Many people will rent accommodation from private landlords at some point in their lives. Private renting can include renting a room in a landlords home, renting holiday accommodation, or renting a flat or house.
This information looks at the rights of tenants who have an assured shorthold tenancy agreement, which is now the tenancy most commonly used by private landlords.
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Additional Information
What is an assured shorthold tenancy?
If you are renting a separate property and your tenancy began after 15 January 1989, you are most probably an assured or an assured shorthold tenant. If you are an assured shorthold tenant you may only have the right to stay in the property for 6 months. Your landlord may allow you to stay longer but s/he does not have to. If you are an assured tenant, you can usually stay for as long as you want to.
What do I do if I am not sure what type of tenancy I have?
If your tenancy began before 15 January 1989 or you have a resident landlord or your accommodation is tied to your job, contact the Housing Advice Office who will be able to tell you what type of tenancy you have and what your rights are.
What are my rights if I am an assured shorthold tenant?
From 28 February 1997, all new tenancies will be shortholds unless your landlord notifies you otherwise in writing. If your tenancy began before 28 February 1997, you should have received a special notice telling you that you have an Assured Shorthold tenancy. If you did not, you may be an assured tenant.
How long does a shorthold tenancy last?
If your tenancy began before 28 February 1997, it should have been for a fixed period of at least six months. If it started after this date, no fixed time is required and the tenancy can be left open-ended.
What notice am I entitled to before I have to leave?
Your landlord can ask you to leave at any time after 6 months. You are entitled to 2 months notice provided any fixed term has ended. This may or may not have to be in writing depending when your tenancy started. Contact the Housing Advice Office if you are unsure about the notice you have been given.
Can I be asked to leave during the fixed period?
The landlord can apply to the Court to end the tenancy at any time if you have breached your tenancy because of rent arrears, anti-social behaviour, damage to the property etc.
Do I have to leave?
You only have to leave your property if the court gives your landlord a possession order.
Additional Information
What should I do if I need help with a deposit or rent in advance?
Contact the Housing Advice Office on 01803 861234 who may be able to help you or refer you to another agency.
Who should I contact if I need help with paying the rent?
If you are claiming any means-tested benefits or you are on a low income you may be entitled to housing benefit. You can apply to the Housing Benefit Section to find out how much rent would be covered by housing benefit before you agree to sign a tenancy agreement.
What happens if get into rent arrears?
Contact the Housing Advice Office immediately. Your landlord may be able to repossess your property if you are in rent arrears, and if you are made homeless you will need to prove that you have done everything possible to pay your rent. For further information on homelessness please click here.
Where should I go if I would like extra information on my tenancy agreement, my responsibilities as a tenant, my landlords responsibilities and any problems I am having?
You can contact the Citizens Advice Bureau or the Housing Advice Office who would be pleased to assist you.
There is also the Tenancy Agreement Service website that offers information for landlords and tenants on assured shorthold tenancy agreements in England and Wales.
