Housing Rights in the Private Rented Sector

This information aims to give a brief outline of the different types of tenancy and the rights you have if you are renting from a private landlord. It does not cover secure Council or Housing Association tenancies.

Are you a Tenant?

Not all occupiers have the same legal rights.

Generally, you likely have a tenancy if:

• You pay rent and
• You have exclusive use of one room (even if you share bathroom and kitchen facilities) and
• You can stop other people, including the landlord, from entering your home.

The landlord must give you proper notice if he/she wants you to move out. If you do not leave, the landlord must get a possession order from the County Court before you can be evicted.

A landlord cannot simply demand you leave or lock you out if you don't.

If you are not a Tenant

If you are not a tenant then you will generally be a 'licensee'. Some licensees do not have even the basic legal protection that a tenant has. They are called excluded licences. Some examples when you will be an excluded licensee are:-

• You are sharing with your family
• You are a lodger sharing accommodation with a resident landlord
• You do not pay rent
• You are staying in a hostel or hotel
• You do not have the right to occupy at least one room
• You have been offered accommodation temporarily by a friend
• The landlord provides services such as cleaning

If you are an excluded licensee and your landlord wants you to leave it will not be necessary for him/her to get a Court Order. However, you are entitled to "reasonable" notice.

Tenancies starting before 15 January 1989

You have much more legal protection if your tenancy started before this date and your landlord does not live in the same building as you.

• You can ask the Rent Officer to fix a fair rent
• You can only be evicted by a Court Order on very limited grounds
• The tenancy can be passed on twice after the original tenant dies.

If you do share the same building as your landlord you may have a restricted contract which gives you fewer rights. However, your landlord still requires a Court Order to evict you.

If you have a tenancy that started before 15th January 1989 and you move to different accommodation or sign a new tenancy agreement, you may lose all your legal rights.

Tenancies starting between 15 January 1989 and 27 February 1997

These tenancies are generally less secure than earlier ones. Landlords are also entitled to charge a 'market rent'.

Assured Tenancies

• You can only be evicted by a Court Order on specific grounds - some are automatic others are discretionary
• The tenancy can sometimes be passed on when the original tenant dies.

If you receive a notice seeking possession then speak to a member of the Residential Health team as soon as possible.

Assured Shorthold Tenancies

This is the most common type of tenancy.

• The minimum term of the tenancy is at least 6 months.
• The landlord must give 2 months notice that he/she requires possession
• The landlord can get a Court Order at any time after the fixed term and proper notice have expired
• The tenancies cannot be passed on if the original tenant dies.

The landlord must give written notice that you have an Assured Shorthold Tenancy BEFORE you move in and sign a formal agreement. If the landlord fails to do this then you will have an assured tenancy.

Exclusions

You will NOT be either an Assured or Assured Shorthold Tenant if:-

• You are a licensee
• You have a resident landlord
• You are renting the property for a holiday
• You are a student renting from a college or university
• The property is let to a company with which you have some connection
• You do not pay rent.

In these cases you will have very limited rights.

Tenancies starting on or after 28 February 1997

For any NEW tenancy granted on or after the 28th February 1997 there are important changes to the previous tenancy rules in force since the 15th January 1989. The main changes are:-

ALL new tenancies will be Assured Shorthold Tenancies unless the landlord serves a notice stating that it is an Assured Tenancy

• Tenancies can be for a fixed term or from week to week or month to month
• There is no need for a written agreement (although it is in everyone's best interests to have one)
• If the terms of the tenancy are not written down then the landlord must respond within 28 days to any request from the tenant to provide them
• Tenants are still entitled to at least 2 months notice which can only take effect after 6 months from the start of the original tenancy. The notice MUST be in writing and the landlord must still obtain a Court Order to evict.
• Tenants can only apply to the Rent Assessment Committee to fix a rent during the first 6 months of the tenancy.

Harassment & Illegal Eviction

For advice about what to do if your landlord tries to force you out of your home or evicts you without following the proper procedures please see our Harassment and Illegal Eviction page (see link on the left hand side of this page).

Both Harassment and Illegal Eviction are serious criminal offences.

If you would like any further information or help please contact Environmental Services Residential Health team.

Contact Details:

E-mail: environmental.services@tendringdc.gov.uk
Address: Environmental Services, Council Offices, Thorpe Road, Weeley,
Essex, CO16 9AJ
Telephone: 01255 686744

Some advice will vary from authority to authority so it is advisable to contact your own local authority. To find out who your local authority is, you can check your Council Tax bill or enter your postcode on the DirectGov - the Government information website www.direct.gov.uk