Tenant FAQs: Renting in Bury and Ramsbottom

Renting comes with its own set of questions, especially since the Renters' Rights Act. These answers cover fees, deposits and your rights as a tenant in England.

What fees can a letting agent charge tenants?

Under the Tenant Fees Act 2019, landlords and agents in England can only charge tenants for rent, a refundable tenancy deposit, a refundable holding deposit, and a few set payments. Those are changes to the tenancy you ask for, capped at £50 unless higher costs are shown, ending the tenancy early at your request, utilities, council tax and broadband if your agreement says so, late rent, and replacing lost keys. Charges for viewings, referencing, inventories or check-out are banned.

What is a holding deposit?

A holding deposit is a payment to reserve a property while the landlord or agent runs checks, and it can't be more than one week's rent. The deadline for agreeing the tenancy is normally 15 days after you pay it. If the tenancy goes ahead, the money goes towards your first rent or deposit. If the landlord pulls out, it must be returned within seven days. It can only be kept if you give false information, fail Right to Rent checks, or withdraw yourself.

How do I know my deposit is protected?

Your landlord or agent must protect your deposit in a government-approved scheme within 30 days of receiving it, and give you the scheme details in writing. In England the schemes are the Deposit Protection Service, MyDeposits and the Tenancy Deposit Scheme. You can check each scheme's website using your name, postcode and tenancy details. If the deposit isn't protected, ask the landlord to do it straight away. You may be able to claim compensation through the courts.

How soon should I get my deposit back?

Once you and your landlord have agreed how much you'll get back, the deposit must be returned within 10 days. Ask for it in writing when you move out, and send your forwarding details and bank account. If you disagree with any deductions, the deposit scheme's dispute service is free, as long as both sides agree to use it. The disputed amount stays protected until the dispute is decided, so the landlord can't simply keep it.

Can my landlord keep my deposit for wear and tear?

No. A landlord can't charge you for fair wear and tear, which means the natural decline from normal everyday use, such as faded paint, light scuffs or a worn carpet in a busy hallway. They can deduct for damage beyond that, cleaning if the home is left dirtier than at check-in, unpaid rent and missing items. The check-in inventory and photos are the key evidence, so read the inventory carefully when you move in and report anything that's wrong.

Do tenants pay council tax?

Yes, in most rented homes the tenant pays council tax, because it is charged to the people who live there. Tell the council when you move in and out, and they'll bill you for the exact dates. If you live alone you can claim a 25% single person discount, and full-time students are usually exempt. Some all-inclusive lets build council tax into the rent, and your tenancy agreement should say clearly if that is the case.

Can I decorate a rented house?

You can usually decorate a rented home, but only with the landlord's written permission, and most tenancy agreements say so. Ask in writing first, describe what you want to do, such as painting a room or putting up shelves, and keep the reply. Some landlords are happy for you to decorate if you use neutral colours or return the walls to the original colour when you leave. Without permission, the cost of putting it back can come out of your deposit.

What happens to my tenancy if the landlord sells?

If your landlord sells the house with you in it, your tenancy carries on with the new owner as your landlord, on the same terms. Your deposit must be transferred to the new landlord or returned. Under the Renters' Rights Act, a landlord who wants you to leave to sell with vacant possession must use a specific ground, can't use it in the first 12 months of the tenancy, and must give you four months' notice.

How can I challenge a rent increase?

If you think a rent increase is above the market rent, you can apply to the First-tier Tribunal to decide what it should be. Under the Renters' Rights Act, landlords can usually raise rent only once a year, with at least two months' notice, using a Section 13 notice. Apply to the tribunal before the new rent is due to start. The tribunal looks at rents for similar local homes and can't set a rent higher than the landlord asked for.

Do I need a guarantor to rent a house?

Not always. Landlords and agents usually ask for a guarantor when your income is below their affordability level, you're a student, or your credit or rental history is limited. A guarantor, often a parent, agrees to pay the rent or cover damage if you don't, so they'll be referenced too. Under the Renters' Rights Act, landlords can't ask for more than one month's rent in advance, so a guarantor is often the main option if affordability is tight.

Do I need contents insurance when renting?

It isn't a legal requirement, but it's worth having. Your landlord's insurance covers the building and anything they own, such as their furniture or appliances, not your belongings. Tenants' contents insurance protects your own things against theft, fire and water damage, and many policies include accidental damage to the landlord's fixtures, which can help at the end of the tenancy. Under the Tenant Fees Act, a landlord or agent can't require you to buy insurance from a particular provider.

What should I check on the inventory when I move in?

Check that the inventory matches the house room by room, including marks on walls, carpets, appliances, windows and the garden. Take your own dated photos and videos, note meter readings, and test the smoke and carbon monoxide alarms. If anything is missing or wrong, tell the landlord or agent in writing within the time the inventory gives, and keep a copy. This record is what both sides rely on if there's a deposit dispute when you leave.

Got a question we haven't answered?

Call us on 01706 310171, email sales@bowmanestatesltd.com or pop into the office at 88 Bolton Road West, Ramsbottom. If you're thinking of selling, you can book a free, no-obligation valuation.