What rights do private tenants have?

If you are a tenant within the UK in a private rented property you have a number of rights to protect you and your home.

Housing is devolved and each country within the UK have their own set of rules when it comes to renting, but there are certain key rights that you should be aware of:

A safe property

Regardless of where you are renting as a tenant you have the right to live in a property that is in a good condition and safe.

Our guide on landlord’s health and safety responsibilities outlines exactly how your landlord is required to keep your home safe.

Undisturbed

You have the right to live in the property undisturbed and what is dubbed as ‘quiet enjoyment’.

This means that you have the right to use the property without unreasonable or unnecessary interference from the landlord or their agent.

Energy performance

All tenants have the right to know the energy performance of the property via an Energy Performance Certificate.

Protected tenancy deposits

These must be protected in a government approved scheme, but there are different schemes and rules depending on where you rent.

Challenge high rent increases

Anywhere in the UK you have the right to challenge rent increases that you feel are unfair, however, the process is slightly different depending on where you live.

England and Wales

• Your landlord must get your permission before they increase the rent.
• The rent increase must be fair, for example to a similar level with average local rents.
• They must give you a minimum of one month’s notice if you are on a rolling tenancy or six months’ notice if you have a fixed-term annual tenancy.

If you feel the rent increase is unfair you can challenge it.

• First speak to your landlord and try to come to an agreement.
• If you can’t come to an agreement, you can ask a tribunal to decide for you.

Citizens Advice have further information on challenging your rent increase in England and Wales and details how you can apply to a tribunal.

Scotland

• Rent can only be increased once a year.
• Your landlord has to supply you with a Rent Increase Notice form which includes a three-month period before the increase takes place.

If you feel the rent increase is unfair you can challenge it.

• You must apply to Rent Service Scotland within 21 days of receiving the notice.
• A rent officer will look at your case and make a decision within 40 days.

Citizens Advice Scotland outlines challenging a rent increase in greater detail.

Northern Ireland

• Any rent increases must be fair.
• Your landlord must get your permission before increasing the rent.
• If you are within a fixed-term tenancy, your landlord must give you at least 28 days written notice.
• If you are on a periodic tenancy (week by week, month by month) your rent can be increased at the end of your rental period.
• You have the right to cancel your agreement without penalty if you cannot agree to the rent increase.

Protection from unfair eviction

There are different protections against unfair eviction depending on where you live in the UK.

England and Wales

• Your landlord must give you at least two months’ written notice, also known as a ‘notice to quit’.
• You must be outside of your fixed term in your tenancy agreement or;
• Your landlord has grounds for eviction or they want to move back into the property.
• It is a crime for your landlord to harass you or try to force you out of a property without a court order.
• You can talk to your local council if you feel you are being evicted unfairly.

Scotland

In Scotland, if you have a private residential tenancy:

• Your landlord can only evict you for a specific reason. These are outlined here.
• Your landlord must give you written notice before you can be evicted. How long this notice period is depends on the reason behind your eviction. In some cases the notice period could be up to 6 months. There is more information on the MyGov.scot website.
• If a landlord ends a tenancy but the tenant refuses to move out, the landlord can only recover possession through court proceedings.
• If you think you are being evicted unfairly, you will have the opportunity to defend your eviction through a tribunal. Citizens Advice Scotland has further support on this.

Northern Ireland

• Your landlord must give you 28 days written notice with their ‘notice to quit’.
• It is a crime for your landlord to harass you or try to force you out of a property without using a court order.
• More information on evictions on the NI Direct website.

Evictions during Coronavirus

Across the UK, each nation has produced updated guidance on evictions during the coronavirus outbreak.

In all cases this includes an extension of the notice period for evictions and in England, Wales and Northern Ireland there has been a pause in court proceedings.

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