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Generally if your landlord’s tenancy with the head landlord ends, this affects your right to stay in the property. If you share some of the accommodation with your landlord, such as the bathroom or kitchen, you are likely to be a lodger. The legal term for a lodger is an excluded occupier. Excluded occupiers have very few legal rights and can ...
- Who Should Read this?
- Introduction to Renting Rooms – Some Important Principles
- Before Arranging A Let – Some Points to Consider
- Rent and Other Bills
- Repairs, Maintenance and Safety
- Ending A Letting
- Appendix A: Form of Words That Must Be Used in A Notice to Quit
- Appendix B: Special Rules That Apply to Lettings Made Before 15 January 1989
- Appendix C: Other Guides
You should read this if you rent (or are thinking of renting) in a property where the landlord also lives. In law, a resident landlord letting is one where the landlord and the person he or she lets to live in the same building. This includes conversions where they live in different parts of the same property (however long ago it was converted). Ho...
1.1 What types of letting does this booklet cover?
This booklet deals with many different arrangements, ranging from simply renting a room as a lodger to renting a converted flat in a house.
1.2 Why is it important whether the landlord is considered to be resident?
Tenancies which do not have a resident landlord are generally regulated or assured (including assured shorthold), depending whether they were granted before or from 15 January 1989 respectively. Resident tenants have more limited rights to security of tenure than regulated tenants (pre-15 January 1989) and assured tenants from 15 January onwards. Resident landlords have this greater freedom to end an arrangement because it is acknowledged that, should the relationship break down between the l...
1.3 How exactly is a landlord considered to be ‘resident’ in law? Does it make a difference if mine doesn’t live in the property all the time?
For lettings started on or from 15 January 1989, the important point is whether he or she is using the property as an only or principal home, both at the start of the letting and throughout it. It is accepted that, for short periods, a landlord may not live in the property yet still be considered to be resident: so long as he or she intends to return and this is apparent, for example if he or she has left belongings. However, only a court can say for certain whether a landlord has maintained...
2.1 Are there any general points I should know when looking for or taking up accommodation?
If you are trying to find somewhere to live through an accommodation agency, it can charge a fee for finding acceptable accommodation which you take up. By law, it cannot charge a fee merely for providing you with details of properties. See also section 2.6 about contract terms. Generally, your rights with a resident landlord would not depend on whether this person owns the property or is a tenant him or herself. If your landlord has let when he or she should not have done (for example, becau...
2.2 Does the let have to be for a set period or can it run indefinitely?
This is something for both parties to agree at the outset. There is no minimum length of time that the landlord or you must allow the let to run for. Usually it will run indefinitely from one rent period to the next – a periodic letting; or may be agreed to last for a number of weeks, months or years – a fixed termletting. The nature and length of the let can be important for giving notice when either you or the landlord wants to end it. A tenancy must be for an agreed term, eg weekly periodi...
2.3 What facilities should be provided?
The landlord is free to decide most of these things with you, subject to the basic requirements of general housing law: he or she should provide access to kitchen, washing and toilet facilities (but these can be either his or her own or separate). If the property is a ‘house in multiple occupation’ and is subject to licensing the local council will require minimum amenity standards for the number of occupants (such as toilets and washing facilities). If rooms in the house are let to several p...
3.1 Are there any rules about the amount of rent the landlord can charge me?
The landlord is free to agree this with you – for resident landlord lettings agreed since 15 January 1989 there is no means for you to object to the amount of rent you are being charged (see Appendix Bfor rules that apply to most lets started before this date). It is usual for the landlord to ask for rent in advance, eg at the start of the month if it is paid monthly.
3.2 How often (and by how much) can the landlord put the rent up?
Again, there are no rules specifically about rent increases, but if the landlord has agreed a rise with you, he or she cannot put the rent up by more than this. If the arrangement is for a fixed term, it cannot go up within that time unless this has been agreed, for example in a tenancy agreement. The landlord is free to raise the rent at the end of the fixed term, if he or she agrees a new let with you. If the let is periodic or completely open-ended, then unless the parties have made arrang...
3.3 Must the landlord provide a rent book?
He or she is legally obliged to provide a rent book if the rent is payable on a weekly basis. Even where there is no requirement to provide a rent book, it is advisable to ask for a receipt to help avoid disagreements later.
