Landlords and tenants rights and responsibilities

Renting from a private landlord

Good-quality private rented accommodation is available in Salford.

Is there a guide with help and advice for private renting?

Yes, the government produce a guide for people who are renting a home privately under an assured shorthold tenancy. The guide gives advice on ways to rent a property, things to check when looking for a new home, your landlords responsibilities, your responsibilities as a tenant and information on what to do if things go wrong.

Tenant rights

When you sign your tenancy agreement, you have rights as a tenant and your landlord is legally required to:

  • Provide all paperwork relating to your tenancy, for example, tenancy agreement, copy of how to rent guide, gas certificate, energy certificate, EICR and deposit paperwork.
  • Maintain the structure of the outside of the building. 
  • Evidence that smoke and carbon monoxide alarms are fitting and in working order at the start of the tenancy.
  • Deal with any problems with the water, electricity, and gas supply.
  • Maintain any appliances and furniture that the landlord has supplied.
  • Carry out most repairs – Landlord and tenant responsibilities for repairs - Shelter England. The council has a duty to take action if the landlord is not maintaining the property that is a threat to you and people living in the property.
  • Annual gas safety check.
  • Give you at least 24 hours’ notice of any visits to the property.

Tenant responsibilities

As a tenant you have responsibilities for the following actions:

  • Paying the rent on time.
  • Paying any other bills.
  • Look after the property – keep the property clean and tidy make sure no damage to the property.
  • Be considerate to your neighbours and not cause any noise or nuisance.
  • Not take in a lodger.
  • Make sure you understand how all the appliances work in your property.
  • Regular testing of your smoke alarms (at least once a month). It is your responsibility that the fire alarm is working. If not, report it to your landlord.
  • Report any repairs and allow access to the property for the repairs to be completed. (reporting repairs may be part of your tenancy agreement and if you do not report the repairs, your landlord may try to claim the costs back from your deposit).

Help and advice

If your property is rented from a social housing provider (housing association) you must first report your repairs to them directly. For a private landlord, you must report any repairs in the first instance to your landlord. If you are not satisfied with their response, you can make a complaint to the council when a landlord is failing to complete the repairs.

Make a complaint about a rented property

You can also contact the following agencies.

  • Citizens Advice: Citizens Advice is the main legal charity in the UK. You will generally find a Citizens Advice office in most cities, towns, and large villages.
  • Shelter: Shelter is a national housing charity. It offers a housing advice telephone helpline on 0808 800 4444 as well as face-to-face advice services. You can find out here if Shelter has an advice centre near you.
  • Law Centres Network: Not-for-profit Law Centres can work for you when taking legal action, at no charge. You may be eligible for legal aid if you need it.
  • Solicitors: Although solicitors are businesses that need to charge for their services, they do offer some free services. Many firms will offer an initial interview either free of charge or for a fixed fee.
  • Money Advice Service: This provides free and impartial advice to help you manage your finances better.
  • Your insurance company: Insurance policies often come with free legal help as part of the package.
  • Which?: Run by the Consumers’ Association, Which? champions the interests of consumers across many areas of our lives.

Landlords

It is your responsibility to ensure that the property is safe and fit for human habitation. If a property is unsafe or unfit you could be committing a civil or criminal offence and may be subject to enforcement action by your local authority.

Before the tenancy agreement is signed, as the landlord you are legally required to:

  • Right to Rent check.
  • If you take a deposit, you must protect it.
  • Provide the necessary documents (How to rent guide, energy performance certificate gas safety certificate and EICR). You cannot evict a tenant with a Section 21 notice if you have not provided them with these documents.
  • Right to Rent – conduct the (Right to Rent immigration check)
  • Make sure the property is free from serious health and safety hazards.
  • Other health and safety obligations. More information is available in the How to rent guide and specific guidance on Smoke and Carbon Monoxide Alarm Regulations
  • Obtain a licence (if applicable). More information is available as a landlord in the governments guidance on private renting.

Harassment and illegal eviction

What is landlord harassment?

It is illegal for your landlord to harass you or force you to leave your home. A landlord or agent who does so may be liable for prosecution, which could result in a prison sentence or a fine, along with civil damages.

