Good luck with your move! The Renters’ Rights Act introduced lots of positive changes for private renters from 1st May this year, so it’s a good idea to check what your rights are. We’ll explain what you need to know – including what support is available if the landlord or letting agent you’re renting from isn’t following the new legislation.
As you start hunting for your new home, remember that landlords and letting agents are now legally obliged to stick to the price listed on the advert for the room or property they’re renting out, to prevent them choosing tenants based on who can pay most rent. You also have stronger protections against discrimination if you have children or you’re claiming benefits, as the council now has powers to fine private landlords who refuse to rent based on these grounds.
Once you’ve found your new home, be prepared to pay some money upfront. You might be asked for a holding deposit before you sign a tenancy agreement, to secure the property while the landlord or agent completes checks like whether you can afford the rent. Landlords and lettings agencies can’t ask for more than one week’s rent to hold the property – and they shouldn’t offer viewings to anyone else once you’ve paid this.
Next, you’ll normally be asked for a tenancy deposit and rent in advance. You shouldn’t be asked to pay a rent advance until you’ve signed your tenancy agreement – and it’s not legal to ask for more than 1 month’s rent up front. If a landlord or letting agent does this, you can report them to the council who can ask them to repay you the excess.
Your landlord or letting agent must provide you with written information about your tenancy before you sign any agreement so that you understand your rights and responsibilities. This could either be a written statement of the terms or a tenancy agreement, and you can decide whether you want to rent it based on this information. If they don’t provide this, they may be prevented from asking you to leave the tenancy and might be fined. For other considerations before moving in, visit our self-help pages.
Once you’re moved in, you should be protected from unfair rent rises. Under the new Act, your landlord/letting agent can’t raise your rent within the first year of you moving in, they can only put the rent up once a year, and they must give you two months’ notice before doing so.
You also have the right to challenge any rent increase you think is too high by going through an independent tribunal process. Just be aware you’ll need to pay some money in fees to go to tribunal – how much will depend on your circumstances.
Another positive change for private renters is enhanced protection against eviction, which is where your landlord or letting agent asks you to leave your home. They can no longer ask you to leave using a ‘no fault’ eviction notice called a section 21. Instead, they must have a legal reason to evict you with a section 8 notice – such as if you haven’t paid your rent or have committed anti-social behaviour. They can still take the property back for reasons like wanting to sell it or move a family member in – but they can’t do this in your first year there.
If you want or need to move out, you can give your landlord two months’ notice that you’re leaving at any time, as fixed term tenancies have been scrapped by the Act. Before, tenants usually couldn’t give notice during the ‘fixed term’ of the agreement – most commonly 6 or 12 months.
Finally, there’s good news for animal lovers too! If you want to get a pet, your landlord or letting agent must consider your request and provide a reasonable justification if they say no.
Other new protections for renters are still on the way, including a private rented sector landlord database, a private landlord ombudsman and more expected towards the end of the year. Renting privately can be a lot to navigate regardless of whether you’ve done it before. For more information about any of the topics discussed, you can contact us.