Housing rights

Right to rent

Understand the local tenancy laws and regulations to ensure you're aware of your legal entitlements and protections as a tenant.

My landlord says I have to show them my passport or birth certificate, should I?

For new tenancies starting on or after 1 February 2016, private landlords, agents, or householders who are letting private rented accommodation or taking in a lodger/subletting, must check their tenant's immigration status before they can offer them a tenancy agreement. This is called the 'right to rent'. This means checking that tenants or lodgers have the right to be in the UK. This also applies to council and housing associations. If you already live in a property before this date then your landlord or letting agent will have to check your right to rent before you move into the property.

Landlords must check the status every year and take a copy of the tenant's documents. If you find your accommodation before you arrive in the UK, your landlord or letting agent will have to check your right to rent before you move into the property.

The right to rent checks should not be carried out more than 28 days before the tenancy is signed.

You have the right to rent if you are one of the following:

• You are a UK citizen
• You are an EEA/Swiss national
• You have the right to be in the UK under EEA law
• You have valid immigration permission to be in the UK
• You do not have valid immigration permission to be in the UK but you have been granted 'permission to rent' by the UK government

Who is exempt from the checks?

You are exempt if:

• You live in an exempt property. This includes student halls of residence; accommodation owned and managed by a higher or further education institution, or a body established for charitable purposes only; and accommodation that you've been nominated to occupy by such an institution or charitable body.
• You are under 18 when you enter into the tenancy agreement; you will remain exempt until the landlord's next set of checks are due, even if you turn 18 during this time.
• You are not using the property as your main or only home in the UK.
• The landlord is immediate family, such as a parent.
• You are a guest in the property, you do not pay rent to stay there, and it is not your only or main home in the UK.
• The property is holiday accommodation and you will be staying there for only a short period of time.

What documents do I need to provide to have the right to rent?

Your landlord or lettings/property agent will need to see original evidence of your right to be in the UK. The following will be sufficient:

• British citizens - Passport (current or expired), or a certificate of registration or naturalisation as a British citizen.
• EEA/Swiss nationals - Passport or national identity card.
• Family members of EEA/Swiss nationals - EEA family permit or residence card.
• People with immigration permission to be in the UK - Current passport containing a valid visa, or a valid Biometric Residence Permit (BRP). If these documents are with the Home Office as part of an ongoing immigration application (or you have a pending appeal or administrative review) then you should give your landlord your Home Office reference number so they can verify this with the Home Office.

If your landlord does not check your immigration status they could be fined up to £3,000.

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Disrepair and poor housing conditions

Tenants have rights in situations where your rented property is not adequately maintained, leading to issues such as structural problems, safety hazards, or essential amenities not functioning properly.

My landlord won't do the repairs, what can I do?

Your basic legal rights may not be written into your tenancy agreement, but tenants have basic rights set in law.

Tenants are typically responsible for some basic repairs, such as changing lightbulbs.

Under the 1985 Landlord and Tenant Act, the law states that landlords are responsible for:

• The structure and exterior of the property, heating and hot water systems, basins, sinks, and other sanitary installations.
• Gas and electrical appliances.
• Fire safety of furniture and furnishings provided.
• Repairing and keeping in good working order the water heating system.

However, the landlord only legally becomes responsible once they have been notified of the repairs in writing (via post or email).

The law states that, once notified, you have to allow a 'reasonable' amount of time for the landlord to carry out the repairs. The law does not set out what is reasonable, and this is determined on a case by case basis.

Timescales for the repairs

Emergency repairs such as broken boilers, a leaking roof or ceiling, or broken toilets should be carried out within one to two days.

For non-urgent repairs, such as a broken cupboard door, we suggest 28 days to be a 'reasonable' amount of time.

If the landlord ignores your requests or refuses to carry out repairs, there are a number of things you can do:

• Try to collect evidence of the disrepair
• Take photos of the disrepair/items damaged by the disrepair
• Gather receipts for the damaged items where possible
• If appropriate, contact your local council to request an inspection of the property

Keep copies of any emails, letters, or others record of any conversations that you have with your landlord/agent.

If your health has been affected by the disrepair, request copies of GP notes.

If you're having problems trying to resolve the issue, please contact us at SU Advice.

Do not stop paying your rent without speaking to us, or another advice agency, first.

For more detailed information, view our guide to repairs.