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Housing Advice for Tenants

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Advice For Private Sector Tenants

Renting in the private sector can allow people a greater choice about where they live. It can also allow people to move when they want. The downside is that it can be insecure. We aim to offer advice and assistance to tenants that helps them remain in their rented home. 

There are minimum standards that private landlords must meet, such as

  • the safety of the property
  • its state of repair
  • tenancy agreement; and
  • security of tenure (for example, a landlord cannot ask their tenant to leave without giving them the proper notice).

We have summarised the main issues below. You can also find lots more information about tenants' rights on Shelter's website.

Paying Your Rent

If you fall behind with rent payments, your landlord may begin proceedings for eviction. Paying your rent is important. Even though it is unlikely a landlord will be able to charge you interest on owed monies, you should think of it as a priority debt. If you build up rent arrears, this will also make it harder for you to find housing in the future. Landlords including Registered Providers will look at references from previous tenancies.

If you are eligible or believe you are eligible for Housing Benefit to help with rent payments then you should apply for Housing Benefit as soon as your tenancy commences. You should also ensure that the Council has all of the information to process your claim. It is your responsibility to do this.

If you are in rent arrears at the moment, you should also apply for Housing Benefit. You should request a backdate if you have a legitimate reason for not claiming earlier. You should also remain in touch with your landlord to try to resolve the issue. You could offer to pay off the arrears over time. For further advice and information, please contact us.

Deposit Issues

Landlords will expect you to pay at least one month’s rent in advance, and provide a security deposit. If you are threatened with homelessness within the next two months, and you are not able to afford the security deposit for a private rented property, we may be able to assist you through our Deposit Guarantee Scheme. This is subject to satisfactory references. Please contact us for more advice.

Your landlord must place your deposit in an approved "deposit protection scheme" and provide you with details of this. This means that your deposit is protected if there is a dispute about any damage within the property. We recommend that you complete an inventory when you move in. Many landlords will provide you with one, which you need to check for accuracy. It is advisable to take photographs at the beginning and the end of your tenancy. You can download an inventory form or you can find out more about deposit protection on the Government's website.

Eviction and Illegal Eviction

If your landlord or lettings agency want to evict you from your home, they will need to give you notice in writing for a period of at least two months notice. If you do not leave by the time this expires, the landlord will have to apply to court for a possession order. Only a bailiff appointed by the court can physically evict you from your home. A landlord cannot tell you to leave immediately without following this process.

You can contact the Housing Options Team for advice, if your landlord is:

  • threatening to evict you straight away or
  • has actually evicted you or
  • has changed the locks to the property.

Out of office hours you can call our main number 0115 981 9911 for assistance. You can also call the Shelter Housing Advice Helpline 0808 800 4444. We will contact the landlord to try to resolve the situation and ensure that the landlord is aware of the law. If you think that you have been illegally evicted you should also seek independent legal advice.

If you are a council or Registered Provider, the law is different in some respects. Your landlord will only seek possession of your home if there are serious rent arrears or severe antisocial behaviour. Just like a private landlord, they will always need to apply for a court order to evict you from your home. If a Registered Provider has served you with a notice to quit or a notice of seeking possession, you should also contact us for further information.

Bad Conditions and Unsafe Housing

If your private rented property is in a bad state of repair or you think it's unsafe, contact your landlord or your lettings agency to let them know what the problem is. Keep copies of your letters or email, and any replies from the landlord or the agency.

If your landlord does not reply to your concerns, or does not carry out the works that are needed, you can contact us for further advice and information, using the details at the right of this page.

You should not withhold rent until your landlord carries out repairs. You do not have an automatic right to do this. In some circumstances, it is possible to carry out repairs yourself and recover this from the rent. If you are carrying out the repairs, you must let your landlord know beforehand, and keep receipts for all work carried out. We recommend that you do not take this step until you have had independent advice on the rights given by your tenancy agreement, for example, from a Citizens’ Advice Bureau.

Harassment and Quiet Enjoyment

If your landlord is harassing you or making you feel uncomfortable in your home, you should seek help. When you rent a property, you are entitled to “quiet enjoyment” of it. If your landlord wants to visit and inspect the property, or carry out any repairs, they must normally give you at least 24 hours notice and, if this is not convenient, let you reschedule the visit for another time. There are some exceptions to this, such as for very urgent repairs which could cause injury or damage if the work is not done quickly.

You can find out more about your rights in this area on the Shelter website.

Adapting Your Home

If you have health problems or a disability, then we may be able to help you with property adaptations, including stairlifts, bathroom adaptations or hand rails etc. This help is available to tenants in private rented and social housing.

Housing Advice