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Rights and responsibilities in a private tenancy

Your tenancy agreement

If you rent your home or are a leaseholder (leaseholders usually rent a flat in a block), you have a legal agreement with the landlord or freeholder (the freeholder is the person or organisation that owns the whole block of flats). This gives you rights and responsibilities.

A tenancy which is agreed by word of mouth is legally binding but will be difficult to prove if there is a problem. You will have far more security if you have a written tenancy agreement. The agreement should set out both the landlord and tenants' rights and responsibilities.

Before moving into a new home, check any written agreement you have been asked to sign carefully and ask questions if there's anything you're not sure of. This can avoid problems later.

Remember that your rights will depend on the type of tenancy you have.  

You can check this using Shelter's tenancy checker.

Security of tenure

Most private tenants are given an assured shorthold tenancy (AST) by their landlord.

Many ASTs start with a fixed term agreement, for example, 6 or 12 months. At the end of the fixed term your tenancy becomes a periodic rolling tenancy or you can agree a new fixed term.

Shelter’s website has a lot of information on the rights of assured shorthold tenants.  

If your landlord lives in the house, or a room of the house you live in, you are likely to be a licensee, which gives you fewer rights.  

Houses in Multiple Occupation

If you share a property with other tenants who are not part of your household, your landlord may be subject to Homes in Multiple Occupation (HMO) regulations. These are licenced by the council.  

If so, your landlord must be able to show you that they have complied with the regulations and have an HMO licence.  

Ask to see this before you move in. These regulations include checks to make sure the property is safe, for example from fire hazards, that it is not overcrowded and that there are enough facilities for cooking and washing.  

Your landlord’s rights and duties

A landlord has a duty to:

• provide their name and address to the tenant
• fix the terms of the tenancy before it begins
• give appropriate notice to leave and, if necessary, a notice to obtain a court order
• maintain the property to a reasonable standard and carry out repairs
• not to harass or interfere with the 'quiet enjoyment' of the tenant
• not to discriminate against the tenant
• keep the tenant's personal information confidential
• promptly negotiate the return of the tenant's deposit at the end of the tenancy
• supply the tenant with a copy of the gas safety certificate
• provide a How to Rent Guide

A landlord has a right to:

• charge a reasonable market rent
• receive the rent when it is due
• be informed of any disrepair
• inspect the property having given reasonable notice to the tenant
• go to court for rent arrears and damages
• have Housing Benefit or Local Housing Allowance paid direct if the tenant is more than 8 weeks in arrears

Your rights and duties

Tenants have a duty to:

• ensure the rent is paid in full when it is due
• not cause any damage to the property
• not to do anything that would cause nuisance, damage or annoyance to the landlord or neighbours
• inform the landlord of any repairs that are needed

Tenants have the right to:

• know the name and address of the landlord
• know the terms of the tenancy before it begins
• have a rent book (if you have a weekly tenancy and are not provided with substantial board)
• have a reasonable standard of repair in the property
• have reasonable notice if the landlord wishes to inspect the property
• correct notice if the landlord wants to end the tenancy
• remain in occupation until a court order is granted, as long as the tenant does not share facilities with a resident landlord

Last updated 05 December 2024