Landlord rights
The rights you have as a landlord will depend on what kind of landlord you are – things really differ between landlords who rent out properties, and landlords who live in a house with a lodger.
Landlords are required to sign an Assured Shorthold Tenancy Agreement with their tenants, which clearly sets out the rights and responsibilities both the landlord and tenant have. In contrast, lodger landlords usually don’t have an Assured Shorthold Tenancy (unless locks are installed on their lodger’s door – more on that later). For this type of landlord, AST agreements are usually replaced with a lodger agreement, that can be used as a basis for reference if any disagreements arise.
Remember: if you’re ever in any doubt about your legal position when renting out a property or room, you should seek advice from a solicitor.
Access to the property
Landlords letting out a property must give the tenant(s) sufficient notice before entering the property – usually 24 hours. This must be clearly stated in the tenancy agreement.
With lodger landlords, it’s a bit different. As you’re living in the property with your lodger, you’ll both have access to common areas (like the living room and kitchen). Lodgers shouldn’t put a lock on their bedroom door – if they do, the landlord is entitled to a copy of the key. As your lodger is living in *your* main place of residence, the balance of rights swings in your favour and you’re allowed to enter their room without restrictions.
If you agree to put a lock on your lodger’s bedroom door, the living arrangement becomes an AST – giving the lodger more rights under their tenancy agreement.
Tenancy deposits
If you’re renting a property out with an AST, you can take a maximum of five weeks’ rent from your tenant(s) as a deposit – this must be protected in a tenancy deposit scheme, and details of this shared with the tenant(s).
Lodger landlords aren’t required to take a deposit, but it’s advisable to do so to protect you from rent arrears and damage. Most landlords in this setup will take one month’s worth of rent. You’re not required to protect this in a tenancy deposit scheme either, but it’s a good idea to keep the money somewhere separate and safe.
Background checks
As of February 1st 2016, the law requires everyone renting out property in England to check whether their tenants are legally allowed to live in the UK.
This applies to landlords and also anyone renting out a room to a lodger. It's just for new tenancies – existing tenants and lodgers don't need to be checked.
The process must be carried out within 28 days of the start of a new tenancy, and involves making copies of your tenants’ documents that show they’re allowed to rent in England. Read our guide to learn more about the process.
As well as this, you can perform tenant checks through external providers – these will look at things like their income, credit score, previous addresses and more.
Evicting tenants
Landlords have the right to evict tenants for various reasons. You can serve either a Section 21 or Section 8 notice, or both, to evict tenants in an AST.
A Section 21 notice can be used to get a property back at the end of the fixed term (detailed in your tenancy agreement), while a Section 8 is used for tenants who have broken the terms of their tenancy. Find out more in our guide to terminating a tenancy.
If your tenants won’t leave after being given notice and still owe you rent, you can apply to court for a standard possession order.
If all else fails and your tenants still won’t leave, you can apply for a warrant for possession to deploy bailiffs to remove them from your property.