Five FAQs about tenants' rights


Do tenants have any rights about the amount of rent that they pay?

Your landlord is generally free to set any level of rent they want; however tenants do have rights if they think that their rent is too high. It is possible to make a complaint about your rent to the Rent Assessment Committee. You should take legal advice about your particular circumstances before contacting the committee.

Can my landlord come into my home and evict me?

No. Under the Protection from Eviction Act 1977, if you landlord did enter your property without permission, this could be deemed harassment by the courts. In addition, you are protected from eviction unless your landlord has a court order. Consult a solicitor if your landlord is trying to evict you, or has continually entered your home without permission.

What are my rights if I fall behind with my rent?

The type of tenancy you have and the terms of your tenancy agreement regarding rent arrears will have an impact on what could happen if you fall behind with your rent. Contact your landlord initially to see if you can come to some sort of arrangement while you are having difficulties. If you cannot reach an agreement, you may want to talk to a property solicitor, as they can assess your agreement and outline the options you have.

Do I have the right for my full deposit to be returned to me at the end of my tenancy?

Most deposits are now held in what are called Deposit Protection Schemes. If you enter into a dispute with your landlord over the return of your deposit, mediation may be used. The independent mediator will help you and your landlord come to a mutually agreeable solution. It’s always a good idea to take legal advice to ensure you understand your rights.

How can a solicitor help me protect my rights as a tenant?

The tenancy agreement you sign with your landlord is a contract. As such, a solicitor should check that your interests are not compromised before you sign. A property solicitor can also be highly useful if you have a dispute with your landlord. Your solicitor can offer their expert advice and in some cases, negotiate to enable you to reach a settlement.

If you would like to obtain legal advice on tenants’ rights, Caven can put you in touch with a local property solicitor free of charge. So, if you have any questions or would like our help in finding local property solicitors, please call us on 08001 221 2299 or complete the web-form above.

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