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Tenancy rights

Right Not to Be Charged Fees

From June 2019 landlords and agents are no longer able to charge tenancy fees in England. They are not allowed to ask you to pay for the following:

  • A guarantor form
  • Credit checks
  • Inventories
  • Cleaning services
  • Referencing
  • Professional cleaning
  • Having the property de-flead as a condition of allowing pets
  • Admin charges
  • Requirements to have specific insurance providers
  • Gardening services

Fees that CAN still be charged include:

  • Damage caused to the property by the tenant
  • If the tenant loses their keys
  • Late payment of rent
  • A change to the tenancy requested by the tenant (typically £50; higher charges need written evidence)

Right to Repairs

Both tenants and landlords have responsibilities for maintenance, usually detailed in the tenancy agreement.

Report all disrepair immediately via email to your landlord or letting agent for record-keeping. Follow up verbal conversations with emails for clarity in case of disputes.

Include dated photographs where possible to document issues.

If tenants cause damage, report it to the landlord or agent. You may fix it yourself or pay the cost of the landlord's repair.

Access must be provided for repairs, usually during normal working hours. Refusing access without a valid reason may breach your tenancy.

Right to Live in a Property That Is Fit for Habitation

Living in a student house doesn't mean tolerating disrepair. Landlords must maintain certain standards. If you encounter the following hazards, Healthy Homes (Liverpool City Council) may help:

  • Excess cold (below 16°C)
  • Damp and mould (black/brown markings)
  • Falling on stairs (loose carpeting)
  • Falling on level surfaces (uneven floors, loose wires)
  • Flames and hot surfaces (burns/scalds)

Right to Have Your Deposit Protected

Most landlords ask for a deposit (usually 1 month’s rent). Ensure it's clear whether it’s a deposit or advance rent in the agreement.

Deposits must be protected within 30 days by an authorised scheme. You should be given:

  • Deposit amount
  • Property address
  • Landlord and agent contact details
  • Scheme name and contact info
  • Prescribed leaflet (if required)
  • Terms and conditions
  • Repayment and dispute procedures
  • What happens if one party cannot be contacted
  • Details on when deposit can be retained

If not protected properly within 30 days, you may apply to county court. The court may award compensation (1–3x the deposit).

Is Your Property Licensed – If Not, You May Be Entitled to Claim Back Your Rent

In Liverpool, some private rental properties require a license to ensure the landlord is "fit and proper" and the home meets standards.

There are two types of license:

  • Mandatory HMO License – for properties with 5+ tenants forming 2+ households
  • Selective License – for most other properties (exceptions include university housing or lodgers)

If a required license is missing, the landlord can be prosecuted, and a Rent Repayment Order could entitle you to reclaim rent paid during the unlicensed period.

To check a property's license status in Liverpool, visit the Liverpool City Council website. For other areas, search your local authority’s site for “mandatory/selective licensing”.

If you suspect your property is unlicensed, contact landlord.licensing@liverpool.gov.uk.

Pest Control – Your Rights

Your property should be pest-free when your tenancy begins. Check walls and doors for entry points and inform your landlord of issues immediately.

Use provided waste bins and follow council guidelines for storage and disposal. Avoid leaving food out that may attract pests.

If pests are found, report it to the landlord promptly. They are responsible for addressing infestations.

Joint Tenancy – What Does It Mean?

If you and your housemates are all listed on one tenancy agreement with a landlord, then you will have a joint tenancy, with the following implications: 

  • Tenants are jointly and individually responsible for paying the rent and for any damage to the property 
  • if a tenant does not pay their share or leaves, then the other tenants may be required to pay the outstanding rent amount and the landlord has the option of pursuing any of the tenants for the arrears 
  • if a tenant wants to move out before the end of the contract, it is up to all tenants to find a replacement, or they can agree to continue with the tenancy but cover the extra rent 
  • if a replacement tenant is needed, all existing tenants must agree to the new tenant 
  • in a joint contract, landlords cannot evict one tenant without evicting all of the others 
  • if you have any problems paying your rent or continuing to live in a property, always talk to your landlord at the earliest opportunity 
  • If one tenant gives Notice to Quit to the landlord which expires at the end of the fixed term or after the fixed term has expired, then this may terminate the joint tenancy for all tenants. 
  • If you have a Guarantor then, depending on the content of any guarantee, they may be liable for losses causes by not only you, but also the other joint tenants. 

 

Bills Included – Is There a Cap, Is It Fair, and How Do I Monitor It?

If your bills are included in the rent payment, you may want to check your contract to see if there is a cap or limit on your fuel consumption. If your consumption goes over this cap, you will be required to pay the extra cost.  

It’s also best to get a copy of the bill, to check that the energy consumption is correct and based on actual meter readings and not estimated. If you have the cost of the bills included in your rent payment, the landlord will either keep the utility bills in their name and pay them on your behalf or request that the bills are put in the tenants’ names and the paper bills be passed to the landlord for payment. 

Either way, it’s important that you keep track of how much fuel you are using. We recommend you take meter readings on a monthly basis. You may want to supply this information to the energy supplier and landlord, to ensure that the bills are not estimated. Energy providers usually over-estimate usage, so you could end up paying more than what you should. It is also important to check with the landlord/agent before the start of a tenancy whether there is a cap on utility bill usage, even if bills are fully inclusive. 

 

Complaining to Your Landlord – Your Right to Be Treated Fairly

You are a customer of the landlord and as such you have a right to complain if you are not satisfied with the service you are receiving. However, you should do so with courtesy and engage with the landlord constructively. 

You should ensure that your complaint relates to an issue that has previously been reported. The complaint should be in writing and clearly set out why you believe they have failed in their responsibilities. If the landlord or agent has one, you should follow their complaints procedure. If your landlord or letting agent is registered with Liverpool Student Homes, then you can escalate the complaint through the LSH Standards. If the property is managed by a letting agent, you can escalate the complaint to the Redress Scheme. 

At all times during the complaint process a normal and reasonable landlord and tenant relationship should continue. 

 

Right to Be Safe and Secure in Your Home

The landlord must ensure all gas installations and appliances and electrical appliances supplied are in a safe condition. Smoke alarms should be fitted on each floor of the property and furniture should be compliant with fire safety legislation. 

Doors and windows should be capable of being secured adequately to prevent access from intruders. 

If the property is registered with Liverpool Student Homes it should benefit from a fire door leading from the kitchen, a fire blanket, window locks and restrictors and carbon monoxide detectors in the vicinity of gas appliances.  

Where your landlord provides additional safety and security features, please make sure you acquaint yourselves with them and use them properly. Lock your door even when you are in the property, do not wedge open fire doors, set the burglar alarm if you are all out. 

 

Getting Advice on Your Tenancy Rights

For help with your tenancy rights, you can go to Liverpool Student Homes (LSH), which is your University’s service for private student accommodation. The service is completely free for students and is owned and managed by the University of Liverpool, Liverpool John Moores University, Liverpool Hope University and LIPA.  

LSH offer: 

  • The largest choice of accredited student properties 
  • Free contract checking – get your tenancy agreement checked before your sign 
  • Free housing rights advice service - if you are having problems with your landlord, property disrepair, getting your deposit back and more. 

Contact:  

LSH, 5 Oxford Street, Liverpool L7 7HL (behind the Metropolitan Cathedral) 

Tel: 0151 794 3296 

Email: Lsh@liverpool.ac.uk 

Twitter: /LivStudentHomes 

Facebook: LiverpoolStudentHomes 

www.liverpoolstudenthomes.org 

 

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