Most private renters in England are given an Assured Shorthold Tenancy (AST) under the Housing Act 1988.

What an AST Means for You

You have a legally binding contract that protects both you and the landlord.

The tenancy can be fixed-term (e.g., 6–12 months) or periodic (rolling monthly/weekly).

You are entitled to stay for the fixed-term unless the landlord has legal grounds to end the tenancy.

What MUST be included in your AST agreement

• Property address and type
• Names of all tenants
• Tenancy start date and end date (for fixed-term)
• Monthly rent amount
• Payment due date
• Rent increases (if applicable)
• Deposit amount and scheme used
• How repairs and emergencies are handled
• Landlord and agent contact details
• Rules relating to pets, smoking, alterations, and subletting

When an AST cannot be used

You will NOT have an AST if you:

• Live with your landlord as a lodger
• Pay no rent
• Rent from a local council
• Are in student halls
• Have a business tenancy

2. Holding Deposits (To Reserve a Property)

A holding deposit shows you intend to rent the property. It is capped at 1 week’s rent by law.

When You Get Your Holding Deposit Refunded

• You pass referencing and proceed with the tenancy → It goes towards your first rent or deposit.
• You withdraw because the landlord changes terms → Full refund.
• The agent/landlord decides not to offer the tenancy → Full refund.

When the Agent/Landlord May Keep It (Legal Grounds Only)

• You provide misleading or false information (e.g., income, credit history).
• You fail Right to Rent checks.
• You decide not to proceed.
• You do not take reasonable steps to move forward (not responding, delayed documents).

Deadline for Agreement: The tenancy must be agreed within 15 days, unless both parties agree to extend.

3. Security Deposits (Legally Capped)

Your deposit is held as security for:

• Unpaid rent
• Damage beyond fair wear and tear
• Breach of tenancy terms

Deposit Caps

• Up to 5 weeks’ rent (annual rent below £50,000)
• Up to 6 weeks’ rent (annual rent £50,000+)

Deposit Protection Schemes (Government Approved)

Your deposit must be protected within 30 days in one of these schemes:

• DPS
• MyDeposits
• TDS (Tenancy Deposit Scheme)

You MUST receive:

• Deposit Protection Certificate
• Prescribed Information (legal requirement)
• Scheme terms and guidance

Failure to protect the deposit:

• Gives you the right to compensation (1–3 times the deposit amount).
• Prevents the landlord from serving a valid Section 21 notice.

4. Rent Payments

How Rent Must Be Paid

• Usually monthly in advance
• Paid by standing order or bank transfer
• Must always be paid on the date stated in the contract

What Happens if You’re Late

• After 14 days, landlords can charge interest at 3% above the Bank of England base rate
• Repeated late payments may affect references for future properties

Illegal Rent-Related Practices (Tenant Fees Act 2019)

Agents/landlords cannot charge:

• Admin fees
• Check-in fees
• Check-out fees
• Renewal fees
• Inspection fees
• Inventory fees
• Fees for drafting contracts

Only rent and legally permitted charges are allowed.

5. Your Legal Rights as a Tenant

a) Right to a Safe & Habitable Home

Under the Homes (Fitness for Human Habitation) Act, the landlord must ensure the property:

• Is structurally sound
• Has safe electrics, heating and plumbing
• Has no severe damp or mould
• Has adequate ventilation and lighting
• Has working smoke and carbon monoxide alarms
• Is free from hazards under the Housing Health and Safety Rating System (HHSRS)

b) Right to Quiet Enjoyment

You must be able to live in the property without:

• Harassment
• Unannounced visits
• Unreasonable intrusion

c) Protection from Eviction

A landlord cannot legally evict you without:

• Serving a valid notice (Section 8 or Section 21)
• Taking the case to court
• Obtaining a possession order
• Using a certified enforcement officer/bailiff

Illegal eviction is a criminal offence.

d) Privacy Rights

• Landlords must give 24 hours’ notice
• Visits must be at reasonable times
• Except in genuine emergencies (fire, gas leak, flooding, etc.)

