Private renting

Your rights and responsibilities

You have certain rights and responsibilities if you’re a tenant in privately rented property.

Your rights

As a tenant, you have the right to:

live in a property that’s safe and in a good state of repair

have your deposit returned when the tenancy ends - and in some circumstances have it protected

challenge excessively high charges

know who your landlord is

live in the property undisturbed

see an Energy Performance Certificate for the property

be protected from unfair eviction and unfair rent

have a written agreement if you have a fixed-term tenancy of more than 3 years

If you have a tenancy agreement, it should be fair and comply with the law.

If you do not know who your landlord is, write to the person or company you pay rent to. Your landlord can be fined If they do not give you this information within 21 days.

When you start a new tenancy

When you start a new assured or short assured tenancy, your landlord must give you:

a copy of the How to rent guide if you live in England

a tenant information pack if you live in Scotland

Your responsibilities

You should give your landlord access to the property to inspect it or carry out repairs. Your landlord has to give you at least 24 hours’ notice and visit at a reasonable time of day, unless it’s an emergency and they need immediate access.

Coronavirus has not changed these rules, so you should work with your landlord to make sure that any visits are for an urgent reason (for example, you do not have hot water, heating or toilet facilities). Follow NHS guidelines if the visit must happen.

You can read the coronavirus and renting guidance for tenants and landlords.

You must also:

take good care of the property, for example turn off the water at the mains if you’re away in cold weather

pay the agreed rent, even if repairs are needed or you’re in dispute with your landlord

pay other charges as agreed with the landlord, for example Council Tax or utility bills

repair or pay for any damage caused by you, your family or friends

only sublet a property if the tenancy agreement or your landlord allows it

Coronavirus has not changed your responsibilities - continue to pay rent to the best of your ability and speak to your landlord if you cannot.

Your landlord has the right to take legal action to evict you if you do not meet your responsibilities.

If your landlord lives outside the UK

Contact HM Revenue and Customs (HMRC) if your landlord lives outside the UK and you pay £100 or more a week in rent directly to them.

You may have to deduct tax from your rent under HMRC’s ‘non-resident landlord scheme’.

Document checks

You must prove that you have a right to rent property in England if you’re:

starting a tenancy on or after 1 February 2016.

renting it as your main home.

Exemptions

You will not have to prove your right to rent if you live in:

student accommodation, for example halls of residence

accommodation provided by your employer as part of your job or training

social housing

accommodation provided by the council

hostels and refuges

a care home, hospital or hospice

accommodation with a lease of 7 or more years

Check the full list of exemptions from the right to rent property checks.

What your landlord must do

Your landlord (or letting agent) must:

check your documents to make sure you have the right to rent a property in England

check the documents of any other adults living in the property

make copies of your documents and keep them until you leave the property

return your original documents to you once they’ve finished the check

Because of coronavirus (COVID-19) there are temporary changes to the way your landlord can check documents. They might ask you to share your documents digitally and do the checks on a video call.

Read the list of acceptable documents.

Your landlord must not discriminate against you, for example because of your nationality.

If you cannot prove your right to rent

You will not be able to rent property if you cannot provide the acceptable documents.

If the Home Office has your documents

If the Home Office has your documents because of an outstanding case or appeal, ask your landlord to check with the Home Office.

Give your landlord your Home Office reference number to do the check.

If your circumstances mean you can still rent in the UK

In some circumstances, you can still rent even if you are not allowed to stay in the UK, for example if you’re:

a victim of slavery

using the Home Office’s voluntary departure scheme

Check with the Home Office team that’s dealing with your case.

Your landlord will have to check with the Home Office.

Repeat checks

You will not have a further check if you stay in the same property and one of the following applies:

you’re British

you’re an EU, EEA or Swiss citizen

you have no time limit on your right to stay in the UK

Your landlord will have to make a repeat check if there’s a time limit on your right to stay in the UK.

Your landlord will ask to see your documents again just before your permission to stay runs out, or after 12 months, whichever is longer.

Your landlord's safety responsibilities

Your landlord must keep the property you live in safe and free from health hazards.

Coronavirus has not changed these rules, so you should work with your landlord to make sure that any necessary checks happen safely. Follow NHS guidelines if a visit must happen in person.

Gas safety

Your landlord must:

make sure gas equipment they supply is safely installed and maintained by a Gas Safe registered engineer

have a registered engineer do an annual gas safety check on each appliance and flue

give you a copy of the gas safety check record before you move in, or within 28 days of the check

Electrical safety

Your landlord must make sure:

the electrical system is safe, for example sockets and light fittings

all appliances they supply are safe, for example cookers and kettles

Fire safety

Your landlord must:

follow safety regulations

provide a smoke alarm on each storey and a carbon monoxide alarm in any room with a solid fuel burning appliance (for example a coal fire or wood burning stove)

check you have access to escape routes at all times

make sure the furniture and furnishings they supply are fire safe

provide fire alarms and extinguishers if the property is a large house in multiple occupation (HMO)

Repairs

What your landlord must do

Your landlord is always responsible for repairs to:

the property’s structure and exterior

basins, sinks, baths and other sanitary fittings including pipes and drains

heating and hot water

gas appliances, pipes, flues and ventilation

electrical wiring

any damage they cause by attempting repairs

Your landlord is usually responsible for repairing common areas, for example staircases in blocks of flats. Check your tenancy agreement if you’re unsure.

Your responsibilities

You should only carry out repairs if the tenancy agreement says you can.

You cannot be forced to do repairs that are your landlord’s responsibility.

If you damage another tenant’s flat, for example if water leaks into another flat from an overflowing bath, you’re responsible for paying for the repairs. You’re also responsible for paying to put right any damage caused by your family and friends.

If your property needs repairs

Contact your landlord if you think repairs are needed. Do this straight away for faults that could damage health, for example faulty electrical wiring.

Your landlord should tell you when you can expect the repairs to be done. You should carry on paying rent while you’re waiting.

Coronavirus has not changed these rules, so you should work with your landlord to make sure that any urgent repairs happen safely. Follow NHS guidelines if the repair must happen.

