Understanding Your Tenancy

If you rent your home, your tenancy agreement sets out your rights and responsibilities, as well as those of your landlord.

Understanding your tenancy can help you know what to expect, avoid disputes, and ensure your rights are protected. Whether you rent from a local authority, housing association, or private landlord, it is important to know the type of tenancy you have and what it means.

A tenancy is a legal agreement between a tenant and a landlord.

The agreement gives you the right to live in a property in exchange for paying rent.

Your tenancy may be:

• Written down in a tenancy agreement.
• Verbal (although written agreements are usually easier to evidence).
• Fixed-term or periodic.

The tenancy agreement should explain:

• How much rent you must pay.
• When rent is due.
• The responsibilities of both tenant and landlord.
• The conditions of your tenancy.

A tenancy agreement is a document that sets out the terms of your tenancy.

It may include information about:

• Rent payments.
• Repairs and maintenance.
• Notice periods.
• Pets.
• Subletting.
• Use of the property.

It is important to read your tenancy agreement carefully and keep a copy somewhere safe.

The type of tenancy you have will affect your rights and the procedures your landlord must follow.

This is the most common type of tenancy in the private rented sector.

If you rent from a private landlord, you are likely to have an Assured Shorthold Tenancy.

• Starts with a fixed term.
• Continues as a periodic tenancy if not renewed.
• Gives tenants important legal protections.

Secure tenancies are commonly provided by local authorities (councils).

They generally offer:

• Greater security of tenure.
• Stronger protection against eviction.
• Long-term housing stability.

Housing associations often provide assured tenancies.

These tenancies typically offer:

• Long-term security.
• Rights to remain in the property provided tenancy conditions are met.

Some councils and housing associations offer an introductory or starter tenancy to new tenants.

This is usually a trial period before a more secure tenancy is granted.

As a tenant, you have a number of important rights.

These may include:

• Living in a property that is safe and in good repair.
• Protection from unlawful eviction.
• Protection from harassment.
• Having your deposit protected (where required by law).
• Receiving proper notice before certain landlord actions.
• The right to live in your home without unnecessary interference.

The exact rights available will depend on the type of tenancy you hold.

As a tenant, you are generally responsible for:

• Paying rent on time.
• Looking after the property.
• Reporting repairs promptly.
• Allowing access for essential inspections and repairs when appropriate.
• Respecting neighbours and the local community.
• Following the terms of your tenancy agreement.

Failure to meet tenancy obligations could put your tenancy at risk.

Landlords are usually responsible for:

• Maintaining the structure of the property.
• Certain repairs and maintenance.
• Ensuring gas and electrical safety requirements are met.
• Providing information about your tenancy.
• Protecting deposits where legally required.

If repairs are needed, report them as soon as possible and keep records of any communication.

You should inform your landlord if there are significant changes that may affect your tenancy, such as:

• Changes in household members.
• Changes in financial circumstances.
• Changes affecting benefit claims linked to housing costs.

Keeping information up to date can help prevent future problems.

If you are struggling to pay your rent:

• Contact your landlord as soon as possible.
  
• Do not ignore letters or notices.
• Check whether you are entitled to additional benefits or support.
• Create a household budget.
• Seek advice before arrears increase.

Rent arrears are considered a priority debt and should be addressed as early as possible.

Landlords cannot simply remove tenants without following the correct legal process.

The process will depend on:

• The type of tenancy you have.
• The reason for seeking possession.
• Whether the correct notice has been served.

If you receive a notice from your landlord, seek advice as soon as possible.

"My Landlord Can Enter Whenever They Want"

Landlords should usually give notice before entering the property, except in certain emergencies.

"A Verbal Tenancy Isn't Legal"

Verbal tenancy agreements can still be legally valid.

"I Can Ignore Letters About Rent Arrears"

Ignoring arrears can increase the risk of legal action and potential eviction.

"I Have No Rights If I Rent Privately"

Our advisors can help you:

• Understand your tenancy agreement.
• Check your housing rights.
• Deal with rent arrears.
• Access housing-related benefits and support.
• Understand notices from your landlord.

Contact our team for free, confidential advice and support.