KNOW YOUR RIGHTS
As a first step, it is important to find out what type of tenancy you have - which you can do using this helpful tool from Shelter linked here. You can also read more about different types of tenancies here and here.
We are strongest when we come together, and the union is here to stand with all tenants regardless of what type of tenancy you have - including those without tenancy agreements, such as rough-sleepers and asylum seekers living in “initial accommodation” (often called section 98 housing) or “dispersal accommodation” (often called section 95 housing).
Article 8 of the Human Rights Act of 1998 enshrines the right to respect for your family and private life, your home and your correspondence - this means that whatever home you currently live in is protected.
Regardless of whether you rent from a private landlord, the council, a housing association, or are considered an “occupier” - either with or excluded from basic protection - you have the right to live in a home:
that is safe, kept to a good standard of repair and free from disturbances
If you rent from the council or a housing association, you have the right for your housing to meet your health and disability needs, be of adequate size for all who live in it, and be in a suitable location.
If you rent privately, you have a right to have your deposit returned when you move out.
Facing eviction?
Eviction notice periods can vary - check how much notice you have (or should have) legally received using this helpful tool from Shelter here. If your landlord has not given you the legal notice period for your tenancy and eviction type, then the notice will be invalid.
Private tenants, council tenants, housing association tenants and occupiers with basic protection do not need to move out on the day the eviction notice expires, as the landlord must first go to court to move ahead with the eviction.
If you leave your home before your eviction date, you might be considered “intentionally homeless” which will make it more difficult to get help from the council.
-
Section 21 notice (most private landlords use this type of eviction notice, the Renters Reform Bill, although now delayed, proposed stopping this form of eviction)
Landlord has to give you written notice, must be at least two months
Landlord does not need to give a reason for the eviction
Check if your section 21 notice is valid here
Section 8 notice (only valid for assured and assured shorthold tenancies)
-
Initially, the council or housing association will issue you an eviction notice they call a “notice seeking permission” .
The council or housing association must start court action to further the eviction within a year or the eviction notice will no longer be valid.
When does the year count-down start?
Housing association assured tenancy: the year starts from when you receive the notice
Secure council tenancy: the year starts from the date of expiry on the notice (the date the court action can start)
A hearing will then be scheduled, usually at the county court local to you - you will receive paperwork notifying you of the hearing.
Good idea to seek legal advice at this stage, and support from your local tenants’ union - we can help connect you with free legal support.
Find out more about what happens at these hearings here.
Court will either rule against the landlord and you can stay in your home, or issue either of these possession orders:
Suspended: can stay in home, pending conditions (pay back rental arrears etc)
Find out more about suspended possession orders here
Outright possession order
Bailiffs can come to remove you from your home - your landlord will need to give you at least two weeks notice of this happening
STU can stand with you, no matter what stage of this process you are in - it is never too late for community defence.
-
You are considered an “occupier with basic protections” if you:
live in student accommodation and pay rent to your university
live in the same building as your individual landlord but don’t share living quarters (“living quarters” does not include shared hallway, storage areas or stairways)
live in housing co-operative
are homeless and in temporary accommodation (so the council has accepted a duty to house and you are waiting for longer-term accommodation)
Find out more about who is considered an “occupier with basic protections” here.
If you are homeless and in temporary accommodation, find out more about your rights within this type of tenancy specifically here.
If you are an “occupier with basic protection”, your landlord will need a court order to evict you.
Find out more about the eviction process for occupiers with basic protections here.
-
You are considered an “excluded occupier” if you:
share accommodation with your landlord
are an asylum seeker in UKVI accommodation
live in a temporary holiday let
are part of a squat that has been granted temporary rights to occupy
live in accommodation rent free
are a licensee in a public sector hostel
have no right to rent and the Home Office has served you notice
are homeless and have been granted licence to occupy interim accommodation or accommodation under the duty to applicants found intentionally homeless
Excluded occupiers can be evicted without the landlord having to go to court, but the landlord still has to give you notice.
Find out more about excluded occupier evictions here.
Getting your deposit back
Most private renters will have assured shorthold tenancies. For these tenancies, within 30 days after they received your deposit, the landlord or letting agent must 1) protect your deposit in a scheme and 2) give you written information about the scheme.
Shelter has created a helpful guide to getting your deposit returned, even if it is not protected, which you can access here - it includes a useful template letter to request the return of your deposit, linked here.
Rent increase?
-
Your rent can increase if you agree to the increase (this includes if you express opposition but still pay the increased amount) or sign a new tenancy agreement.
There is no limit to how much a landlord can try to increase the rent by in an assured shorthold tenancy (most private tenants have this type of tenancy), although you don’t have to agree to the increase.
If you do not agree to a rent increase, your landlord can only increase rent if you have a rent review clause in your tenancy agreement, or through the section 13 process.
Using the section 13 process allows your landlord to increase your rent once per year, with a month notice .
Your landlord can’t use this process if you have a rent review clause already in your tenancy agreement, or if you are in the first year of your tenancy.
You have the power to negotiate to lower a rent increase, or in some cases fight the section 13 process through a tribunal .
You can access more information on rent increases for private renters here.
-
Council and housing association tenants usually face rent increases every April.
From April 2023, the government has capped these rent increases to 7% annually.
However, council and housing association tenants may have to pay a service charge in addition to rent for things such as maintenance of common areas, outside space upkeep, entry systems, building security, and insurance and management fees.
There is no annual cap to service charge fees.
Both council and housing association tenants should receive four weeks’ notice of a rent increase.
For more information on council and housing association rent increases, click here.
-
As an “occupier with basic protections”, your rent can increase during your contract if the rental agreement states that it can.
If your fixed term agreement has expired or you never had one, there are no specific rules your landlord has to follow to increase your rent - they can increase your rent at any time.
-
Your rights around rent increases are the same as for an occupier with basic protections, in that your rent can increase during your contract if the rental agreement states that it can.
If your fixed term agreement has expired or you never had one, there are no specific rules your landlord has to follow to increase your rent - they can increase your rent at any time.