What happens and who has to pay if things go wrong while you are renting a home from a private landlord.
If you can't or don't pay the rent
If you get into rent arrears, your landlord can take steps to evict you.
Your landlord could get a court order to make you pay. You could also have to pay court costs. You could lose your tenancy deposit too.
Find out if you can get help with rent from benefits or other payments
If you want to leave a fixed term contract early
A fixed contract means a fixed commitment. If you leave before the tenancy ends you still have to pay the rent.
You are usually asked to sign a contract that commits you for a minimum of six months or a year. Some contracts include a 'break clause'. This allows the option of giving notice to leave before the end of the fixed term.
You need your landlord's agreement to end a fixed term tenancy early if your contract doesn't have a break clause.
If you leave owing your landlord money
Your landlord could take you to court if you leave owing rent. They could apply to the court for a money judgment called a county court judgment (CCJ).
The court can order you to pay the money back. You may also have to pay court costs.
A CCJ affects your credit rating. It's harder to rent privately if you fail a credit check.
If your housemate leaves
You're all responsible for paying all of the rent if you sign a joint tenancy agreement with housemates.
If one person leaves early, the landlord has a legal right to pursue any one or all of the joint tenants for the whole rent payment. This includes the person who has left.
If the rent isn't paid, your landlord could get a court order to evict everyone left in the property.
It's best to talk about the situation if anyone wants to leave. You can try to negotiate a new agreement with the landlord if you want to stay. Your landlord would have to agree if you want a new tenant to take the place of someone who has left.
If you split up
You and your partner both have the right to live in the home if you both sign a joint tenancy, even if you break up. You can’t stop your partner living in the home, unless you get a court order.
A joint tenancy means you are both responsible for paying the rent. If one of you leaves, the landlord can ask either one or both of you for the money. Whoever is left behind risks being evicted if the rent isn't paid.
In some situations, either one of you can end a joint tenancy.
If your landlord asks your guarantor to pay
Your guarantor has to pay the rent if you don't. The guarantor agreement is legally binding.
Your guarantor should check carefully what the guarantor agreement covers. In shared houses, the agreement may cover rent arrears for any joint tenants as well as your own.
You may need a guarantor if you:
- are a student or young person renting for the first time
- have a bad credit rating
- can't prove that you can pay the rent
Your guarantor usually needs to be a UK resident and own a property.
If you break the conditions of your tenancy
Your landlord can apply to the courts to have you evicted if you break the terms of your tenancy agreement.
This could include if you damage the property or are responsible for antisocial behaviour.
You may have to pay court costs if this happens.
Last updated 28 Nov 2019 | © Shelter
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