Looking for a flatshare in London ? Once you find a property you want to move into, you’ll be a tenant.
This post details what your responsibilities are as a tenant, and what you can expect from your landlord (Check out what your landlord’s responsibilities are).
If you’re a tenant in a privately rented property, you will have certain rights and responsibilities.
You have the right to live in a property that is safe and in a good state of repair, have your deposit protected by a government-backed tenancy deposit scheme and receive your deposit back provided you don’t damage the property, pay your rent and bills and meet the terms of your tenancy agreement.
Tenants have the right to know who the landlord is (the person or company you pay rent to needs to give you this information within 21 days of you writing to them requesting it), and should be protected from unfair eviction and unfair rent (tenants have the right to challenge excessively high charges).
Tenants also have the right to live in the property undisturbed.
According to London landlord Karen Hattersley, tenants should expect to undergo checks from their landlords, who will ask them for references (typically job references as proof of employment or proof of income if a guarantor is paying rent on behalf of the tenant), copies of their ID for a background check and references from previous landlords. Some agencies may also require tenants to undergo a credit check.
As a tenant, you must give your landlord access to your property to inspect it or to carry out repairs, provided your landlord has given you 24 hours’ notice and arranged to visit at a reasonable time of day (if it’s an emergency, immediate access may be required). Tenants are typically required to deal with minor household issues, like changing the lightbulbs.
There should also be a contract between tenant and landlord, typically an Assured Shorthold Tenancy, which allows the tenant full rights to remain in the property until the end of the contract. Tenants should also be given access to the Energy Performance Certificate for the property.
If the tenant has a fixed-term tenancy of more than three years, this agreement should be done in writing.
For a rolling contract, your landlord normally cannot increase the rent more than once a year without a tenant’s agreement, and for a fixed-term contract, the rent can only be increased when the fixed-term ends (or if you agree to a rent increase beforehand). Any rent increase must be in line with average local rents.
Tenants also have the responsibility to pay the agreed rent (even if you’re waiting on repairs or in a dispute with your landlord), pay any other charges you’ve agreed to like Council Tax or utility bills and repair or pay for any damage you or your relatives have caused to the property.
A tenant must also take good care of the property (for example, you are expected to turn off the water at the mains if you’re away in cold weather) and a tenant cannot sublet a property unless it’s specifically indicated in the tenancy agreement or your landlord gives you permission.
If you don’t meet your responsibilities, your landlord has the right to undertake legal action to begin the eviction process.
Alternatively, if you live in a flat or house with a live-in landlord, legally you’re considered a lodger or an ‘excluded occupier.’
Since the landlord’s main place of residence is the flat or house, the rights swing in the landlord’s favour and any contract will not be an Assured Shorthold Tenancy with a six-month break clause and two months’ eviction notice (a landlord just needs to give ‘reasonable notice,’ which is typically 28 days but may be shorter).
Lodgers don’t have the right to exclude the landlord from the room they’re renting (i.e. no locks on the door), but a tenant’s privacy should still be respected. Lodgers may also be asked by landlords to switch to a different room in the property, temporarily or on a long-term basis, with no legal recourse if a dispute arises.
Want to know what it’s like to live in a flatshare? Hear about Alex’s experiences living in a London flatshare.
Confused about UK flatshare jargon? Our glossary will help…
Curious to know the differences between flatsharing and private renting?
