Rights of property guardians

You are probably a property guardian if both of these apply:

• you live in a building that is not being used, like a school or hospital

• you get cheaper rent than if you were privately renting

Your agreement

Most property guardians have licence agreements.

Renters with licence agreements do not have the same rights as other private renters.

Tenants have more rights and stronger protection from eviction.

Licence

You probably have a licence if any of these apply:

• other people can go into your room without asking you

• you do not have an agreement for a specific room

• the agent can move you from room to room

• you do not pay rent

Tenancy

You could have an assured tenancy if you:

• rent a specific room and have a lock on your door

• have lived in the same room for a long time

Repairs and safety

You can report health and safety concerns to your council.

This means problems like:

• unsafe electrics

• exposed asbestos

• flooding or problems with pipes

If you have a licence, check your agreement to see who should do other repairs.

If you have a tenancy, your landlord is responsible for most repairs.

This includes fixing:

• the roof

• electrical wiring

• gas pipes and boilers

• heating and hot water

• walls, stairs and bannisters

• external doors and windows

Find out about responsibilities for repairs in a tenancy.

Houses in multiple occupation (HMOs)

The property could be an HMO if both:

• you live with other people who are not part of your household

• facilities like bathrooms or kitchens are shared

This can mean your landlord has more health and safety responsibilities.

Eviction

Always check your rights if your landlord wants you to leave.

If you have a licence

You might have a fixed term agreement if you have a licence. For example, if you signed up to rent the property for 6 months or a year.

Your landlord should not ask you to leave before the end of a fixed term contract

They do not usually have to give you a notice telling you to leave when your fixed term ends. But they must get a court order to evict you if you do not leave.

If you have a rolling agreement with no fixed end date your landlord must usually give you at least 4 weeks' notice before they can ask the court for an order to evict you.

It could be illegal eviction if your landlord tries to evict you without doing these things.

Ask the council for help with illegal eviction.

If you have a tenancy

If you have an assured tenancy your landlord can only evict you with a section 8 notice. Tenants do not have fixed term agreements.

Your landlord must have a reason to evict you to use a section 8 notice. For example, if you have missed rent payments.

They must ask a court for an order to evict you if you do not leave when the notice ends.

Getting your deposit back

If you have an assured tenancy, your deposit must be protected in a scheme.

If you have a licence and your landlord keeps your deposit you can take action to get the money back.

Paying council tax

Your landlord might have to pay council tax if the property is an HMO.

Contact your local council if you are not sure who should pay.

Are property guardian companies regulated?

Some property guardian companies are members of the Property Guardian Providers Association (PGPA). They agree to meet safety standards.

You can check if the property guardian company is registered before you sign an agreement. Use info@propertyguardianproviders.com to email the PGPA.

If you have a complaint about a property guardian company, you can use the PGPA redress scheme for help to deal with the company.

More information

GOV.UK has more on property guardian rights.