If repairs are not done

Contact the environmental health department at your local council for help. They must take action if they think the problems could harm you or cause a nuisance to others.

Contact the Private Rented Housing Panel (PRHP) if you’re in Scotland.

If your house is not fit to live in

If you think your home’s unsafe, contact housing department at your local council. They’ll do a Housing Health and Safety Rating System (HHSRS) assessment and must take action if they think your home has serious health and safety hazards.

There are different:

housing standards and procedures in Scotland

housing standards and procedures in Northern Ireland

Rent increases

Your tenancy agreement should include how and when the rent will be reviewed.

There are special rules for increasing protected (sometimes known as ‘regulated’) tenancy rents.

When your landlord can increase rent

For a periodic tenancy (rolling on a week-by-week or month-by-month basis) your landlord cannot normally increase the rent more than once a year without your agreement.

For a fixed-term tenancy (running for a set period) your landlord can only increase the rent if you agree. If you do not agree, the rent can only be increased when the fixed term ends.

General rules around rent increases

For any tenancy:

your landlord must get your permission if they want to increase the rent by more than previously agreed

the rent increase must be fair and realistic, which means in line with average local rents

How your landlord must propose a rent increase

If the tenancy agreement lays down a procedure for increasing rent, your landlord must stick to this. Otherwise, your landlord can:

renew your tenancy agreement at the end of the fixed term, but with an increased rent

agree a rent increase with you and produce a written record of the agreement that you both sign

use a ‘Landlord’s notice proposing a new rent’ form, which increases the rent after the fixed term has ended

Your landlord must give you a minimum of one month’s notice (if you pay rent weekly or monthly). If you have a yearly tenancy, they must give you 6 months’ notice.

Rent disputes

You can apply to a tribunal to decide on certain rent disputes in England.

There are different ways to:

solve rent disputes in Scotland

solve rent disputes in Wales

solve rent disputes in Northern Ireland

Rent increase

You can only apply to the tribunal if:

you have an assured or assured shorthold tenancy

your rent’s been increased as part of a ‘section 13 procedure’ - the letter from your landlord will say if it has, and will tell you more about applying to the tribunal

You must apply before the new rent is due to start.

New rental terms

You can ask the tribunal to decide new rental terms when you renew your tenancy.

Rent set by rent officer

Contact the Valuation Office Agency if you have a regulated or protected tenancy.

If a rent officer has set your rent before, the only way to increase it is to have a rent officer set a new rent. If a rent officer has not set your rent before, they can set a rent limit. The landlord cannot charge more.

You can appeal against a rent officer’s decision. They may pass your case to a tribunal, which can make a final decision on the rent.

If you think your rent is high when you start a tenancy

You may be able to apply to the tribunal. Contact Citizens Advice for advice.

You must apply within 6 weeks of moving in.

Rent arrears

Your landlord can evict you if you fall behind with your rent - you could lose your home.

Coronavirus (COVID-19) has not changed this, but there are new rules that mean your landlord must give you at least 6 months’ notice if they plan to evict you, unless you owe at least 6 months’ rent. Read the coronavirus and renting guidance for tenants and landlords.

If you are unable to pay your rent due to coronavirus, speak to your landlord as soon as possible.

You can get advice if you’re in rent arrears or having difficulty paying your rent from:

Money Advice Service

Shelter

Citizens Advice

Deposits

You may have to pay a deposit before you move in. Contact your local council about possible rent or deposit guarantee schemes if you’re having difficulty paying the deposit.

Deposit protection

Your landlord must put your deposit in a government-approved tenancy deposit protection scheme if you have an assured shorthold tenancy (AST) that started after 6 April 2007 (in England and Wales).

Deposit disputes

Contact the tenancy deposit protection scheme your landlord used if you cannot get your deposit back.

Houses in multiple occupation

Your home is a house in multiple occupation (HMO) if both of the following apply:

at least 3 tenants live there, forming more than 1 household

you share toilet, bathroom or kitchen facilities with other tenants

Your home is a large HMO if both of the following apply:

at least 5 tenants live there, forming more than 1 household

A household is either a single person or members of the same family who live together. A family includes people who are:

married or living together - including people in same-sex relationships

relatives or half-relatives, for example grandparents, aunts, uncles, siblings

step-parents and step-children

Standards, obligations and how to complain

If you live in a large HMO, your landlord must meet certain standards and obligations. Find out more about HMOs from Shelter.

Contact your local council to report hazards in your HMO. The council is responsible for enforcing HMO standards and can make a landlord take action to correct any problems.

Reclaim rent

All large HMOs need a licence from the local council.

You may be able to apply to a tribunal to reclaim some of your rent if your landlord has been prosecuted by the council for running an unlicensed HMO.

HMOs and coronavirus (COVID-19)

If you live in an HMO, you and all the other residents should:

follow the general guidance about staying at home and social distancing

behave in the same way as a single household if one of you has symptoms of coronavirus (COVID-19)

make sure all shared areas are cleaned regularly and kept well ventilated

Anti-social behaviour

Report anti-social behaviour to your local council.

Your council can take over the management of a property to stop anti-social behaviour.

It can also create a ‘selective licensing scheme’ if people in several houses in an area are behaving anti-socially. All landlords of properties in that area must then have a licence to show they’re meeting minimum standards.

Changes to a regulated tenancy

There are special rules for changing rents and terms for regulated tenancies (usually starting before 15 January 1989).

When your landlord can increase rent

Your landlord can only increase the rent up to the registered rent, which is the legal maximum set by a rent officer from the Valuation Office Agency (VOA). This is sometimes called ‘fair rent’.

Check the register of rents to find out if the rent is registered and how much it is.

You or your landlord can ask the VOA to review the rent so that it remains fair, usually every 2 years. You can request it sooner if there’s a major change to the home (for example, repairs or improvements).

Fill in the fair rent review form and send it to the address on the form.

If your rent increases

Your landlord must serve you a notice of increase of rent in writing. It must include details of the changes, for example how much the rent will increase by and when it will start.

Your landlord can do this with an official notice of increase form, which they can get from legal stationers.

An increase in rent may be backdated to the date of the notice, but it cannot be backdated by more than 4 weeks or to earlier than the date it’s registered.