4.1 Who is responsible for repairs and maintenance?
Responsibility for major repairs generally rests with the landlord. For general information, see the Communities and Local Government booklet Repairs, listed in Appendix C– however, the Landlord and Tenant Act 1985 applies to tenancies but not licences. But a home must be fit for habitation whatever the arrangement of people living in it. It is especially important to agree responsibility for other repairs where you and the landlord live in very separate parts of the house, for example if it...
4.2 Are there any rules about gas and electrical safety I should know?
The landlord is required by the “Gas Safety (Installation and Use) Regulations 1998” to ensure that all gas appliances are maintained in good order and that an annual safety check is carried out by a recognised engineer – that is an engineer who is approved under Regulation 3 of the “Gas Safety (Installation and Use) Regulations 1998”. The landlord must keep a record of the safety checks, and must usually issue it to the occupier within 28 days of each annual check. You are responsible for ma...
4.3 What are the rules on fire safety of furniture?
If the landlord supplies furniture or furnishings with the let, he or she should ensure that they meet the fire resistance requirements – sometimes known as the ‘match test’ – in the Furniture and Furnishings (Fire) (Safety) Regulations 1988. The Regulations apply if it is considered that the landlord is acting in the course of a business in letting the property, ie where he or she views the property primarily as a source of income rather than as his or her home. This means that in some resid...
5.1 How can a let be ended?
This depends very much on whether it is for a fixed term, or a periodic or open-ended arrangement (see also section 2.2), and also on the nature of the let (see section 1.4). The requirements in this chapter apply to lettings started from 15 January 1989 – see Appendix Bfor information on lettings started before this date. If the arrangement is an open-ended or periodic one, either you are or the landlord is free to bring it to an end at any time, but must notify the other party that the lett...
5.2 For a periodic or open-ended let, how much notice must be given to bring it to an end? How should I or the landlord give notice to quit?
For non-excludedtenancies and licences, notice must be of at least whichever is the longest of: 1. 4 weeks, or 2. the term of the let, if any (for example, a month if rent is paid monthly), or 3. whatever has been agreed between the parties and, for a periodic tenancy, end on the last day of a period (usually the day rent is due). It must be served in writing; if it is served by the landlord, it must include certain specified information (see Appendix A– pre-printed forms are available from l...
5.3 Can the landlord end a fixed-term arrangement early?
Yes, if there is something in the agreement allowing him or her to terminate the arrangement if you broke it. But the landlord would not be able to end the arrangement for this reason if, for example, the rule that had been broken came from an unfair term in a standard contract. Depending what kind of arrangement it is, the landlord might still have to get a court possession order if you did not leave – see section 5.5. In that situation he or she would have to prove the breach of agreement t...
If the tenant or licensee does not leave the dwelling, the landlord or licensor must get an order for possession from the court before the tenant or licensee can lawfully be evicted. The landlord o...A tenant or licensee who does not know if he has any right to remain in possession after a notice to quit or a notice to determine runs out or is otherwise unsure of his rights, can obtain advice f...What is different about lettings started before this date?
The legal requirements for giving notice and getting possession of property could in some circumstances be more stringent, although you or the landlord would still be free to bring the arrangement to an end and the court must still award possession so long as the correct procedures have been followed. It would also be easier, if the landlord does not always live in the house, for him or her to still be considered as ‘resident’. A letting made by a resident landlord before 15 January 1989 will...
What are the provisions on rent?
In a restricted contract, the landlord and you are free to decide the rent as for post-January 1989 lettings, and indeed if you have agreed a new rent since this date the letting will have ceased to be a restricted contract and the rent can only be set as for lettings started since 15 January 1989. If the landlord is required to provide a rent book (see section 3.3), this must contain the additional information prescribed for restricted contracts. If you and the landlord cannot agree a change...
How must I or the landlord give notice to quit? The requirements are mostly the same as for equivalent tenancies and licences starting after
15 January 1989 (sections 5.1-5.2). The difference is for tenancies where accommodation is shared between you and the landlord (for definition, see section 1.4-1.5), where the requirements are the same as for non-excluded tenancies listed in section 5.2 (minimum 4 weeks, prescribed information etc.).
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