Your rights and responsibilities when renting

Last Updated: 23.12.2010

It is important you know which type of tenancy you have, as it can affect your rights over the property and how you use it.

Find out about the different types of tenancies, the rights you have under each type and what should be included in your tenancy agreement.

What is a tenancy?

A tenancy 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.

A tenancy agreement is the document agreed between a landlord and tenant which sets out the legal terms and conditions of the rent contract. A tenancy agreement should be prepared before anyone rents the property.

Tenancy agreements can be either written or verbal, but you should use a written tenancy agreement where possible. This will avoid any disputes at a later date as all the tenancy information will be in writing. Check you understand any terms before agreeing to them.

Whether or not a tenancy agreement is in place, landlords and tenants still have certain rights and obligations under the housing legislation.

Rights and obligations under a tenancy agreement

All types of tenancies include the following rights and obligations.

Your rights and obligations as a tenant

Tenants' rights include:

• freedom to live in the property undisturbed
• the right to live in a property in a good state of repair - your landlord should make repairs and maintain the property
• the right to access information about your tenancy at any time
• protection from unfair eviction

Your landlord cannot:

• Change locks without telling you or giving you a new set of keys
• Cut off utilities
• Interfere with your mail
• Verbally or physically threaten you
• Neglect the property.

Certain shared houses (called Houses in Multiple Occupation or HMOs) have to be licensed under special rules which also require that the property meets certain extra fire and electrical safety standards.

You also have the right to protection from unfair rent, to challenge excessively high charges, and to have your deposit returned when your tenancy ends.

If you have a regulated tenancy, you have additional rights. You may have a regulated tenancy if you moved in before 15 January 1989.

If you fail to pay rent or breach other terms of your tenancy agreement you can lose your legal rights as a tenant.

Tenancy types

Landlords and tenants may have other rights and responsibilities depending on which type of tenancy they have. Tenancies can run for a set period, normally of six months or longer (fixed-term tenancy), or on a month-by-month basis (periodic tenancy).

Short Assured Tenancy

If you rent your home from a private landlord or a letting agency then you will probably have a short assured tenancy if:

• your tenancy started after 2 January 1989, and
• the place where you live is rented as a home, and
• it is your only or main home, and
• you received a special notice (an AT5 form) before the tenancy started telling you that it is a short assured tenancy, and
• your tenancy is for at least six months.

You don't have to rent the whole property, you may just rent a room or part of the property. However, if you are sharing the accommodation with your landlord, you will not have a short assured tenancy.

If you have not received an AT5 notice stating that you have a short assured tenancy or your tenancy is for less than six months, you will probably have an assured tenancy.

Assured tenancies

You may have an assured tenancy if the tenancy began before 28 February 1997. This has similar legal rights to an AST, but the tenant can stay in the property for an unspecified period of time. There is no automatic right for the landlord to repossess the property at the end of the tenancy. They must show the court that they have a good reason for wanting possession, using one of the grounds for possession in the legislation.

Regulated tenancies

You may have a regulated tenancy if the all of the following apply:

• you moved in before 15 January 1989
• you live in a different building from your landlord
• you do not get other services included, like cleaning

Regulated tenancies give you more rights than an AST, like increased protection from eviction. You also have a legal right to apply for a fair rent to be registered for the property. A fair rent is an amount set by a rent officer and is the maximum amount your landlord can charge.

If your tenancy was arranged between 28 November 1980 and 15 January 1989, it may be a protected shorthold tenancy. This is a type of regulated tenancy with the same legal protection, though it usually runs for a shorter period of time.

If you die before the tenancy ends, your tenancy rights will automatically pass to your spouse or another qualifying family member.

Tips for tenants

Tips for a trouble-free time as a tenant:

• Never enter in to a tenancy unless there is a written tenancy agreement
• Get the phone numbers and email of whoever will be looking after the property so you can contact them if something goes wrong
• Keep a date record and a copy of all correspondence, including phone calls, and keep a copy of the agreement and inventory
• Check the tenancy agreement for any unfair terms, e.g. a clause that allowed the landlord to come in at any time without giving notice would be unfair
• If repairs need doing, be flexible and allow workmen to come in to the property - but confirm how long work will take first
• Don't sign up for a long, fixed-term tenancy agreement unless you really are sure you will stay that long - because if you leave early you'll probably have to pay until the end of the term
• If you have a problem, talk to the landlord or agent - most will be pleased to help and keep good tenants
• Where you are 'jointly and severally liable' with others for the rent, you can be pursued for the whole rent. So pick housemates you trust!

Tips to help you get your deposit back and avoid disputes:

• Get a detailed inventory done at the start and end of the tenancy, listing everything in the property and its state and condition
• Be there when the inventory is being done. If that's not possible, then insist on seeing a copy and check it is correct. Tell the landlord or agent in writing if it's wrong
• If the landlord or agent doesn't do an inventory, make one yourself as soon as you move in
• Check and list everything carefully - look under carpets, on both sides of mattresses - and note all damages, marks or scratches, as well as how clean everything is. Take photos where possible
• Sign and date the inventory and send a copy to the landlord or agent
• Return the property and everything in it in the same condition at the end of the tenancy
• Repeat the inventory process when you move out - again, itemise everything, take photos and send it to the agent or landlord
• You may be required, as a condition of the agreement, to have carpets professionally steam cleaned
• At the end of the tenancy, you'll have to repair any damage you've caused and replace items that cannot be made good or you can expect to be charged for them
• If the landlord removes anything from the property during the tenancy, get them to sign for it.

More help with tenants’ rights and housing problems

If you are having problems or issues with housing, please visit a North Ayrshire Citizens Advice Bureau and speak to an adviser. You can find our contact details at the bottom of the page, our hours of business can be found on our opening hours page, alternatively, you can email us via our contact us page.