Rights of property guardians
Property guardians live in buildings that are not being used.
They get cheaper rent because they make buildings more secure by living there.
Make sure you know your rights if you are a property guardian. Check any guardianship companies you use.
Tenancy rights
Many property guardians have licence agreements.
But you could have an assured shorthold tenancy even if your agreement says you have a licence.
Assured shorthold tenants have more rights than people with licences.
Licence
You probably have a licence if any of these apply to you:
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
Assured shorthold tenancy
You could have an assured shorthold 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 any 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 repairs.
If you have a tenancy, your landlord is always responsible for certain repairs.
This includes fixing:
electrical wiring
gas pipes and boilers
heating and hot water
walls, stairs and bannisters, the roof, external doors and windows
Houses in multiple occupation (HMOs)
The property could be an HMO.
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
Your notice depends on whether you have a fixed term agreement. For example, for 6 months or a year.
Your landlord does not usually have to give you a notice when your fixed term ends. But they must get a court order to evict you if you do not leave when your agreement ends.
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.
If you have a tenancy
If you have an AST your landlord must:
give you at least 2 months’ notice
get a court order to evict you if you do not leave when the notice period ends
Getting your deposit back
If you have an AST, your deposit must be protected in a government scheme.
If you have a licence and your landlord keeps your deposit, you can take action to get your deposit 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.
More information
GOV.UK has more on property guardian rights.
Last updated: 31 July 2024