Help with private renting

You have certain rights and responsibilities if you're a tenant in a privately rented property.

What are your rights?

As a tenant, you've the right to:

• live in a property that's safe and in a good state of repair
• have your deposit returned when the tenancy ends - and in some cases have it protected by Tenancy Deposit Protection (opens new window)
• challenge high charges
• know who your landlord is
• live in the property undisturbed
• see an Energy Performance Certificate (opens new window) for the property
• be protected from unfair eviction and unfair rent
• have a written agreement if you have a fixed-term tenancy of more than 3 years

If you have a tenancy agreement (opens new window), it should be fair and follow the law.

If you do not know who your landlord is, write to the person or company you pay rent to. Your landlord can be fined if they do not give you this information within 21 days.

What are your responsibilities?

You should give your landlord access to the property to inspect it or carry out repairs. Your landlord must give you at least 24 hours' notice. They must visit at a reasonable time of day, unless it's an emergency and they need immediate access.

You must also:

• take good care of the property, for example turn off the water at the mains if you're away in cold weather
• pay the agreed rent, even if repairs are needed or you're in dispute with your landlord
• pay other charges as agreed with the landlord, for example Council Tax or utility bills
• repair or pay for any damage caused by you, your family or friends
• only sublet a property (opens new window) if the tenancy agreement or your landlord allows it

Your landlord has the right to take legal action to evict you if you do not meet your responsibilities.

Many people choose to rent privately because of:

• high costs of buying a property
• limited supply of council housing

You can find private rentals by: 

• searching online 
• visiting local estate agents
• looking in local newspapers
• checking notice boards at local newsagents
• visiting Citizens Advice Guildford (opens new window)

Landlords must ensure your home:

• is kept in reasonable repair
• is in a safe condition
• complies with housing legislation

We may be able to help you if you live in a private rented or housing association property, and:

• it is in disrepair, and
• you are struggling with your landlord or letting agent to get the repairs done

Guide for tenants (opens new window)

How to get repairs in a rented home

You can check your rights by searching the Government's new toolkit. 

How to get repairs done to your rented home (opens new window)

Use this checker to find out:

• how to get something fixed by your landlord or letting agent
• what to do if your landlord or letting agent are not responding to your requests

You'll get ideas about what to do next and links to more information.

Making a complaint

Put your disrepair issues in writing to your landlord or letting agent. Allow a minimum of 14 days unless it's urgent.

If you don't receive a response, or the response is unsatisfactory, you can make a complaint to the council.

To complain report your property conditions online or contact us on 01483 505050.

Report property conditions

Private renting can be expensive in Guildford. If you are on a low income or benefits, you may be able to get Local Housing Allowance (LHA) to help you pay your rent.

The amount of help you get will depend on the number of bedrooms you need and the amount of income and capital you have. 

Find out more about Discretionary Housing Payment. 

Landlords can only take a deposit from a tenant if that deposit is protected by one of the following three schemes:  

• Deposit Protection Service
• MyDeposits
• Tenancy Deposit Scheme

What landlords need to do

Landlords have to choose one of the schemes if they are taking a deposit from you. They must provide you with information on this within 30 days of taking your deposit.

Tenancy Deposit Protection (opens new window)

If landlords fail to do this they may have difficulties if they want to end the tenancy. They would:

•  not be allowed to serve a Section 21 notice to end the tenancy
• not have an automatic right of possession if the tenant does not leave
• have to seek an eviction order from the court

If the property has five or more people who are not related, the landlord must get a licence from us. If your landlord does not have a licence you can report it. 

Report a suspected unlicensed HMO

You can also make an application for a Rent Repayment Order if your landlord has failed to comply with legal notices or they are renting a House in Multiple Occupation without a licence from the Council.

Apply for a Rent Repayment Order (opens new window)