Your rights as a tenant
Before the tenancy starts
Most tenancies are known as Assured Shorthold Tenancies or ASTs. They are agreed for minimum of 6 months and give you the exclusive right to live in the property. The Landlord has to give 24 hours notice of entry if he wishes to inspect the property. Whilst you have a fixed term tenancy you cannot be legally evicted unless you breach the terms of the tenancy.
When a fixed term tenancy ends it automatically becomes a periodic tenancy. Usually on a monthly basis. You can sign a new fixed term tenancy but may be charged a fee for doing this. Periodic tenancies can be ended at 2 month's notice.
When renting through an agent, check that they are part of a government approved redress scheme. Make sure you and the agent do a proper and thorough inventory (list) of the contents if renting a furnished property.
Don’t be rushed into signing a tenancy agreement until you have read it and are happy with it. A landlord is not obliged to give a written tenancy agreement but he must provide on request a copy of the terms and conditions under which you occupy the property.
Check who your landlord is, they could be sub-letting and may not have the permission of their landlord.
When you move in
Fire safety and carbon monoxide
Landlords or agents should check the smoke detector(s) the day you move in and make sure they are working. As a minimum there should be an alarm on every storey of the property.
From 1 October 2022 if there is a fixed combustion appliance in the property, the landlord must by law provide a carbon monoxide alarm if it is located in a habitable room such as a bedroom, kitchen or bathroom. A fixed combustion appliance includes gas boilers, fires and solid fuel burning appliances. It does not include gas hobs and cookers. These should however be checked as part of the annual gas check.
There is a legal duty for landlords to respond to complaints about faulty alarms and to replace where necessary.
The council has the power to take enforcement action and fine landlords that do comply with a penalty up to £5000.
How to rent
You landlord should give you a copy of the guide below either as a hard copy or, if you agree, via email as a PDF attachment.
Deposit protection
If you have provided a deposit, the landlord must protect it in a government approved scheme within 30 days and provide you with prescribed information about it. Make sure you get the official information from your landlord, and that you understand how to get your money back at the end of the tenancy. Keep this information safe as you will need it later.
Gas safety certificate
If there is gas in the property, you should be provided with a copy of the most recent gas safety certificate for any gas appliances such as a gas boiler, cooker or fire. It is a legal requirement for the landlord to undertake an annual gas safety inspection for which the tenant must provide access.
Electrical safety certificate
Your landlord must give you a report that shows the condition of the property’s electrical installations. This report is called an Electrical Installation Condition Report (EICR). Your landlord must take action to resolve any serious hazards identified. The government has produced guidance for tenants about the electrical safety standards.
We have the power to fine landlords up to £30,000 if they do not comply with their legal obligations.
If your landlord has failed to provide a satisfactory electrical condition report you can report this to the private sector housing team
Energy Performance Certificate
This will affect your energy bills and the landlord must provide one (except for Houses in Multiple Occupation). Properties let on tenancies entered into after 1 April 2018 must have an EPC rating of at least ‘E’ (unless a valid exemption applies).
Your landlord cannot evict you with a Section 21 notice (no fault eviction) if they have not provided you with the above documents.
Flat and house shares
Westminster council operates a licensing scheme for all properties shared by 3 or more unrelated people. House and flat shares provide a valuable, cost effective way of living in the heart of the capital. We are committed to ensuring these properties are safe and well managed, which is why we introduced a licensing scheme.
You can check whether a property holds a licence by searching the HMO register. If a property does not hold an appropriate licence, tenants may be able to claim back up to 12 months rent.
Tenancy relations advice
For tenancy related matters including illegal eviction contact the Housing Solutions Service.
Contact us
A good home is at the centre of people's lives and forms the bedrock of the thriving and vibrant communities and neighbourhoods of Westminster.
Unfortunately, a minority of properties are let by irresponsible landlords, placing tenants at risk or treating them unfairly. Concerns about rogue or irresponsible landlords can be reported online to the councils Private Sector Housing Team.
