When renting a property, you must be aware of your tenant protections. These rights keep you safe from excessively high rents and protect you from unfair evictions. 

In this blog, we’ll cover the main tenant rights you should know about and 8 steps you can take to protect yourself while renting. 

‍

What are tenants rights?

UK tenants in private rented properties have a number of rights. As a tenant, you have the right to:

• Live in a safe property that’s properly maintained and repaired 
• Have your deposit returned when the tenancy ends (unless you’ve damaged the property). If you have an assured shorthold tenancy, this deposit must be protected in an approved TDP scheme.
• Challenge excessively high rent increases that you feel are unfair. 
• Know who your landlord is (if you don’t, you can write to the person or company you pay rent to, and they must give you this information within 21 days)
• Privacy and to live in the property undisturbed (known as ‘quiet enjoyment’)
• See an Energy Performance Certificate for the property
• Be protected from unfair eviction and unfair rent
• Have a written agreement if you have a fixed-term tenancy of more than 3 years
• Join or form a tenants' association

‍

9 ways tenants can protect themselves when renting

Although it’s essential to be aware of your tenant rights, sometimes this is not always enough to fully protect you. Here are 8 steps you can take to help protect yourself as a tenant and reduce the chance of renting from an irresponsible landlord.  

1. Check the agent or landlord you’re renting from is reputable

‍You should be able to find plenty of positive reviews online for agents that have provided a good service to tenants, so begin with an internet search. The best agents should be members of either Propertymark or RICS, so look for those membership logos in their branch window or website. At the same time, professional landlords are often members of the National Residential Landlords Association (NRLA).

2. Make sure the rent is fair

‍Your rent should always be fair, so check online for other similar properties to let in the area and make sure the landlord or agent is not trying to overcharge you.

3. Beware of anyone who asks you to hand over any money before you’ve seen the property for yourself

Even if there is a very high demand from prospective tenants, no reputable agent or landlord should ask you to hand over any money until you can view the property in person for yourself. You may be asked to pay a holding fee while pre-tenancy checks are carried out, but the entire deposit should only be taken once you have passed the checks and the tenancy agreement is ready to sign.

4. Expect to be professionally referenced

Any professional landlord or agent will carry out robust referencing, including a credit check, a previous landlord’s reference, an employer’s reference, and asking for your bank statements from the last three months. They will also carry out a ‘right to rent’ check, requiring you to provide documentation proving you have the right to live in the UK.

5. Ensure the property is being let legally and safely

The property you are renting must meet numerous health and safety standards, and there are certain documents the landlord or letting agent legally has to provide you with at the start of the tenancy:

• Gas safety certificate
• Electrical Installation Condition Report (EICR)
• Energy Performance Certificate (EPC)
• Prescribed information relating to the deposit protection scheme
• A copy of the government’s ‘How to rent’ guide
• A tenant information pack

The property itself should be free from damp and mould, there must be a working smoke alarm on each floor, and there should be no visible hazards. If you have any doubts about the condition or are not provided with the documents above, it is best not to proceed with the tenancy.

6. Avoid bad agents

Agents are legally required to belong to an approved redress scheme - either The Property Ombudsman or the Property Redress Scheme, so make sure any agent you view properties with is a member. Here are some other tops:

• Check that they have ‘client money protection’ via one of the approved schemes.
• Ideally, rent through an agent who is a member of either Propertymark or RICS, so you know they are professionally trained and qualified and work according to a code of conduct.
• Ensure they give you all the legally required documents and prescribed information relating to the property and tenancy.
• Bad agents often don’t carry out full referencing or undertake ‘right to rent’ checks and may not have an inventory taken for the property.

7. Avoid bad landlords

Renting directly from a landlord doesn't mean you're automatically safer, as you still need to avoid bad landlords. Here are some simple tips to help protect you:

• Conduct an online search to see whether they have been in the news for any bad practices.
• While the ‘rogue landlord’ database for England can only be accessed by local authorities, if you are renting in the capital, you can search the Rogue Landlord and Agent Checker for London to find out if they have been fined or convicted of a housing offence.
• Make sure the tenancy agreement they are asking you to sign is lawful, as bad landlords will often try to include unfair terms, for example, that they can enter the property whenever they like when they must legally give at least 24 hours notice and you are within your rights not to permit entry. Or that you must pay them rent even if the property becomes uninhabitable. See the government’s model tenancy agreement as an example of what a fair contract looks like.
• Make sure they aren’t asking you to pay any fees that have been banned under the Tenant Fees Act, such as a charge for issuing the tenancy agreement, carrying out referencing or making an inventory.
• Check they give you all the same documentation as you would receive from a letting agent and that they check you into the property with an inventory.
• Ask if they have landlord insurance so that you know they’re covered for repairs in case anything goes wrong with the property.

8. Make sure you don’t get evicted

Getting evicted can be extremely difficult. Here are some of the ways you can reduce the chance of this happening to you when renting a property: 

• Rent through an agent who is a member of Propertymark or RICS – good agents have robust processes to ensure successful tenancies and rarely have to evict tenants.
• One of the most common reasons for eviction is rent arrears, so always pay your rent on time and in full.
• Look after the property and advise your managing agent or landlord if there are any maintenance issues. Remember that repairs may take a few days to arrange, so don’t expect an immediate fix!
• Maintain a good line of communication with your managing agent or landlord and confirm any significant exchanges in writing. Always ask first if you would like to make any changes to the property, such as redecoration or putting up shelves. 
• At the viewing, ask how long the property is being rented for – is it the landlord’s home and they are going away for a fixed period of time, or is it a landlord that is investing in the property for the long term and wants a tenant to stay for as long as possible?

‍

Deposit replacement insurance by Lets Insure

If you’re moving into a new rental property, there is much to consider, from getting the right tenant insurance to finding enough money for your deposit. 

At Lets Insure, we offer deposit replacement insurance, which acts as an alternative to a traditional tenancy deposit. Instead of paying a traditional deposit (which could be up to 5 weeks' rent), you pay a small non-refundable fee (approximately one week’s rent). 

Find out more about the benefits of deposit replacement insurance for landlords and tenants on our site.