6. Tenant Responsibilities

Tenants must:

• Pay rent on time
• Look after the property
• Keep it clean and ventilated
• Not cause damage
• Avoid blocking drains/toilets
• Replace lightbulbs, fuses, and batteries
• Report issues promptly
• Not sublet without permission
• Respect neighbours and avoid nuisance

Examples of Tenant Responsibilities

• Calling early when spotting damp, mould, leaks, broken locks
• Keeping the property heated during winter to prevent frozen pipes
• Maintaining gardens if the contract states so
• Using appliances safely and correctly

7. Repairs & Maintenance

Landlord Must Repair (By Law)

• Heating and hot water systems
• Boiler and radiators
• Electrical wiring and consumer unit
• Gas installation
• Roof, windows, walls
• Plumbing, taps, toilets, showers
• External drains and gutters
• Built-in appliances (if provided)

Tenant Must Handle

• Minor wear and tear repairs (e.g., batteries, bulbs, fridge filters)
• Cleaning grease traps, ovens (if required in AST), and extractor filters
• Keeping furniture clean and safe
• Preventing mould by opening windows and using extractor fans
• Avoiding tampering with gas/electric installations

Emergency Repairs Include:

• Gas leak (call National Gas Emergency Service: 0800 111 999)
• Major pipe burst
• Total power failure not caused by supplier
• Significant water intrusion
• Broken external doors/locks compromising security

8. Safety Certificates & Legal Documents

Before the tenancy starts, you must receive:

Gas Safety Certificate (CP12)

• Must be renewed annually
• Landlord must provide a copy before move-in

Electrical Installation Condition Report (EICR)

• Required every 5 years
• Must be “satisfactory”
• Any issues must be repaired within 28 days

Energy Performance Certificate (EPC)

• Property must be rated E or above
• You receive a copy at the start

How to Rent Guide

• Must be the latest government version
• Must be provided before the tenancy begins

Smoke & Carbon Monoxide Alarms

• Landlords must: Install smoke alarms on every storey
• Install CO alarms near gas/oil-fired appliances
• Test alarms on move-in day

9. Ending Your Tenancy

If You Want to Leave

You must give written notice

• Usually 1 month for periodic tenancies
• For fixed-term, you can only leave early if:

• There’s a break clause
• A mutual surrender is agreed

Check-Out Process

Final inspection compares the condition to the original inventory

Fair wear and tear must be respected

You may be charged for:

• Cleaning beyond reasonable standards
• Damage (not wear and tear)
• Missing/changed items
• Rent arrears

Deposit Return

• Must be returned within 10 days of agreement
• If disputed, the deposit scheme provides free adjudication
• Landlords must supply evidence for deductions

10. Permitted Fees (The Only Legal Ones)

Under the Tenant Fees Act 2019, landlords may charge:

• Rent
• Holding deposit (max 1 week’s rent)
• Security deposit (5 or 6 weeks)
• Replacement keys (reasonable cost)
• Late rent interest (after 14 days)
• Early termination costs (reasonable, not profit-making)
• Change of sharer (£50 cap unless higher cost justified)

Anything else is illegal.

11. Complaints, Redress & Support

Agents must belong to a government-approved redress scheme:

• The Property Ombudsman (TPO)
• Property Redress Scheme (PRS)

If issues remain unresolved, you can also approach:

• Local Authority Housing Team
• Citizens Advice
• Shelter
• Deposit dispute services

12. Helpful Government Sources

(All information below is UK-law based.)

• GOV.UK: Renting Guidance
• How to Rent Checklist
• Tenant Fees Act 2019
• Deposit Protection Law (Housing Act 2004)
• Homes (Fitness for Human Habitation) Act
• Gas Safety Regulations
• Electrical Safety Standards in Private Rented Sector 2020
• Housing Health & Safety Rating System (HHSRS)