For the past couple of weeks, students have been coming to us with questions about some of the unusual things their landlords and letting agents have been saying about the Renters’ Rights Act, which comes into force today (1st May).
We thought it might be helpful to debunk some of these claims and remind you that if you’re ever unsure, just ask us.
1) “Renters’ rights only apply to contracts started after 1st May”
Nope.
Many of the changes apply to existing tenancy agreements as well as new ones.
The Renters’ Rights Act applies to most private tenancies in England, although there are some exceptions, including social housing and most purpose-built student accommodation (such as private halls and university halls).
2) “If you hand in your notice, you’ll need to find a replacement tenant”
Nope.
If you are entitled to give notice, you do not usually need to find a replacement tenant.
You do need to be aware, though, that if you have a jointly and severally liable tenancy, one tenant ending the tenancy can affect the contract for everyone. This means your housemates may need to speak to the landlord about next steps.
3) “The Renters’ Rights Act doesn’t apply to HMOs”
Incorrect.
Students renting privately in shared houses, including many HMOs in Southampton, are generally covered.
As above, the main exceptions are social housing and most purpose-built student accommodation.
4) “We can evict you whenever we want if we’re re-letting to next year’s students”
Nope.
Landlords must follow the correct legal process and rely on a valid legal ground for possession where required.
They cannot simply require you to leave because it is more convenient for them to re-let the property.
If you receive notice and aren’t sure whether it is valid, speak to us.
5) “The Renters’ Rights Act means we don’t need to protect your deposit”
Absolutely not.
The rules around tenancy deposit protection have not changed.
If your landlord takes a deposit, it must still be protected in an approved tenancy deposit scheme where legally required.
6) “You need to pay 6 months’ rent in advance to secure the property”
Nope.
Landlords may still ask for a guarantor and a tenancy deposit, and some may request rent in advance in certain circumstances, but this should always be clearly explained.
If you’re struggling to find a guarantor, services such as Housing Hand may be able to help (please note this is not an endorsement).
7) “I paid a month rent upfront but have ended the contract before it started, my landlord says they don’t need to pay my advance rental payment back”
Not necessarily.
Whether your landlord can keep this payment depends on what the payment was for, when it was paid, and what was agreed at the time.
If the tenancy never started, landlords cannot automatically keep money simply because they say so. Different rules apply depending on whether the payment was a holding deposit, tenancy deposit, or rent paid in advance.
If this has happened to you, get advice before accepting that the money is non-refundable.
