With the bottom rung of the property ladder harder to reach than ever, it’s little surprise that the number of tenants in the U.K continues to rise, with  a recent report suggesting that as many as a quarter of homes in the U.K. will be rented by 2021. What’s more, figures show that there is a shortage of properties available for rent, with demand outstripping supply in almost every major city in the U.K. Even with recent measures such as lowering the amount of tax relief landlords can claim on their buy-to-let mortgages and the Minumim Energy Efficiency Guidelines coming into play from April this year, the market still quite clearly favours landlords. And as with any ‘seller’s market’ there will be those that don’t play by the rules.

To ensure that you are not the victim of malpractice by a landlord it is important that you know your rights as a tenant, and where you can go if you suspect these have been contravened. Here are six key points to help you understand your rights as a tenant.

Your Deposit

It’s never pleasant to have to hand over an extra month’s rent at the beginning of your tenancy, but you should have the peace of mind that this money is secure and will be returned at the end of a problem-free tenancy. For this reason, your landlord is required by law to place your deposit in a national deposit protection scheme within 30 days of receiving it. You have the right to see the details of this scheme and their procedures for resolving disputes. This protection is useful if there is a disagreement at the end of your tenancy about how much will be returned, as your money remains protected until the dispute is resolved.

Maintenance and Repairs

Your landlord is obliged to keep on top of all building maintenance such as ensuring the heating, electricity and water are working and fixing broken drains, decks and gutters. If a problem with the building is hazardous they should deal with the problem as soon as possible. If the problem is an emergency, your landlord should take action within 24 hours. If your landlord fails to act on any problem you have reported, you have the right to contact your local council and ask them to carry out a building inspection. If they agree that the problem needs attention they can order your landlord to carry out the work.

Visits from the Landlord

It is unlawful for your landlord to enter your property without giving you at least 24 hours’ notice unless they have a court order to do so. They must arrange their visit within ‘reasonable’ hours of the day, and if you are not able to be at the property you have the right to request that a witness is present. A landlord can also only visit for legitimate purposes, such as to assess any maintenance that may be required. If your landlord fails to give you notice before a visit it can be considered harassment, and you can report them to the police or your local council.

Leaving

While you have a lot of rights as a tenant, the property ultimately still belongs to your landlord and they are within their rights to ask you to leave. However, correct procedures must be followed in order to give you enough time to reasonably find new accommodation and pack up all your belongings. The minimum notice period that a landlord must give is two months. If they fail to comply with this you can contact your local Citizens’ Advice Bureau.

The notice period you must give before leaving will be stated on your tenancy agreement, but in the majority of cases a month’s notice is required. This may be different if you are on a fixed term contract and want to leave before the agreed end date. If you don’t have reasonable grounds for breaking the contract early, e.g. the landlord failing to maintain the property, then you will be expected to pay the agreed rent until the end date of the contract.

Eviction

A landlord does have the right to evict you from a property for a number of reasons. These include late rental payments, for more than two consecutive months or regularly over a period of time; inadequate care of the property; consistent loud or antisocial behaviour that troubles the neighbours; criminal activity or the breaking of any other bespoke clauses within the rental agreement. If they do want to evict you however, they must follow correct procedures. They must send you a formal eviction notice with a court order included. They must not take matters into their own hands by cutting any utilities supplies, intimidating behaviour or any other means – if they do it could well be a criminal offence. If you have been served an eviction notice but would like to stay in the property then seek advice from your local Citizens’ Advice Bureau.

Rent

In most cases, new tenants will sign a fixed term tenancy agreement when they rent a new property. This is commonly for a period of six months and it guarantees the tenant the right to live in the home for this time period, but also guarantees the rental payments for the landlord for the time period. Crucially, the rent cannot be increased during this period either. At the end of the fixed term agreement most tenancies will switch to a ‘rolling’ month-by month agreement. The landlord or the tenant can now give notice at any time, and crucially, the landlord can increase the rent. Tenants do have some protection though. Rental increases are often agreed in your contract, and your landlord can’t increase your rent by more than the agreed amount.  Furthermore, your landlord can’t increase the rent more than once a year. They must also not increase the rent to a degree that is out of sync with other properties in the area. If you feel you have been the victim of an unfair rent increase you can apply to the residential property tribunal, who will assess your claim to ensure a fair outcome.

Did you know…

You can now help build your credit rating by paying rent. Sign up free to Credit Builder and every rental payment you make on time will help improve your credit score.