If you think a registered rent increase is too high

You can appeal against the VOA’s decision to increase a registered rent by writing to the rent officer within 28 days of receiving it. You can appeal later but only if you have a good reason for the delay, for example if you’ve been in hospital.

The registered rent may be reconsidered by a tribunal - it will make a final decision on the rent limit for the property.

Cancel a registered rent

Download and fill in an application form to cancel a registered rent and send it to the address on the form (for example, if the tenancy stops being regulated, or you and your landlord agree to cancel it).

It may take up to 6 weeks to cancel a registered rent.

Complaints

Follow these steps if you have a problem with your landlord:

Complain to your landlord - they should have a complaints policy that you can follow.

Make a complaint to a ‘designated person’ (your MP, a local councillor or a tenant panel) if you cannot resolve the problem with your landlord.

Contact your council or local authority if you and your landlord still cannot resolve the problem.


Private renting for tenants: tenancy agreements

Overview

A tenancy agreement is a contract between you and a landlord.

It lets you live in a property as long as you pay rent and follow the rules. It also sets out the legal terms and conditions of your tenancy. It can be written down or oral (a spoken agreement).

A tenancy can either be:

fixed-term (running for a set period of time)

periodic (running on a week-by-week or month-by-month basis)

Rights and responsibilities

Both you and your landlord have certain rights and responsibilities, whether or not you have a tenancy agreement.

Tenancy types

Assured shorthold tenancies (ASTs)

The most common form of tenancy is an AST. Most new tenancies are automatically this type.

A tenancy can be an AST if all of the following apply:

the property you rent is private

your tenancy started on or after 15 January 1989

the property is your main accommodation

your landlord does not live in the property

A tenancy cannot be an AST if:

it began or was agreed before 15 January 1989

the rent is more than £100,000 a year

the rent is less than £250 a year (less than £1,000 in London)

it’s a business tenancy or tenancy of licensed premises

the property is a holiday let

your landlord is a local council

Other tenancies

There are other tenancies that are not as common as ASTs, including:

Excluded tenancies or licences

You may have an excluded tenancy or licence if you lodge with your landlord and share rooms with them, like a kitchen or bathroom. You’ll usually have less protection from eviction with this type of agreement.

Assured tenancies

Tenancies starting between 15 January 1989 and 27 February 1997 may be assured. You’ll have increased protection from eviction with this type of agreement.

Regulated tenancies

Tenancies starting before 15 January 1989 may be regulated. You’ll have increased protection from eviction and can apply for a ‘fair rent’.

Shelter has information on the different types of private tenancies and a tenancy checker so you can check which tenancy you have.

What should be in a tenancy agreement

A tenancy agreement should include:

the names of all people involved

the rental price and how it’s paid

information on how and when the rent will be reviewed

the deposit amount and how it will be protected

details of when the deposit can be fully or partly withheld (for example to repair damage you’ve caused)

the property address

the start and end date of the tenancy

any tenant or landlord obligations

an outline of bills you’re responsible for

It can also include information on:

whether the tenancy can be ended early and how this can be done

who’s responsible for minor repairs (other than those that the landlord is legally responsible for)

whether the property can be let to someone else (sublet) or have lodgers

The terms of the tenancy must be fair and comply with the law.

Your tenancy agreement cannot have anything in it that may indirectly discriminate against you.

Get legal advice before signing an agreement if you’re unsure of any terms. Once you’re happy with it, sign the agreement and get a copy of it.

Citizens Advice has a guide on tenancy agreements.

Changes to tenancy agreements

Both you and your landlord must agree in order to change the terms of the tenancy agreement.

Preventing discrimination

You cannot be discriminated against or harassed by your landlord because of:

age

gender

sexual orientation

disability (or because of something connected with your disability)

religion or belief

race

being a transgender person

being pregnant or having a baby

How to end your tenancy

Tenancies

You can read the guidance on moving house during the coronavirus outbreak.

Your tenancy agreement should say how much notice you need to give your landlord before you leave the property.

You’re responsible for paying rent for your entire fixed-term tenancy. You can move out early without paying rent for the full tenancy if:

there is a break clause in your tenancy agreement

your landlord agrees to end the tenancy early

Shelter has information about ending a tenancy.

Licence agreements

If your licence automatically runs out after a specific date and you want to end the agreement, you should let your landlord know this before your licence runs out.

If your landlord wants to end your tenancy

If your landlord wants you to leave, they must give you notice in a particular way, including certain information and warnings. This depends on the type of tenancy agreement and its terms.

Some rules about length of notice have changed because of coronavirus (COVID-19).

Assured shorthold tenancies (ASTs)

Your landlord can take back their property without giving any reason if you have either:

a periodic tenancy

a fixed-term tenancy that has ended

To do this, both of the following must apply:

they’ve protected your deposit in a deposit protection scheme

the date you must leave is at least 6 months after your original tenancy began (the one you had on first moving in)

How much notice your landlord must give

They must give you written notice that they want the property back (‘notice to quit’). They must give you:

2 months if they gave you notice before 26 March 2020

3 months if they gave you notice between 26 March 2020 and 28 August 2020

6 months if they gave you notice on or after 29 August 2020

This change is because of coronavirus.

The notice must tell you the date you have to leave.

If your tenancy started or was renewed after 1 October 2015

Your landlord cannot evict you if they’ve been served notice by the council because of a complaint you made to the council about the living conditions in the property.

Your landlord must also have given you:

a copy of the leaflet ‘How to rent: the checklist for renting in England’

an energy performance certificate

a gas safety certificate

In England, they must use ‘form 6a’ to give you notice. This is also known as ‘Notice seeking possession of a property let on an Assured Shorthold Tenancy’. In Wales, they do not need to use form 6a but must give you notice in writing.

If you’re asked to leave during the fixed term

Your landlord can only ask you to leave during the fixed term if they have certain reasons (‘grounds’). For example, if:

you’re behind with your rent payments (‘in arrears’)

you’ve used the property for illegal purposes, like selling drugs

you’ve damaged the property

Usually, the notice period they must give varies up to 2 months.

