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.