Privately renting advice

Renting a home in England involves understanding your rights and responsibilities as a tenant.

This guide provides information to help you understand renting privately.

What does "Privately Renting" mean?

Privately renting means that you pay a fixed weekly or monthly cost to live in a property that is owned by someone else. This is different to an organisation that has a purpose to provide homes to people, like a housing association or Council.

The amount that you pay is set by the owner, or an agency on behalf of the owner. The amount will normally, but not always, depend on:

The size of the property
What properties in that area are charging already
he demand of this type of property

The owner is normally the 'landlord'. The person or persons who live in the home are called the 'tenants'.

There is a normally a tenancy agreement in writing, although sometimes this agreement can be verbal.

A tenancy agreement is a legal contract between a landlord and a tenant. It sets out the rules for renting a home.

It tells you:

how much rent you need to pay
how long you can stay in the property
what the landlord is responsible for
what the tenant is responsible for

Both the landlord and the tenant must follow the rules in the agreement. It's important to read it carefully before signing.

Finding a privately rented home

You can find homes to rent by searching online. The most common places to look are:

Rightmove.co.uk (opens new window)

Zoopla.co.uk (opens new window)

Spareroom.co.uk (opens new window)

You can also contact local letting agencies online, or by phone, email or walking into their office.

Landlords also advertised on social media, however you should make sure the ads are real and view the property in person before paying any money.

Your income and credit score will likely decide on you being able to rent a home privately. Landlords do not have to complete a credit check but will want to make sure that you can afford the payments.

For more information on affordability and credit checks, please see Shelter.england.org.uk - how to rent from a private landlord or letting agent (opens new window)

Right to Rent

Before starting a tenancy, landlords or letting agents must verify the immigration status of all adult occupants. This process, known as the Right to Rent check, requires you to provide documentation confirming your legal right to reside in the UK.

You have the right to rent if you:

Are a British or Irish citizen.
Have indefinite leave to remain.
Have refugee status or humanitarian protection.
Have settled or pre-settled status under the EU Settlement Scheme.
Have permission to be in the UK, such as on a work or student visa.

For a full list of acceptable documents, refer to the UK Government's guidance on Right to Rent checks, located here: Gov.uk - how-to-rent (opens new window)

Entering into a Tenancy Agreement

When renting a property, the landlord or letting agent must provide:

Tenancy Agreement - a contract outlining the terms of your tenancy.
Energy Performance Certificate (EPC) - indicates the property's energy efficiency.
Gas Safety Certificate - confirms gas appliances have been inspected and are safe.
'How to Rent' Guide - an official government booklet explaining tenant rights and responsibilities.

Deposits

Landlords can request a security deposit, but it must not exceed five weeks' rent. This deposit must be protected in a government-approved tenancy deposit scheme with 30 days of receiving it. You must be provided with proof of deposit protection.

If your landlord fails to protect your deposit or does so late, you may be entitled to compensation, and it could affect their ability to evict you. For more details, consult Shelter's guidance on tenancy deposits here: Shelter.england.org.uk - tenancy deposits (opens new window)

Discrimination

It is illegal for landlords or letting agents to discriminate against tenants based on protected characteristics such as race, gender, disability, or if you receive benefits.

If you believe you have been discriminated against, organizations like Shelter and Citizens Advice can offer support.

Repairs and Maintenance

Repairs within a rented property are normally the responsibility of the landlord or letting agency. Your landlord should only enter your home with your permission. You should agree a suitable time with your landlord or letting agency to rectify the problem(s).

For further information on repairs in your rented accommodation, please see Shelter guidance here: Shelter.england.org.uk - advice/repairs (opens new window)

Landlords are responsible for most repairs in a rented property, including:

The structure and exterior of the property.
Plumbing, heating, and hot water systems.
Electrical wiring and gas appliances.

Landlords must give proper notice before entering the property to carry out repairs. For more information, see Shelter's advice on repairs.

Rent Increases

Landlords must follow certain rules when increasing rent. The specific process depends on your tenancy agreement:

Fixed-term tenancy: Rent can only be increased if your contract allows it or at renewal.
Periodic tenancy: Landlords must give at least one month's notice (or longer, depending on your agreement).

You can challenge excessive rent increases through an independent First-tier Tribunal. More details are available on the UK Government's website here: Gov.uk - private-renting/rent-increases (opens new window)

Health and Safety

Your landlord must ensure the property meets health and safety standards, including:

Gas Safety Checks - conducted annually by a registered Gas Safe engineer.
Electrical Safety - wiring and appliances must be safe.
Smoke and Carbon Monoxide Alarms - smoke alarms on each floor and carbon monoxide detectors in rooms with solid fuel appliances.

For more information, please visit Report a housing hazard.

Landlord Harassment

Tenants have the right to quiet enjoyment of their home without undue interference. Landlords must not:

Enter the property without proper notice.
Threaten or harass you.
Cut off utilities or change locks to force you to move out.

What action can be taken?

Harassment does not have to be obvious or intentional before you can do something about it. You can:

ask your landlord to stop the behaviour
keep a diary, notes and photographs of what happens
contact the Council or an advice centre, the police, or a solicitor for help (this can also be used as evidence later)
ask your landlord to put all communication to you in writing
have someone with you for support and as a witness whenever you see your landlord

You should call the police if you are being threatened with violence.

If you have a concern about this and would like to discuss it, please contact the housing advice team on 01243 534734 or housingadvice@chichester.gov.uk.

Evictions

Section 21 Notice - "No Fault" Evictions

Landlords must follow legal procedures if they wish to evict a tenant.

The most common type of eviction notice is a Section 21 notice (for 'no fault' evictions). This notice must:

Give at least two months' notice.
Be issued using the correct 'Form 6A'.
Be valid - meaning all required tenancy documents (EPC, gas safety certificate, 'How to Rent' guide and proof of deposit protection) were provided to you.

If you remain in the property after the notice period, your landlord can apply to court for a possession order. Bailiffs must give at least two weeks' notice before an eviction.

Section 8 Evictions

If you do not pay your rent, or you carry out actions deemed as 'Anti-Social Behaviour' (ASB), you could be evicted. There are other reasons, too. You may have a defence that can be proved in court.

There are several grounds you could be evicted under a Shelter.england.org.uk - section 8 notice (opens new window). Depending on the reason, the notice period can be as short as 2 weeks.

You should always pay your rent, no matter what the circumstances.

If you are at risk of homelessness due to eviction, you can seek advice from the Council's housing team by following Chichester Homemove (opens new window)

Houses in Multiple Occupation (HMO) Licenses

Properties rented to multiple tenants from different households may require an HMO licence. A landlord cannot serve a Section 21 notice if the property requires a licence but does not have one.

For more information, please visit Housing in Multiple Occupation (HMOs).

Retaliatory Evictions

You cannot be evicted in retaliation for requesting repairs.

Report serious repairs to the council and they serve an improvement notice on your landlord,
Your landlord cannot issue a Section 21 eviction notice for six months.

This is known as a revenge eviction.

You cannot be served with a section 21 notice for 6 months following repairs to your property, ordered by the Council under an improvement notice or an emergency works notice. If you are served with a section 21 following an improvement or emergency works notice being issued to your landlord, this may also invalidate the notice. This could be classed as 'Revenge Eviction'.

For further guidance on revenge evictions, please see Shelter Guidance here: Shelter.england.org.uk-revenge eviction if you ask for repairs (opens new window)

Contact us

For further information and advice email housingadvice@chichester.gov.uk. Alternatively, you can phone us on 01243 534734.

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