If you were given notice between 26 March 2020 and 28 August 2020, your landlord must give you 3 months to leave the property.

If you’ve been given notice since 29 August 2020, your landlord must give you 6 months to leave. You might have to leave much sooner if you’re evicted using a section 8 notice, depending on the reason for eviction.

In Wales, the notice period must be:

at least 6 months for any notice given on or after 24 July 2020

at least 3 months for notices relating to antisocial behaviour

This is because of coronavirus.

Assured tenancies

Your landlord will need to use one of the reasons or ‘grounds’ for possession in the Housing Act 1988.

Excluded tenancies or licences

You’ll often have an excluded tenancy or licence if you live with your landlord as a lodger and share rooms with them.

Your landlord only needs to give ‘reasonable notice’ to quit. Usually this means the length of the rental payment period – so if you pay rent monthly, you’ll get one month’s notice.

The notice does not have to be in writing.

Non-excluded tenancy or licence

Your landlord can end the let at any time by serving a written ‘notice to quit’. The notice period will depend on the tenancy or agreement, but is often at least 4 weeks.

Break clauses

If there’s a break clause in the tenancy agreement, your landlord can give you notice after this. However, your landlord does not have a guaranteed right to possession during the first 6 months of the tenancy.

If you do not leave the property

Your landlord cannot remove you by force. If the notice period expires and you do not leave the property, your landlord may start the process of eviction through the courts.


Registering land or property with HM Land Registry

When you must register

This guide is also available in Welsh (Cymraeg).

You must register all land or property with HM Land Registry if you’ve:

bought it

been given it

inherited it

received it in exchange for other property or land

mortgaged the property

You do not usually need to register leasehold land or property if there are 7 years or less on the lease when you take ownership.

You must register your land with the Rural Land Register as well as HM Land Registry if you own agricultural land.

Your property might not be registered if you owned it before 1990 and have not mortgaged it since. Check if your property’s registered.

You must tell HM Land Registry if you transfer ownership of your registered property to someone else.

Once you’re registered

HM Land Registry publishes information online about most registered property, including:

the names of owners

the price paid for the property

a plan of the property’s boundaries

You cannot opt out of your property information being published.

If you live in Scotland or Northern Ireland

HM Land Registry only deals with land and property in England and Wales.

Scotland

Register your land or property with Registers of Scotland.

Northern Ireland

Register your land or property with Land and Property Services.

Register for the first time

Land or property must be registered for the first time if it’s unregistered when you take ownership of it or mortgage it.

Even if you do not have to register, registering voluntarily:

gives you proof of ownership

helps protect your land from fraud

makes it easier to change, sell or give your property away in the future

You can register property yourself or get a solicitor or conveyancer to do it for you.

Register land or property for the first time

Search the register to make sure your property is not already registered.

Apply for a search from the Land Charges Department to search against all previous owners since 1925. They will send you the results.

Fill in an application for first registration.

Prepare a scale plan showing where the land is outlined, if it’s not shown in the deeds.

Find the forms you need depending on your circumstances and fill out 2 copies of the list of documents form.

Find out the correct registration fee - this depends on the value of your property.

Send your documents, forms and fee to HM Land Registry.

If you bought the property

Include the same forms as for registering for the first time and a ‘transfer of whole of registered title’ form.

If you inherited the property

Include the same forms as for registering for the first time and include either:

a completed ‘whole of registered title assent’ form - the executor needs to fill this out if the property was in the name of a sole registered owner and it’s been left to you in a will

a completed ‘transfer of whole of registered title’ form - the surviving owner needs to fill this out if they jointly owned the property and you are inheriting a share

Contact HM Land Registry if you’re unsure which form you need.

Other documents you may need

You may also need to send:

a ‘proof of identity’ form if you are not a legal professional, such as a conveyancer

a ‘disclosable interests’ form if there are unregistered interests in the property not mentioned in the deeds (such as a short-term lease or a right of occupation) - read detailed guidance on unregistered rights from HM Land Registry

a Land Transaction Return certificate if you’ve paid Stamp Duty (for a property in England and Northern Ireland) or Land Transaction Tax (for properties sold in Wales or after 1 April 2018)

a certified copy of the lease, if you’re applying to register leasehold land or property

Transfer ownership of your property

You must tell HM Land Registry when you change the registered owner of your property, for example if you’re transferring it into another person’s name, or if you want to add your partner as a joint owner.

Download and fill in an application to change the register.

Fill in either a ‘transfer of whole of registered title’ form, if you’re transferring your whole property, or a ‘transfer of part of registered title’ form if you’re only transferring part of your property.

Fill in a certificate of identity for a private individual.

Find out the correct fee. Use the ‘Scale 2 fees’ if you’re transferring ownership of a property without selling it, for example as inheritance. Use the Land Registry fee calculator if you’re transferring part or all of a property as a sale.

Update or correct the register

You must tell HM Land Registry if anything in the register changes or it is incorrect.

Update or correct contact addresses

You can register up to 3 addresses (including email and non-UK addresses) with HM Land Registry for each property.

To change your contact details or those of other owners or agents send a request to update registered owners’ contact address. You do not have to pay anything to do this.

Change your name

You must send HM Land Registry an application to change the register when you change your name. You do not have to pay anything to do this.

How to apply depends on which documents you can send that prove your name has changed. You’ll get back any official certificates you send in after the register has been updated.

Use application form AP1 if you have any of the following documents:

an official or certified copy of a certificate showing the name change, such as a marriage or civil partnership certificate

a copy of a deed poll

a statement of truth

a statutory declaration sworn before someone able to take oaths

You must also send additional proof if you’re not sending a certificate or using a conveyancer (for example a solicitor). When you send from AP1, include both:

a filled-in confirmation of identity form in your new name

a copy of an official document in your former name, such as a passport, driving licence or utility bill

If you’ve changed your gender

Use application form CNG if you have any of the following documents:

a gender recognition certificate

a new birth certificate

a letter from a UK-based medical practitioner (such as a doctor) confirming you’ve changed gender

Send the completed form and one of the documents to the address on the form. You must send original documents, not copies.

If you’re sending a gender recognition certificate, write ‘Private and confidential’ on the envelope.