Harassment can be any action your landlord or agent takes to deliberately disrupt your life or make you leave your property. Examples of this can include:

  • Threats, abuse or physical violence
  • Entering your home without permission or sending builders in without notice or at anti-social hours
  • Withholding or restricting services such as access to hot water or heating
  • Preventing access or withholding keys
  • Anti-social behaviour from the landlord’s Agent
  • Failure to carry out repairs, or non-completion of repairs
  • Forcing the occupier(s) to sign agreements which take away their legal rights
  • Opening your post or removing your belongings
  • Abusing you because of your gender, race, sexuality, religion, or disability.

What is illegal eviction?

Any action which stops a tenant accessing all or part of the property, without first following the correct legal steps, is an unlawful eviction. Examples of this can include:

  • Changing the locks
  • Forcing you to leave by threatening or harassing you
  • Using physical violence to remove you from the property
  • Stopping you from accessing certain parts of the property
  • Forcing you to leave your home because the harassment is so bad (see above).

What can you do?

  • Keep records of all dealings and disputes with your landlord or agent. Tell them to put all communications with you in writing and do the same yourself. Keep copies.
  • Get further advice from Shelter or Citizen’s Advice.
  • Contact a legal professional to apply for a civil injunction (a court order to tell your landlord to stop his actions) and/or compensation. Depending on your income, you may qualify for legal aid
  • Report the landlord to Salford City Council - see below
  • Report your landlord to the police if they make you feel unsafe in your home, threatens you with violence or is violent

What can we do?

If you have reported the harassment and/or illegal eviction to us using our online form, there are a number of ways we can assist you:

What we can do

  • Offer general advice and help to the tenant about evictions and harassment
  • Speak to the landlord on the tenant’s behalf to try and resolve the issue amicably
  • Liaise, with the tenant’s permission, with external agencies to help resolve the issue
  • If evidence is robust and irrefutable, and it is in the public interest to do so, we may prosecute the landlord. If we prosecute, as the tenant, you will be required to provide substantial evidence and will usually have to give testimony in court.
  • If you have been left homeless by an illegal eviction, we may have a statutory duty to temporarily provide housing for you - see homelessness.

What we cannot do

  • Give the tenant personal legal advice or representation
  • Prosecute a landlord without substantial and sufficient evidence
  • Arrest or detain a landlord

How do I report harassment or an illegal eviction?

To report harassment or an illegal eviction to Salford City Council, or to get some much needed advice about your eviction, you can:

Complete our online harassment and illegal eviction form

Help and advice

How do I know if a landlord is accredited?

You can contact the Landlord Accreditation team by emailing landlord.accreditation@salford.gov.uk.

Or, find out more about the landlord accreditation scheme.

What is a deposit?

A deposit gives your landlord some security against any financial loss they may suffer if you damage the property or don't pay your rent.

Your landlord must put your deposit in a government-approved tenancy deposit scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with:

If you do not rent your home on an assured shorthold tenancy, your landlord can accept valuable items (for example a car or watch) as a deposit instead of money. The items will not be protected by a scheme.

They make sure you’ll get your deposit back if you:

  • meet the terms of your tenancy agreement
  • do not damage the property
  • pay your rent and bills

Your landlord or letting agent must put your deposit in the scheme within 30 days of getting it.

What if I can't afford a deposit?

If you:

  • have found a private tenancy you would like to rent
  • are on a low income
  • are struggling to find a deposit

We can help!

Our rental bond scheme may be able to help you by giving a written guarantee to your landlord that would replace the normal cash deposit you would have to pay.

Am I eligible?

You may be eligible for the scheme if you:

  • are in need of housing
  • are over 18
  • are homeless or are going to become homeless
  • are on a low income or receive benefits
  • have a connection to Salford

For more information speak to your housing options advisor or contact the rental bond coordinator on housing.advicecentre@salford.gov.uk. Or visit the rental bond scheme pages.

More information and help is available at the Salford Housing Options Point.

What about property condition?

Landlords must ensure that the accommodation they provide is free from serious hazards, including damp and mould, and that homes are fit for habitation. They must treat cases of damp and mould with the utmost seriousness and act promptly to protect their tenants’ health. Get more information on housing standards and dealing with damp and mould.

What if my landlord is not doing repairs?

We aim to ensure that landlords who provide rented accommodation in the city supply a good quality service to their tenants. If your landlord is not doing repairs, you can make a complaint to us.

This page was last updated on 3 July 2024

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