Renting a home in England comes with legal protections for tenants, but they only help if you know what to look for. Whether you are renting through an agent or directly from a landlord, these are the things to check before you sign anything or hand over money.
Know what you will pay up front
Under the Tenant Fees Act 2019, landlords and agents in England can only charge certain payments. The main ones are rent, a refundable tenancy deposit, a refundable holding deposit and, in some cases, charges for changing the tenancy or for late rent.
The tenancy deposit is capped at five weeks’ rent where the annual rent is under £50,000. A holding deposit, paid to take a property off the market while checks are done, is capped at one week’s rent. Agents cannot charge you for viewings, referencing or setting up the tenancy.
On a flat at £1,300 a month, for example, the maximum deposit would be five weeks’ rent: £1,300 × 12 ÷ 52 × 5, which is £1,500.
Make sure your deposit is protected
If you rent on an assured shorthold tenancy, your landlord must put your deposit into a government-approved tenancy deposit scheme within 30 days of receiving it. They must also give you prescribed information explaining which scheme holds it and how to get it back.
Ask which scheme will be used before you pay. If you do not receive the information within 30 days, chase it in writing. Deposit protection means that if you disagree about deductions at the end of the tenancy, an independent service can decide.
Documents you should receive
Before or at the start of the tenancy, the landlord or agent should give you:
- A copy of the current How to Rent guide from GOV.UK.
- A valid Energy Performance Certificate. Most rented homes must have a rating of E or above.
- A current gas safety certificate if the property has gas appliances, renewed every year.
- An electrical installation condition report, which must be renewed at least every five years.
- Details of your deposit protection, as above.
Smoke alarms must be fitted on every storey used as living accommodation, and carbon monoxide alarms are required in rooms with a fixed combustion appliance such as a gas boiler or log burner.
Read the tenancy agreement properly
Check the start date, the length of the fixed term, the rent and the date it is due, and who is responsible for bills and council tax. Look for any break clause and how much notice it requires. If pets, guests, decorating or subletting matter to you, check what the agreement says about them.
Rules for private renting in England are changing as new legislation comes into force, including changes to how tenancies end and how rent increases work. Check GOV.UK for the current position before you sign, and ask the agent to explain anything you are unsure about.
Do an inventory at move-in
A good inventory, with dated photos, protects both you and the landlord. Walk through it on the day you move in, note anything that is marked, broken or missing, and send your comments back in writing within the time allowed. It is the single most useful document if there is a disagreement about your deposit when you leave.
Before you pay anything
Never transfer money for a property you have not viewed in person or by a live video call with the agent, and always pay into an account in the name of the letting agent or landlord. If something feels rushed, it is fine to slow down and ask more questions.
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