Returning to your original surname

To return to your original surname after a divorce or dissolution of a civil partnership send HM Land Registry:

application form AP1

a copy of your marriage or civil partnership certificate

HM Land Registry will let you know if they need more information.

Stop your previous name being seen on old documents

Your previous name will still appear on any documents that were filed with HM Land Registry before you changed your name. Previous names cannot be changed but you might be able to stop them from being copied or inspected by making an exempt document application.

It costs:

£12 per document for electronic applications - only businesses and organisations can apply electronically, for example conveyancers

£25 per document for paper applications

You will need to fill in form EX1 and form EX1A.

Mortgage completion

You must tell HM Land Registry if a mortgage on a registered property is paid off (‘discharged’).

Usually your mortgage lender will do this for you automatically but they may send you a completed ‘cancellation of charges’ form.

Once you have this, fill in an application to ‘cancel entries relating to a charge’ and a confirmation of identity form.

Send all forms to the Citizen Centre.

HM Land Registry will update your details and tell you that the register has been updated.

Other changes

Transfer ownership of your property if you’ve:

sold it

divorced or separated and want to remove an owner

married and want to add an owner

given the property away

Send your requests

Send completed forms to the HM Land Registry Citizen Centre.


Stamp Duty Land Tax

Overview

You must pay Stamp Duty Land Tax (SDLT) if you buy a property or land over a certain price in England and Northern Ireland.

The tax is different if the property or land is in:

Scotland - pay Land and Buildings Transaction Tax

Wales - pay Land Transaction Tax if the sale was completed on or after 1 April 2018

You pay the tax when you:

buy a freehold property

buy a new or existing leasehold

buy a property through a shared ownership scheme

are transferred land or property in exchange for payment, for example you take on a mortgage or buy a share in a house

Thresholds

The threshold is where SDLT starts to apply. If you buy a property for less than the threshold, there’s no SDLT to pay.

The current SDLT threshold for residential properties is £500,000. This changes on 1 July 2021.

The threshold for non-residential land and properties is £150,000.

Property purchases from 1 July 2021 to 30 September 2021

The SDLT thresholds will be:

£250,000 for residential properties

£150,000 for non-residential land and properties

The threshold for residential properties will change on 1 October 2021.

Property purchases from 1 October 2021

The SDLT thresholds will be:

£125,000 for residential properties

These thresholds are the same as they were before 8 July 2020.

First-time buyers

From 1 July 2021, you’ll get a discount (relief) that means you’ll pay less or no tax if both the following apply:

you, and anyone else you’re buying with, are first-time buyers

the purchase price is £500,000 or less

You’ll also be eligible for this discount if you bought your first home before 8 July 2020.

How much you pay

How much you pay depends on whether the land or property is residential or non-residential or mixed-use.

If you’re buying a residential property there are different rates of SDLT if:

you’re a first-time buyer

you already own a property and you’re buying an additional property

you’re not a UK resident

You can use HM Revenue and Customs’ (HMRC) Stamp Duty Land Tax calculator to work out how much tax you’ll pay.

You may be able to reduce the amount of tax you pay by claiming relief, such as if you’re a first-time buyer or purchasing more than one property (‘multiple dwellings’).

The value you pay SDLT on (the ‘consideration’)

The total value you pay SDLT on (sometimes called the ‘consideration’) is usually the price you pay for the property or land.

Sometimes it might include another type of payment like:

goods

works or services

release from a debt

transfer of a debt, including the value of any outstanding mortgage

Find out how to work out the consideration if your situation is complicated.

How and when to pay

You must send an SDLT return to HMRC and pay the tax within 14 days of completion.

If you have a solicitor, agent or conveyancer, they’ll usually file your return and pay the tax on your behalf on the day of completion and add the amount to their fees. They’ll also claim any relief you’re eligible for, such as if you’re a first-time buyer.

If they do not do this for you, you can file a return and pay the tax yourself.

There are certain situations where you do not need to send a return.

You may be charged penalties and interest if you do not file your return and make your payment within 14 days of completion.

Residential property rates

You usually pay Stamp Duty Land Tax (SDLT) on increasing portions of the property price when you buy residential property, for example a house or flat. SDLT only applies to properties over a certain value.

The amount you pay depends on:

when you bought the property

how much you paid for it

Use the SDLT calculator to work out how much tax you’ll pay.

You must send an SDLT return if you pay more than £40,000 for a property - even if there’s no SDLT due. There are some exemptions.

Rates from 8 July 2020 to 30 June 2021

You can also use this table to work out the SDLT for the purchase price of a lease (the ‘lease premium’).

Property or lease premium or transfer value | SDLT rate

Up to £500,000 | Zero

The next £425,000 (the portion from £500,001 to £925,000) | 5%

The next £575,000 (the portion from £925,001 to £1.5 million) | 10%

The remaining amount (the portion above £1.5 million) | 12%

Rates from 1 July 2021 to 30 September 2021

Up to £250,000 | Zero

The next £675,000 (the portion from £250,001 to £925,000) | 5%

Rates from 1 October 2021

These rates also apply if you bought a property before 8 July 2020.

Up to £125,000 | Zero

The next £125,000 (the portion from £125,001 to £250,000) | 2%

If you’re buying your first home

You can claim a discount (relief) if you buy your first home before 8 July 2020 or from 1 July 2021. This means you’ll pay:

no SDLT up to £300,000

5% SDLT on the portion from £300,001 to £500,000

You’re eligible if you and anyone else you’re buying with are first-time buyers.

If the price is over £500,000, you follow the rules for people who’ve bought a home before.

New leasehold sales and transfers

When you buy a new residential leasehold property you pay SDLT on the purchase price of the lease (the ‘lease premium’) using the rates above.

If the total rent over the life of the lease (known as the ‘net present value’) is more than the SDLT threshold), you’ll pay SDLT at 1% on the portion of net present value over:

£500,000 for purchases from 8 July 2020 to 30 June 2021

£250,000 for purchases from 1 July 2021 to 30 September 2021

£125,000 for purchases from 1 October 2021

This does not apply to existing (‘assigned’) leases.

