenancy begins and how long it is for
- whether property is furnished or unfurnished
- and any rules regarding such things as whether pets are allowed or not, who is responsible for decorating etc.
Once the fixed period of the tenancy has expired, your tenancy will then become a "periodic tenancy" whereby you have the right to continue to live in the property and all the terms and conditions of your original agreement still stand. Alternatively, your landlord may grant you a further tenancy on a fixed-term basis. If you wish to leave the property you should give the landlord four weeks' notice.
If the landlord wishes you to leave he must give you two months' notice that he requires possession. He can give you notice during the fixed term but the notice period cannot end before the end of the fixed term, provided you do not break the rules of the tenancy agreement.
Remember - a tenancy agreement is a legal document. Make sure you read it thoroughly, understand it and are prepared to stick by its terms before you sign it. If you have any concerns seek legal advice.
If you do not share your property with the landlord, they are legally obliged to give you written and signed information about:-
- the date the tenancy starts
- the amount of rent you are expected to pay
- the date the rent is due and frequency of payments
- whether your stay if for a fixed amount of time
- the date the rent is set for review.
If your landlord does not provide this 'statement of terms' they have 28 days to provide you with the requested details. If you are having difficulties with this seek advice from a Citizens Advice Bureau, Solicitor or Housing Aid Centre.
Where the landlord provides a tenancy agreement you need to look carefully at the parts about responsibility for repairs and the list of furniture. This way you can prevent future disputes, particularly arguments over returned deposits at the end of your stay.