We have a well-established system of laws and regulations in the UK that protect the rights of tenants. Whether you’re a first-time landlord or a long-term property manager, understanding the rights of your tenants is crucial for a safe and enjoyable renting experience. Here, we aim to provide a comprehensive overview of understanding tenant rights so that you are best equipped to manage your landlord-tenant relationship.
Tenancy types
Before we take a look at tenant rights, let’s briefly look at the three available tenancy types. There are a few different tenancy types, known as Assured Tenancy, Regulated Tenancy or Assured Shorthold Tenancy.
Assured tenancy
An assured tenancy is a private tenancy where a tenant rents from a private landlord. The tenancy must have started between 15 January 1989 and 27 February 1997. It would probably have been granted by a Housing Association or Housing Trust and the tenant can live in the property indefinitely if rent is paid and the terms of the tenancy agreement are met.
Regulated tenancy
The tenancy agreement here is a private one and would have needed to start before 15 January 1989. Here, the tenant is entitled to something known as ‘fair rent’ and is reviewed every couple of years.
Assured Shorthold Tenancy (AST)
This is where a tenant rents from a private landlord, starting with a fixed term (such as 6-12 months), and can then be renewed after that fixed term period. At this point a tenant can either decide to move out or the landlord can renew the lease.
Alternatively, the lease agreement can become a rolling one (periodic) and does not have a fixed end date. This is the most common type of tenancy agreement.
What rights do tenants have?
Now that we have an understanding of the different tenancy agreements available, let’s discuss the rights that tenants have within these tenancy agreements.
The Right to a Safe and Habitable Property
Tenants have the right to live in a property that is safe and in a good state of repair. You, as a landlord, are legally obliged to ensure that the property meets specific safety standards, such as:
- Gas safety: All gas equipment must be safely installed and maintained by a Gas Safe registered engineer.
- Electrical safety: Electrical systems and appliances provided by the landlord must be safe to use.
- Fire safety: Adequate fire safety measures, like smoke alarms and accessible escape routes, should be in place.
Deposit protection
When you rent a property out, you’ll likely receive a deposit. This deposit must be protected in a government-approved tenancy deposit scheme (TDP). Within 30 days of receiving the deposit, you must inform your tenant about which scheme you’ve used, how to apply to get their deposit back, and what to do if there’s a dispute over the deposit.
Fair treatment
Tenants have the right to be treated fairly and without discrimination. This means that you, as a landlord, cannot discriminate against your tenants based on race, gender, disability, religion, sexual orientation, or any other protected characteristic under the Equality Act 2010.
Right to privacy
You must respect your tenant’s right to privacy and peaceful enjoyment of the property. This means that you cannot enter the property without their permission and need to provide at least 24 hours’ notice before you visit – unless it’s an emergency.
Repairs and maintenance
Generally speaking, landlords are responsible for most repairs of a residential property. This includes repairs to the structure and exterior of the building, heating and hot water systems, pipes and drains, gas appliances, electrical wiring, and any damage they cause by attempting repairs. Tenants should report any need for repairs to you.
Rent increases and protection from unfair eviction
Rent can only be increased at certain times during the tenancy and must be done fairly. The process for increasing rent depends on the type of tenancy. You will need to give your tenants a certain amount of notice before the rent increases.
The amount of notice that you give your tenants depends on the length of the tenancy period. If the tenancy runs from month to month then the tenancy period is one month. So, the minimum amount of notice you can give for a 1-year tenancy period is 6 months, for example.
Tenants also have protection from unfair eviction. You need to provide a valid reason for wanting to evict your tenants and should follow the proper legal procedure when doing so.
Right to challenge excessive charges
If your tenant feels that the charges for service, like maintenance fees for communal areas in an apartment building, are excessive, they have the right to challenge them. These charges can include service charges, administration fees or any other costs that are not covered in the tenancy agreement.
Tenants also have the right to request a detailed breakdown of these charges, and it is in your best interests to be completely transparent about these charges from the get-go.
Right to know who the landlord is
Tenants have the right to know the identity of their landlord. If this information isn’t provided in the tenancy agreement, they are able to request it in writing from the person who collects their rent.
Energy Performance Certificates
Tenants have the right to see the Energy Performance Certificate (EPC) for the property. As you will be aware, an EPC gives information about the energy efficiency and carbon dioxide emissions of the property.
Tenancy agreement
While a tenancy agreement can be verbal or written, it’s highly recommended to have a written agreement to avoid disputes. This agreement should outline the rights and responsibilities of both the tenant and you, as the landlord.
The tenancy agreement protects both the landlord and the tenant legally, and if the obligations under the agreement are met, there should not be any major concerns.
Protection against retaliatory eviction
AST tenants are usually at more risk of retaliatory eviction as sometimes, landlords can use the Section 21 eviction process without having to give a reason to the tenant. However, tenants do have the right to see if the Section 21 eviction process is valid, so if you need to undergo a Section 21 eviction, ensure that you do so properly.
Also, if you fail to act upon any requests for repairs to be made by the tenant, they can contact the local council and issue an improvement notice, so that they are protected against retaliatory eviction. This means that you, as the landlord, cannot evict your tenants simply for complaining about conditions.
For more information on how to navigate Section 21, take a look at our blog post on The ultimate guide for navigating the changing landscape of Section 21 and Section 8 regulation.
Ending a tenancy – from the tenant’s perspective
At the end of a tenancy period, the leasing agreement usually becomes a rolling agreement whereby tenants can give a month’s notice before ending their tenancy. A lease generally can’t end naturally and if a tenant refuses to agree to an end in tenancy, you, as the landlord, would have to escalate the situation by serving a Section 21 notice.
Council tax
Tenants are usually responsible for paying council tax, but in some cases, especially in shared housing or HMOs (Houses in Multiple Occupation), landlords might pay the council tax. Always ensure that your tenancy agreement states whose responsibility it is to pay council tax.
Responsibility for household bills
Unless stated otherwise in the tenancy agreement, the tenant is usually responsible for paying utility bills, including gas, electricity, water, and telephone/internet bills.
Seeking redress
Tenants can seek redress through various means if they are having issues with their landlord. They have the option of being able to contact a tenancy relations officer at their local council, use a mediation service, or go to court if necessary.
Tenant responsibilities
Equally, tenants will have certain responsibilities too to ensure that the working relationship between the two parties runs as smoothly as possible. Here are some of the responsibilities of your tenants:
- Take good care of the property. For example, they should turn off the water at the mains if they’re away in cold weather
- Pay the agreed rent, even if repairs are needed or they’re in dispute with you as the landlord
- Pay other charges as agreed within the tenancy agreement, for example, Council Tax or utility bills
- Repair or pay for any damage caused by them, their family or friends
- Only sublet a property if the tenancy agreement allows it
- Give you access to the property to carry out inspections or repairs.
Understanding the rights and responsibilities of your tenants is crucial in ensuring that the rental experience is a positive one. At the Toller Property Group, we are committed to providing you with expert information on what it means to effectively manage your property as a landlord.
Contact us today on 01327 636 740 for more information!