You can work out how much SDLT you’ll pay for your new residential lease using HMRC’s:

SDLT calculator

guidance on leasehold purchases

Higher rates for additional properties

You’ll usually have to pay 3% on top of SDLT rates if buying a new residential property means you’ll own more than one.

Use the SDLT calculator to work out how much tax you’ll pay.

You may not have to pay the higher rates if you exchanged contracts before 26 November 2015.

If you’re replacing your main residence

You will not pay the extra 3% SDLT if the property you’re buying is replacing your main residence and that has already been sold.

If you have not sold your main residence on the day you complete your new purchase you’ll have to pay higher rates. This is because you own 2 properties.

You can apply for a refund if you sell your previous main home within 36 months.

There are special rules if you own property with someone else or already own a property outside England, Wales and Northern Ireland.

If it takes longer than 36 months to sell your previous main home

You may still be able to get a refund of the extra 3% SDLT if:

you purchased your new home on or after 1 January 2017

the delay was outside your control, for example because of coronavirus (COVID-19) or a public authority blocking the sale

you have now sold your old home

To claim a refund, write to HMRC and explain why the sale took longer than 36 months.

Include:

your details

details of the main buyer - if different to your own

details of the property where higher rate SDLT was paid - including the address, date of purchase and SDLT unique transaction reference number

details of the previous main residence - including the address, date of sale and SDLT unique transaction reference number

the amount of higher rate SDLT paid

the amount of tax you’re asking for a repayment of

a bank account and sort code for the person receiving the payment

Rates if you’re not a UK resident

If you’re not present in the UK for at least 183 days (6 months) during the 12 months before your purchase you are ‘not a UK resident’ for the purposes of SDLT.

You’ll usually pay a 2% surcharge if you’re buying a residential property in England or Northern Ireland on or after 1 April 2021.

You may not have to pay a surcharge on certain properties, transactions or if you’re a particular type of buyer. Check the rules on who has to pay the surcharge, when you do not have to pay, and if you can claim relief.

If you have to pay the surcharge, you’ll also have to pay any other rates of SDLT that apply, for example:

if you already own a property and you’re buying an additional property

if you’re a first-time buyer

Use the SDLT calculator to work out how much tax you’ll pay.

Special rates

There are different SDLT rules and rate calculations for:

corporate bodies

people buying 6 or more residential properties in one transaction

shared ownership properties

multiple purchases or transfers between the same buyer and seller (‘linked purchases’)

purchases that mean you own more than one property

companies and trusts buying residential property

Rates for non-residential and mixed land and property

You pay SDLT on increasing portions of the property price (or ‘consideration’) when you pay £150,000 or more for non-residential or mixed (also known as ‘mixed use’) land or property.

You must still send an SDLT return for most transactions under £150,000.

Non-residential property includes:

commercial property, for example shops or offices

property that isn’t suitable to be lived in

forests

agricultural land that’s part of a working farm or used for agricultural reasons

any other land or property that is not part of a dwelling’s garden or grounds

6 or more residential properties bought in a single transaction

You pay residential SDLT rates on agricultural land if it’s sold as part of the garden or grounds of a dwelling, for example a cottage with fields.

A ‘mixed’ property is one that has both residential and non-residential elements, for example a flat connected to a shop, doctor’s surgery or office.

Freehold sales and transfers

You can also use this table to work out the SDLT rate for a lease premium.

Property or lease premium or transfer value | SDLT rate

Up to £150,000 | Zero

The next £100,000 (the portion from £150,001 to £250,000) | 2%

The remaining amount (the portion above £250,000) | 5%

New leasehold sales and transfers

When you buy a new non-residential or mixed leasehold you pay SDLT on both the:

purchase price of the lease (the ‘lease premium’) using the rates above

value of the annual rent you pay (the ‘net present value’)

These are calculated separately then added together.

If you buy an existing (‘assigned’) lease, you only pay SDLT on the lease price (or ‘consideration’).

The net present value (NPV) is based on the total rent over the life of the lease. You do not pay SDLT on the rent if the NPV is less than £150,000.

Net present value of rent | SDLT rate

£0 to £150,000 | Zero

The portion from £150,001 to £5,000,000 | 1%

The portion above £5,000,000 | 2%

How much you’ll pay

You can work out how much SDLT you’ll pay for your non-residential lease using HM Revenue and Customs’ (HMRC):

SDLT calculator

guidance on buying leasehold properties

You may pay a higher rate of SDLT for multiple purchases or transfers from the same seller.

Using previous SDLT rates

You may qualify for previous SDLT rates if you exchanged contracts before 17 March 2016 but completed on or after that date.

If you qualify for the previous rates, you can choose to pay SDLT using the current or previous rates.

Use HMRC’s SDLT calculator to work out if you qualify and how much you’ll pay using both rates.

Enter the figure for the rate you choose in your SDLT return.

Land and property transfers

You may have to pay Stamp Duty Land Tax (SDLT) if the ownership of land or property is transferred to you in exchange for any payment or ‘consideration’.

The rules around SDLT depend on the specific circumstances surrounding the transfer.

HM Revenue and Customs (HMRC) has guidance on transfers:

as a result of marriage, civil partnerships or moving in together

on divorce, separation or the end of a civil partnership

of jointly owned property or land

if the larger share is given as a gift

given as a gift or left in a will

to or from a company

Shared ownership property

You may have to pay Stamp Duty Land Tax (SDLT) when you buy a property through a shared ownership scheme run by an approved public body.

This includes:

local housing authorities

housing associations

housing action trusts

the Northern Ireland Housing Executive

the Commission for the New Towns

development corporations

You can choose to either:

make a one-off payment based on the market value of the property (‘market value election’)

pay SDLT in stages

Market value election

Submit a return and pay SDLT at the residential rate. Use the total market value of the property to calculate how much to pay - even if you’re only buying a share.

You do not pay any more SDLT after this, even if you buy a bigger share in the property later on.

HM Revenue and Customs (HMRC) has guidance on SDLT if you do not have the right to the freehold.

