Renting from a private landlord

The following information provides details to questions frequently asked about renting from a private landlord.

I am renting / thinking of renting from a private landlord - how does the law affect me?

Important changes in the Housing Act 1996 affect tenancies. The changes mean that the vast majority of tenancies starting on or after 28 February 1997 are assured shorthold tenancies.

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How long does an assured shorthold tenancy last?

You agree this with your landlord. There will be an initial fixed term (usually of six or 12 months), after which a further fixed term will be agreed or it will be left open ended and become an ongoing periodic tenancy.

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When can I be asked to leave?

Your landlord can ask you to leave at any time after six months, as long as any fixed term has ended and they have given you at least two months written notice.

If you wish to leave, you must give the landlord at least one months written notice after any fixed term has ended.

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Can I get help with my rent?

If you are already claiming other benefits or your income is low, you may be able to get help through the Local Housing Allowance. You should apply to the Council to see if you are eligible and, if so, how much you can claim.

A Local Housing Allowance calculator is available on the Directgov website. It can quickly assess a households bedroom entitlement under LHA, and then provide the LHA rate for that size of accommodation in any specific area.

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Can I be evicted?

If your landlord has a reason to evict you before the end of your fixed period, they must give you written notice stating they are going to court to seek possession. The period of notice for grounds of rent arrears is at least two weeks. For any other grounds the period of notice is usually two months, although it can be less. Your landlord must give notice on a special form called 'Notice seeking possession of a property let on an Assured Tenancy or an Assured Agricultural occupancy'.

You cannot be evicted before the court has agreed to your landlord regaining possession of the property and your landlord has obtained a Bailiff's warrant. Only an appointed bailiff can evict you from your property.

If you are threatened with eviction, contact the Housing Options team for advice on 01483 743834. Your local Citizens Advice Bureau may also be able to help.

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What can I do if I think my rent is too high?

If you think you are being charged more than other tenants for a similar properties, you can ask a rent assessment committee to decide what the rent should be. Contact your nearest rent assessment panel for details at:

  • South Eastern and Southern
    1st Floor
    Midland House
    1 Market Avenue
    Chichester
    West Sussex
    PO19 1PS

    Phone: 01243 779394

If you are a new tenant on or after 28 February 1997, you must apply within six months.

If you are an existing tenant, you can apply at any time during the fixed term of the original tenancy.

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As a tenant what are my responsibilities?

You are responsible for:

  • paying rent as agreed
  • taking care of the property
  • paying bills (e.g. gas, electricity, telephone etc) as agreed with your landlord
  • in most cases, paying Council Tax, and water charges.

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What are my landlord's responsibilities?

Your landlord is responsible for:

  • repairs to the structure of the property
  • repairs to the exterior of the property
  • heating and hot water installations
  • basins, sinks, baths and other sanitary installations
  • the safety of gas and electrical appliances
  • the fire safety of furniture and furnishings provided under the tenancy.

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What can I do if my landlord tries to evict me illegally or is harassing me?

Your landlord cannot evict you without a possession order from the court. Nor can they, or someone on their behalf, force you out of your home or stop you using part of it, if you have a legal right to live there.

If you are experiencing difficulties, talk to the Housing Options team or go to the homelessness frequently asked question page.

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Where can I get more information?

A more detailed booklet 'Assured and Assured Shorthold Tenancies - A Guide for Tenants' is available free of charge from:

  • DCLG Free Literature, PO Box No 236, Wetherby LS23 7NB Phone: 0870 1226 236

This booklet is also available from many Citizens' Advice Bureaux, solicitors or law centres and the Council's Housing Options service.

The Tenancy Agreement Service is a legal information service which aims to answer any questions you may have on many areas of housing law, including tenancy rights, ending a tenancy and the types of tenancy agreements used when renting a property.

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Contact us

If you would like more information, please contact the Housing Options team on 01483 743834 or email: housingoptions@woking.gov.uk