Whether you’re renting your first home or have been a tenant for years, it’s important to understand your rights and responsibilities. Knowing what you’re entitled to – and what you’re expected to do – can help you avoid disputes, protect your tenancy and enjoy a positive relationship with your landlord.
While every tenancy agreement is different, certain rights and responsibilities apply to most tenants renting privately in England. Here’s a guide to some of the key things you can and can’t do while renting a property.
What can I do as a tenant?
As a tenant, you have important legal rights that your landlord must respect. Understanding these rights will help you feel more confident throughout your tenancy.
1. Enjoy your home without unnecessary interference
Your rented property is your home, and you have the right to what’s known as ‘quiet enjoyment’. This means your landlord cannot enter the property whenever they wish.
Except in an emergency, your landlord should normally give you at least 24 hours’ notice before visiting the property and arrange a mutually convenient time for inspections, maintenance or repairs. Equally, it’s important to allow reasonable access when essential repairs or safety checks need to be carried out.
2. Have friends and family visit
You’re free to invite friends and family to your home, provided they respect your neighbours and don’t cause nuisance or anti-social behaviour.
If someone is planning to stay with you for an extended period or move into the property permanently, you should check your tenancy agreement and speak to your landlord or letting agent first, as additional occupiers may require permission.
3. Understand how rent increases work
Your landlord cannot increase your rent whenever they choose. Any rent increase must follow the correct legal process and comply with the terms of your tenancy agreement and current legislation.
If your landlord proposes a rent increase that you believe is unreasonable compared with similar properties in your local area, you may be able to challenge it through the appropriate tribunal. Before taking formal action, it’s often worth discussing the increase with your landlord or letting agent, as many issues can be resolved through open communication.
4. Request repairs
Landlords are responsible for keeping the property safe and in good repair. If something stops working through normal wear and tear, you should report it as soon as possible.
Your landlord is generally responsible for maintaining:
- The structure and exterior of the property
- Gutters and drains
- Sinks, toilets, baths and showers
- Heating and hot water systems
- Gas appliances and pipework
- Electrical wiring and installations
- Water supplies
Reporting problems promptly can prevent them from becoming more serious and costly to repair.
Tenants are usually responsible for everyday maintenance, such as replacing light bulbs, testing smoke and carbon monoxide alarms where appropriate, and changing batteries if required, unless your tenancy agreement states otherwise.
5. Seek help if you believe you’ve been treated unfairly
If your landlord isn’t carrying out essential repairs, you should first report the issue in writing and allow a reasonable opportunity for it to be resolved.
If the problem continues, you may be able to seek advice from your local council, Shelter or Citizens Advice.
Similarly, if you believe you’re being harassed or are facing an unlawful eviction, it’s important to seek independent advice as soon as possible.
What can’t I do as a tenant?
Alongside your legal rights, you’ll also have responsibilities. Many of these will be set out in your tenancy agreement, so it’s important to read it carefully before signing. If you’re unsure about any clause, seek independent legal advice.
1. Ignore your tenancy agreement
Your tenancy agreement explains the rules that apply to your tenancy, including your rent, payment dates, notice requirements and any conditions relating to the property.
It may also cover matters such as pets, parking, additional occupiers, smoking or maintaining the garden. Provided these terms are lawful and reasonable, you’re expected to comply with them throughout your tenancy.
2. Decorate or alter the property without permission
Although you may want to personalise your home, you should always obtain written permission before making any significant changes.
This includes:
- Painting or decorating walls
- Installing shelves
- Drilling into walls
- Replacing fixtures or fittings
- Carrying out DIY improvements
Many landlords are happy to agree to reasonable requests, provided permission is obtained beforehand.
3. Run a business without checking first
Working from home has become increasingly common and, in many cases, simply working remotely for your employer won’t cause any issues.
However, if you’re planning to operate a business from the property – particularly one that involves customers visiting, storing stock or making structural changes – you should obtain your landlord’s permission first and ensure you’re complying with any legal or insurance requirements.
4. Sub-let the property without permission
If you’re considering renting part or all of your home to someone else, you should always check your tenancy agreement first.
Sub-letting without permission could put you in breach of your tenancy agreement and may result in legal action by your landlord.
5. Damage the property
Tenants are expected to take reasonable care of the property throughout their tenancy.
If accidental damage occurs, it’s best to notify your landlord or letting agent promptly so repairs can be arranged before the problem worsens. You may be responsible for the cost of repairing damage beyond normal wear and tear.
6. Smoke if your tenancy agreement prohibits it
Many landlords include a no-smoking clause within their tenancy agreements, particularly where the property is furnished.
Even where smoking isn’t specifically prohibited, tenants may still be responsible for the cost of repairing damage caused by smoke, nicotine staining or unpleasant odours.
7. Leave the property empty for an extended period without telling your landlord
Some tenancy agreements require tenants to notify the landlord if the property will be unoccupied for an extended period, particularly where insurance conditions apply.
If you’re planning a lengthy holiday or expect to be away for several weeks, it’s sensible to let your landlord or letting agent know in advance.
8. Carry out illegal activity
Using a rented property for any illegal activity is likely to breach your tenancy agreement and could lead to eviction as well as criminal prosecution.
9. Change utility arrangements without checking your responsibilities
If you pay your own gas, electricity or broadband bills directly, you’re usually free to choose your preferred supplier.
However, if utilities are included within your rent, or your tenancy agreement places restrictions on changing suppliers, you should speak to your landlord or letting agent before making any changes.
10. Cause nuisance or anti-social behaviour
Being a good tenant means respecting your neighbours as well as your landlord’s property.
Excessive noise, persistent disturbance, poorly managed rubbish or anti-social behaviour can lead to complaints and may put your tenancy at risk.
Renting with confidence
Renting a property should be an enjoyable experience, and understanding your rights and responsibilities is one of the best ways to ensure everything runs smoothly. By following your tenancy agreement, reporting problems promptly and maintaining good communication with your landlord or letting agent, you can help create a positive tenancy for everyone involved.
If you’re looking for a property to rent in Wokingham, Crowthorne or the surrounding areas, browse our latest available homes or get in touch with the friendly lettings team at Michael Hardy. We’re always happy to offer advice and help you find your next home.