Paying in stages

You make your first SDLT payment on the price you pay for the lease (the ‘lease premium’) if it’s above the SDLT threshold. If the lease premium is below the threshold, you do not pay SDLT at this point - but you still have to submit a return.

You may have to pay extra SDLT if the total rent over the life of the lease (known as the ‘net present value’) is more than the SDLT threshold.

Work this out on HMRC’s SDLT calculator. You pay SDLT of 1% on the amount over the threshold - add this to any SDLT you’re paying on the lease premium.

SDLT if you buy more shares

If you buy any more shares in the property, you do not have to pay any more SDLT or send a return to HMRC until you own more than an 80% share.

Once your share of the property goes over 80% you must send a return and pay SDLT on:

the transaction that took you over 80%

any transactions after that

Calculating your SDLT

To work out the SDLT if you buy more shares that take you over 80%:

Work out the SDLT due on the total you’ve paid for the property to date - include any amounts you did not pay tax on. Use the SDLT rate that applies at the time you bought the new share. For example, if your total purchases before 8 July 2020 were £160,000, the SDLT due would be £700.

Divide the amount you’re paying for this share by the total amount you’ve paid for the property to date. For example, if you’re paying £40,000 for this share, divide £40,000 by £160,000 = 0.25.

Multiply the two figures, for example SDLT of £700 multiplied by 0.25 = £175. This is the amount you would need to pay in SDLT for this share.

If you’ve paid less than £500,000 for your property between 8 July 2020 and 30 June 2021, or less than £250,000 between 1 July 2021 and 30 September 2021, the amount of SDLT you’d need to pay on any additional shares would be zero. This is because of the temporary SDLT rate.

Additional tax if payments are linked

You may have to pay extra SDLT on previous shares if they become ‘linked’ to later shares. Shares only become linked once you own over 80% of the property.

You can read more about paying SDLT when you buy more shares.

Reliefs and exemptions

You may be eligible for Stamp Duty Land Tax (SDLT) reliefs if you’re buying your first home and in certain other situations. These reliefs can reduce the amount of tax you pay.

You must complete an SDLT return to claim relief, even if no tax is due.

HM Revenue and Customs (HMRC) has guidance on SDLT reliefs for:

first-time buyers

multiple dwellings

building companies buying an individual’s home

employers buying an employee’s house

local authorities making compulsory purchases

property developers providing amenities to communities

companies transferring property to another company

charities

right to buy properties

registered social landlords

Crown employees

Exemptions

You do not have to pay SDLT or file a return if:

no money or other payment changes hands for a land or property transfer

property is left to you in a will

property is transferred because of divorce or dissolution of a civil partnership

you buy a freehold property for less than £40,000

you buy a new or assigned lease of 7 years or more, as long as the premium is less than £40,000 and the annual rent is less than £1,000

you buy a new or assigned lease of less than 7 years, as long as the amount you pay is less than the residential or non-residential SDLT threshold

you use alternative property financial arrangements, for example to comply with Sharia law

Read HMRC’s guidance on transactions that do not need a return.


Staying in your partner's property during a divorce or separation

Overview

You can register your ‘home rights’ with HM Land Registry - this can help stop your partner from selling your home.

Your rights are different if you own the property jointly with your spouse or civil partner.

You cannot apply for home rights if your spouse or civil partner owns the property with someone else - unless your spouse or civil partner would get all the money if the property was sold (also known as being the ‘sole beneficial owner’).

This guide is also available in Welsh (Cymraeg).

If you’re not married or in a civil partnership, Citizens Advice have guidance on what happens when you separate.

Before you apply for home rights

You’ll need to know if the property is registered in your partner’s name, and its title number if it is.

You can search the register to find this information.

How to apply

You must complete a different application process for home rights depending on whether:

the property is registered

the property is unregistered

How long you can stay in the property

You can usually only live in the property until the divorce, annulment or dissolution has been finalised and a court settlement agreed.

You may be able to continue living in the property for longer, for example during an ongoing dispute about who owns what, if a court has made a ‘continuation order’ allowing you to do this.

What else you can do

You may be able to take legal action against your partner if they try to:

make you move out

stop you moving back into a home you’re not currently living in, for example if you moved out temporarily

A solicitor can advise you about this.

Apply if the property is registered

Download and fill in the application for registration of a notice for home rights.

Send it to HM Land Registry’s Citizen Centre. There’s no fee.

You’ll get a letter from HM Land Registry telling you when they’ve registered your rights. Your spouse or civil partner will also get a letter telling them you’ve done this.

If you want to move to a different property

You can only protect your right to live in one property at a time.

You can ask HM Land Registry to transfer your home rights to another property owned by your spouse or civil partner if you’ve already got home rights for one property.

Follow the application process for unregistered properties if the property you’re moving into is not registered - you can search the register to find out if it’s registered.

Staying in the property after divorce or separation

You may be able to continue living in your home for longer, for example if a court has made a ‘continuation order’ allowing you to do so during an ongoing dispute about who owns what.

How you apply depends on whether you’ve already registered your home rights.

Download and fill in either an:

application for renewal of registration in respect of home rights - if you’ve registered your home rights

application for registration of a notice for home rights - if you have not registered your home rights

Send the form, along with an official copy of the court’s continuation order, to HM Land Registry’s Citizen Centre. There’s no fee.

You’ll get a letter from HM Land Registry telling you when they’ve registered your continued rights. Your ex-spouse or civil partner will also get a letter telling them you’ve done this.

Apply if the property is unregistered

Download and fill in the application for registration of a ‘Class F Land Charge’.

There’s a £1 fee - payment instructions are on the form.

Send the form and payment to the address on the form.

You can ask HM Land Registry to transfer your home rights to another property owned by your spouse or civil partner if you’ve already registered your right to live in one property.

Follow the application process for registered properties if the property you’re moving into is registered - you can search the register to find out if it’s registered.

Download and fill in either an:

application for the renewal of a registration of a ‘Class F Land Charge’ - if you have home rights

application for registration of a ‘Class F Land Charge’ - if you do not have home rights

You’ll get a letter from HM Land Registry when they’ve registered your continued rights.

Your ex-spouse or civil partner will also get a letter telling them you’ve made the application.


