Housing advice for tenants

Landlords and tenants may have other rights and responsibilities depending on the type of tenancy. Most information about the different tenancy types and the rights and responsibilities associated with them, please see GOV.UK: Tenancy types.

If you share with your landlord then your rights are likely to be more limited than if you have exclusive use of the accommodation.

A tenancy agreement is a contract between a landlord and a tenant that allows the tenant to live in a property as long as they pay rent and follow the rules. Regardless of whether you are a landlord or a tenant you should always have a tenancy agreement, preferably in writing. Make sure you read your tenancy agreement through before accepting it.

Most tenancy agreements contain information about how and when a landlord can get access to the property, for example, if repairs are needed. Tenants are entitled to be given at least 24 hours notice.

The tenancy agreement gives certain rights to both the tenants and the landlord. For further information on tenancy agreements take a look at citizens’ advice online.

Further information is available on the Gov.uk website:

• Model agreement Assured Short Hold Tenancy
• How to Rent Guide
• Landlord and Tenants Rights Document

Your landlord is obliged to protect your deposit within a Government authorised scheme. There are three approved schemes:

• Deposit Protection Services (DPS)
• MyDeposits 
• Tenancy Deposit Scheme (TDS)
• Tenancy Deposit Protection

If any other scheme is used your deposit is not protected in law. The scheme safeguards your deposit and resolves disputes over repayment of a deposit from a landlord at the end of a tenancy. It also ensures you receive it back at the end of your tenancy, if you are entitled to it.

Mandatory HMO Licencing

From 1 October 2018 any HMO that is occupied by five or more persons who form two or more separate households, and who share basic amenities such as a kitchen, bathroom or toilet, will require a license.

For further information please see our  Mandatory HMO Licensing page.

Since the 6 April 2017, the Housing and Planning Act 2016 has provided tenants in England the power to take their landlord to tribunal if they are guilty of any of the following offences:

• Used violence to secure entry to the property
• Unlawful eviction or harassment of the occupier
• Failure to comply with enforcement action:
• Improvement notice
• Prohibition notice
• Civil penalty notice
• Breach of a banning order
• Failure to license a property (if it requires a license) e.g. HMO license,

Further information is available on the Government website.

As a tenant you are responsible for your own contents by taking out contents insurance.

The landlord is responsible for the building insurance. For example, to cover for accidental damage to the structure, such as burst water pipes, broken windows and other similar things.

A property should be free of serious health and safety hazards. If you rent your property it is normally the responsibility of your landlord to deal with any issues in relation to this. If you are a tenant you should ask your landlord to carry out any repairs.

As a tenant you also have responsibility for the up keep of the rented accommodation you live in; you have to use your home in a responsible way. This includes:

• Keeping it reasonably clean
• Not damaging the property, and ensuring that your guests don’t either
• Carrying out minor maintenance (for example checking smoke alarm batteries)
• Using the heating properly (for example, not blocking flues or ventilation)

Landlords will not be responsible for any appliances you bought yourself so you should ensure that you have contents insurance that will cover accidental damage.

Your landlord must ensure that you are provided with adequate facilities. They need to keep these well maintained and in good repair including:

• Gas (ensure the engineer is Gas Safe Registered) and electricity, supply, lighting, space heating and hot water
• Toilet facilities, baths, sinks, wash hand basins
• Facilities for cooking and storing food
• Windows and other means of ventilation
• Any outbuildings, yards, forecourts or gardens used in common
• Boundary walls, fences and railings maintained so as not to be a danger to residents.
• Facilities for the disposal of litter and refuse.

Ask your landlord to put things right and ask for a timescale for getting works done.

A property should be free of serious health and safety hazards. If you rent your property it is normally the responsibility of your landlord to deal with any issues in relation to this. If you are a tenant you should ask your landlord to carry out any repairs.

If you need to make a complaint about the condition of the property you are living in, read the information on the complaints about housing conditions page. 

It is important that you know your legal rights and duties when you wish to end a tenancy or licence agreement. Find out more about giving notice and ending a tenancy on GOV.UK: How to end a tenancy

Tenants may be evicted if they do not follow certain basic rules, such as:

• paying their rent
• not causing a nuisance
• being responsible for visitors and guests
• looking after the property and not damaging it.

Harassment

Tenants are protected against harassment and illegal eviction in two ways. Harassment and illegal eviction are criminal offences. Someone who is being harassed or has been illegally evicted by their landlord can claim damages through the civil court. The council has the power to prosecute landlords for harassment of their tenants.

Illegal eviction

If you are forced to leave the property due to some activity carried out by your landlord or someone acting on their behalf, this is an illegal eviction. Under the Protection from Eviction Act 1977, we have the power to prosecute landlords for the illegal eviction of their tenants.

Further information is available on the Private Renting Evictions page on Gov.UK website.

You can also contact our Housing Advice team – housingadvice@northlincs.gov.uk or call 01724 297777

Our first priority will be to try prevent the threat of homelessness by assisting you to keep your current home. Contact the Housing Advice Team.

This new act is good news for tenants

The Act came into force on 20 March 2019 and is designed to improve standards for renters across the country and strengthen their voices.

Landlords across the private and social rented sectors are now legally obligated to ensure that their homes are fit for human habitation, and tenants have the power to take legal action against their landlord to enforce this.

You can get more information regarding the Homes (Fitness for Human Habitation) Act 2018 here.

• Multiple Occupancy Homes (HMO)
• Energy Performance Certificates (EPCs)
• Accredited Landlords List
• Decent Homes Standard
• Housing Health and Safety Rating System
• Cold homes
• Damp and mould
• Homelessness
• Deposit protection explained
• Housing Advice Team

• My landlord wants me out : Protection from harassment and illegal eviction [PDF, 363Kb]
• Tenancy info for tenants [PDF, 498Kb]
• Private renting