Tenants guide

Contents

• Overview
• Fees and upfront costs 
• Help with your rent 
• Tenant responsibilities 
• Landlord responsibilities 
• Difficulties with your landlord
• Rent arrears 
• Housing standards
  
• Ending your tenancy 
• Eviction

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Fees and upfront costs

A landlord or agent can only ask you to make certain payments as part of your tenancy; they can no longer ask you to pay a fee to set up the tenancy.

The only payments they can ask you to make are:

• rent
• a refundable tenancy deposit, capped at 5 weeks’ rent (or 6 weeks rent if the annual rent is £50,000 or above)
• a refundable holding deposit to reserve a property, capped at 1 week’s rent
• payments to change the tenancy requested by you, capped at £50
• payments associated with early termination of the tenancy when requested by you
• payments for any utilities, council tax, TV licence and communication services that are provided as part of the tenancy; and
• a default fee for late payment of rent and replacement of a lost key

A request for payment for anything else is not lawful. If this happens, you should follow the steps outlined in the Government’s Tenant Fees Act 2019: Guidance for tenants.

Rent in advance

Many landlords and agents will ask you to pay a period of rent up-front (rent in advance). There is no limit to how many weeks / months they can ask for, but typically it will be 1 month.

The amount they ask for must equate to that period of rent – they can’t include any other fees to disguise them as part of the rent in advance.

If you are struggling to pay the rent in advance and you get help with housing costs through Housing Benefit or Universal Credit, you may qualify for Crisis and Resilience Fund housing payments.

Tenancy deposit

Landlords and agents will usually ask for a tenancy deposit. When you pay a deposit the landlord is required by law to protect it in one of the Government’s Tenancy Deposit Schemes. Details of the scheme should be detailed on your tenancy agreement.

The deposit must be protected within 30 days of the tenancy start date. The landlord will need to provide you with any information relating to your deposit and the scheme it is protected in.

For more information see tenancy deposit protection. 

Help with tenancy deposits

If you can’t afford to pay the tenancy deposit and you need to move urgently due to a risk of homelessness, you may be entitled to help from the council. The Housing Options Team on 0300 123 5017 will be able to give you advice, and if you qualify, they’ll support you to apply. 

If your landlord or agent is asking you to pay rent in advance as well as a tenancy deposit, please make sure when you speak to us that it’s clear how much is for rent and how much is for the deposit.

Guarantors

If you are on a low income or your ability to afford the rent leaves you with a small margin of flexibility in your income a landlord might require a guarantor. 

A guarantor is someone who does not live in your household and whom has sufficient income to cover the rent or any shortfall in the rent if you are not able to. 

This is a legal arrangement between the landlord and the person willing to guarantee your rent.