Private housing: rights

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.

If you have any queries then make an appointment to see a Housing Advisory Officer.

Tenants and licensees

Are you a Tenant?

Not all occupiers have the same legal rights.

Generally, you probably 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.

Also see our information on harassment and illegal eviction.

If you are not a tenant

If you are not a tenant then you will generally be a ‘licensee’. Some licensees do not have 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
  • Your 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.

If you have any doubt as to whether you are a tenant or an excluded licensee please see a Housing Advisory Officer.

Assured and assured shorthold tenancies

Assured tenancies

If you have an assured tenancy:

  • 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 see a Housing Advisory Officer as soon as possible. Council officers can also represent you at any subsequent Court hearing.

Assured shorthold tenancies

This is the most common type of tenancy.

  • The minimum term of 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 has 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 in which you have some connection
  • You do not pay the rent

In these cases you will have very few rights. Please see a Housing Advisory officer.

Tenancies starting before 15 January 1989

You have much more legal protection if your tenancy started before 15 January 1989 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 that gives you fewer rights. However, your landlord still requires a Court Order to evict you.

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

Tenancies starting between 15 January 1989 and 27 February 1997

Tenancies starting between 15 January 1989 and 27 February 1997 are generally less secure than earlier ones. Landlords are also entitled to charge a ‘market rent’.

See information on the different types of tenancy that you might have - assured or assured shorthold - and exclusions.

Tenancies starting on or after 28 February 1997

For any new tenancy granted on or after 28 February 1997 there are important changes to the previous tenancy rules in force since 15 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.

If you are a tenant and receive notice from your landlord asking you to leave your home, or your landlord harasses or threatens you with eviction, please contact a Housing Advisory Officer as soon as possible. Also see our information on harassment and illegal eviction.

Contact details:

Telephone:
01722 434485

Fax:
01722 434530

email:
housingadvice@salisbury.gov.uk...

Postal address:
Housing Services
26 Endless Street
Salisbury
SP1 1DR