Renting from a private landlord

You can find a home to rent from a private landlord by:

• looking for advertisements in local newspapers
• using a local letting agency – they will charge certain fees, but can’t charge you for registering with them or showing you a list of their properties
• searching online
• asking your local council – for example, they may have a list of private landlords who will accept Housing benefit.

If you can, you should always try to see a property in person to get a feel for the home and the area before you decide to live there. It’s a good idea to bring someone along when you visit properties, although the final decision should be yours.

The tenancy agreement is the contract between you and the landlord. Make sure you check it carefully. 

An agreement should usually include:

• Names and addresses of the tenant(s), landlord, and letting agent if you’re using one.
• How much the rent is, and when and how it should be paid.
• What type of tenancy you have. At the moment, most people will have an assured shorthold tenancy, usually starting with a contract for six or 12 months. Your right to stay in a property will depend on what type of tenancy you have.
• When the landlord can increase the rent.
• The date the tenancy will begin and the duration of the agreement.
• Notice periods for the tenant(s) and the landlord, and other rules on ending the tenancy.
• Information about bills the tenant responsible for, such as Council Tax.
• The tenant’s responsibilities.
• The responsibilities of the landlord.

There are also legal obligations that may not be set down in the written tenancy agreement. For example, your landlord must carry out certain repairs, and you must pay your rent on time. Shelter has more information about tenants’ and landlords’ responsibilities. You can also call our Helpline on 0800 319 6789 to speak with an adviser.

Moving can be expensive. You’ll probably have to pay a deposit to the landlord or letting agency before you can move in. This is usually equivalent to no more than six weeks’ rent.

If you have an assured shorthold tenancy that started after 6 April 2007, the landlord must place your deposit in a government-approved deposit scheme. If you live in England or Wales, you can find a list of these at gov.uk/tenancy-deposit-protection. If you live in Scotland, you can find a list of deposit schemes at mygov.scot/tenancy-deposits-landlords. The landlord should make it clear to you that they have done this. They have time limits to do this:

• in England and Wales, they should tell you within 30 days of receiving your deposit
• in Scotland, they should tell you within 30 days of the tenancy starting.

Your landlord should also tell you which scheme they have used. The schemes are designed to keep your money safe and make sure you get back what you’re entitled to at the end of the tenancy.

Make sure the landlord or letting agent creates an inventory when you move in, and that you agree with what it says. The inventory lists everything in the property and describes what condition it is in. You can also take photos of the condition of the property when you move in as evidence. Make sure you write down dates and descriptions of any faults, and give a copy of these to your landlord or letting agent. When you leave the property, the inventory will be checked and the landlord can make certain deductions from your deposit – for example, if the property has been damaged.

As well as the deposit, you will usually have to pay your first month’s rent in advance.

If you’re renting through a letting agency, you can no longer be charged for services such as references, credit checks, administration, or check-in and check-out inventory.

If you’ve been getting certain benefits, including Guarantee Pension Credit, for at least six months, you may be able to get an interest-free Budgeting Loan to help with the costs of moving. You can’t use a Budgeting Loan to pay a deposit. You have to pay back the loan, and repayments are taken automatically from your benefit payments. Gov.uk has more information on Budgeting Loans.

If you’re getting Housing benefit and you have some unexpected costs, you might be able to apply for a Discretionary Housing Payment (DHP). These payments can be for rent, and also certain other housing costs, such as a tenancy deposit, rent in advance or removal costs. Contact your local council to find out how to apply.

If you receive Guarantee Pension Credit or have a low income, you might be able to get help with your rent through Housing benefit. You may also be able to get help to pay your Council Tax through Council Tax Support. If you're waiting for more than two weeks for a decision about your Housing Benefit, your local council can make a one-off payment. 

Missed rent payments are known as arrears. If you’re struggling to pay your rent, you can get support to work out your options. For more information on debt, visit our debt section.

For more information, read our factsheet Housing Benefit.

If you’d agreed to rent your home for an initial fixed-term period, you have various options when this ends:

• Move out when the agreement comes to an end – check your contract to see what notice period it says you should give. You may be able to leave before the end of the tenancy agreement, without paying the rent up to the end of the agreed period, if your contract includes a break clause or if your landlord agrees.
• Sign a new fixed-term agreement if your landlord agrees.
• Stay in the property without signing a new agreement, in which case the tenancy will automatically become a rolling month-to-month (periodic) tenancy.
• Ask your landlord for a longer-term contract if you want to stay in the property for two or more years. Shelter has more advice on this.

If your landlord wants you to leave at the end of a fixed-term period, they’ll need to give you notice in writing.

When you move out, your landlord should contact you to explain any deductions they propose to make from your deposit. They can only make deductions for certain things, including:

• any rent you owe
• missing items listed in the inventory
• damage to the property
• cleaning the property, if you didn’t do this.

They can’t make deductions for normal wear and tear, such as worn carpets or small scuff marks on walls. Shelter has more information about what deductions your landlord can make.

If you and the landlord agree on the amount to be returned, your deposit should be refunded within 10 days if you’re an assured shorthold tenant. If you disagree about how much should be returned, your deposit will be protected by the deposit protection scheme until the matter is resolved.

Contact the deposit protection scheme your landlord used for advice on what to do if you can’t get your deposit back. You can also raise a dispute. You can find the deposit protection scheme at:

• gov.uk if you live in England or Wales
• mygov.scot if you live in Scotland.

If you think any deductions are unfair, you can challenge this through the scheme’s free dispute resolution service. There is usually a time limit for this, so make sure you act fast and check with your deposit provider. Your contract should specify which scheme your landlord used. If you need more information on the steps you should take to raise a dispute and get your deposit back, visit Shelter.

Your landlord must follow strict steps if they want you to leave your home. There is help and support available if you are facing eviction. 

If your landlord does not follow the rules, they may be guilty of illegally evicting or harassing you. You can complain about this – see below.

If you have a private assured shorthold tenancy, your landlord must usually give you notice that they want the property back. This is known as a valid notice.

Your landlord can evict you from your home without giving any reason. This is called a section 21 notice.  Your landlord must serve your notice using the correct form – Shelter has a guide to checking whether your section 21 notice is valid at england.shelter.org.uk. You can also call our Helpline on 0800 319 6789 to talk through this with an adviser.

You do not have to leave right away when you get a section 21 notice. You can keep living there until you agree to leave or you're evicted by court bailiffs. 

There are three stages to eviction:

• notice period
• your landlord gets a court order to get the property back     
• eviction by bailiffs.

It's likely to take at least six months from getting a section 21 to being evicted. This gives you some time to find somewhere else to live. If you are struggling to find somewhere else to live, you can make a homeless application as soon as you get a section 21 notice. You can do this through your local council – visit gov.uk. For more information, see our information about homelessness. 

If you are worried about losing your home in the next two months, you can call our Helpline on 0800 319 6789 to speak with an adviser.

You can make a complaint about your landlord or letting agency – for example, if they’re not carrying out repairs they’re responsible for. Your landlord may have a complaints procedure you can follow. Otherwise, write them a letter. If they don’t deal with your complaint or you’re afraid they may evict you, get advice – call our Helpline on 0800 319 6789 to arrange to speak with an adviser.

If a letting agent manages your home, you can also complain to them. If they don’t deal with your complaint, you can complain to the letting agent redress scheme. Shelter has more information about this. You could also call our Helpline to speak with an adviser.