Tax when you sell property

What you pay it on

You may have to pay Capital Gains Tax if you make a profit (‘gain’) when you sell (or ‘dispose of’) property that’s not your home, for example:

buy-to-let properties

business premises

land

inherited property

There are different rules if you:

sell your home

live abroad

are a company registered abroad

You’ll need to work out your gain to find out whether you need to pay tax.

This guide is also available in Welsh (Cymraeg).

When you do not pay

You do not usually need to pay tax on gifts to your husband, wife, civil partner or a charity.

You may get tax relief if the property is a business asset.

If the property was occupied by a dependent relative you may not have to pay. Find out more in the guidance on Private Residence Relief.

If you need to pay

You must report and pay any Capital Gains Tax on most sales of UK property within 30 days.

Work out your gain

Your gain is usually the difference between what you paid for your property and the amount you got when you sold (or ‘disposed of’) it.

If your combined capital gains are over your allowance for the year you’ll have to report and pay Capital Gains Tax.

Market value

In some situations you should use the market value of the property when working out your gain. Do this if:

it was a gift (there are different rules if it was to your spouse, civil partner or a charity)

you sold it for less than it was worth to help the buyer

you inherited it (and do not know the Inheritance Tax value)

you owned it before April 1982

Selling in special circumstances

There are special rules for calculating your gain if:

you live abroad

you sell a lease or part of your land

your property is compulsorily purchased

Jointly owned property

If you own property jointly with other people, work out the gain for the share that you own.

Deduct costs

You can deduct costs of buying, selling or improving your property from your gain. These include:

estate agents’ and solicitors’ fees

costs of improvement works, for example for an extension (normal maintenance costs, such as decorating, do not count)

Reliefs

You may get tax relief if the property was:

your home

a business asset

occupied by a dependent relative - find out more in the guidance on Private Residence Relief

Work out if you need to pay

Once you know what your gain on the property is, you can calculate if you need to report and pay Capital Gains Tax.

You cannot use the calculator if you:

sold land

sold business premises

sold other chargeable assets in the tax year, for example shares

reduced your share of a property that you still jointly own

claim any reliefs other than Private Residence Relief or Letting Relief

are a company, agent, trustee or personal representative

Calculate Capital Gains Tax on property

If you have Capital Gains Tax to pay

Reporting a loss

The rules are different if you need to report a loss.

Businesses

You may get tax relief if you sell property that you use for business. This may reduce or delay the amount of Capital Gains Tax you pay.

If the purpose of your business is to buy and sell property (you’re a property developer, for example) you do not pay Capital Gains Tax when you sell a property. Instead, you pay:

Income Tax - if you’re a sole trader or partner

Corporation Tax - if you’re a limited company

There are special rules for limited companies that dispose of a single residential property worth more than £2 million.

Selling overseas property

You pay Capital Gains Tax when you ‘dispose of’ overseas property if you’re resident in the UK.

There are special rules if you’re resident in the UK but your permanent home (‘domicile’) is abroad.

You may also have to pay tax in the country you made the gain. If you’re taxed twice, you may be able to claim relief.

If you’re non-resident

Non-residents may have to pay UK tax on overseas property if they return to the UK within 5 years of leaving.


Tenancy deposit protection

Overview

Your landlord must put your deposit in a government-approved tenancy deposit scheme (TDP) if you rent your home on an assured shorthold tenancy that started after 6 April 2007. In England and Wales your deposit can be registered with:

Deposit Protection Service

MyDeposits - including deposits that were held by Capita

Tenancy Deposit Scheme

If you don’t rent your home on an assured shorthold tenancy, your landlord can accept valuable items (for example a car or watch) as a deposit instead of money. The items won’t be protected by a scheme.

There are separate TDP schemes in Scotland and Northern Ireland.

They make sure you’ll get your deposit back if you:

meet the terms of your tenancy agreement

don’t damage the property

pay your rent and bills

Your landlord or letting agent must put your deposit in the scheme within 30 days of getting it.

At the end of your tenancy

Your landlord must return your deposit within 10 days of you both agreeing how much you’ll get back.

If you’re in a dispute with your landlord, then your deposit will be protected in the TDP scheme until the issue is sorted out.

Holding deposits

Your landlord doesn’t have to protect a holding deposit (money you pay to ‘hold’ a property before an agreement is signed). Once you become a tenant, the holding deposit becomes a deposit, which they must protect.

Deposits made by a third party

Your landlord must use a TDP scheme even if your deposit is paid by someone else, such as a rent deposit scheme or your parents.

Information landlords must give tenants

Once your landlord has received your deposit, they have 30 days to tell you:

the address of the rented property

how much deposit you’ve paid

how the deposit is protected

the name and contact details of the tenancy deposit protection (TDP) scheme and its dispute resolution service

their (or the letting agency’s) name and contact details

the name and contact details of any third party that’s paid the deposit

why they would keep some or all of the deposit

how to apply to get the deposit back

what to do if you can’t get hold of the landlord at the end of the tenancy

what to do if there’s a dispute over the deposit

If your landlord doesn't protect your deposit

Contact a tenancy deposit scheme (TDP) if you’re not sure whether your deposit has been protected.

Contact MyDeposits if your deposit was held by Capita.

Getting your deposit back

You can apply to your local county court if you think your landlord hasn’t used a TDP scheme when they should have.

Get legal advice before applying to court. You do not need a solicitor to do this.

Before going to court

It can be quicker and cheaper to write to your landlord, rather than going to court.

If you cannot come to an agreement, you can apply to the court for compensation.

Apply to a county court

Apply using Form N208: Claim form.

The court fee is £308. You can claim this back from your landlord if you win your case.

You can apply for money off your court fee if you claim certain benefits or have a low income.

What happens next

If the court finds your landlord has not protected your deposit, it can order them to either:

repay it to you

pay it into a TDP scheme’s bank account within 14 days

The court may also order the landlord to pay you up to 3 times the deposit within 14 days of making the order.

At the end of the tenancy

The court may decide that you won’t have to leave the property when the tenancy ends if your landlord hasn’t used a TDP scheme when they should have.

Disputes and problems

If there’s a dispute over a deposit

Your tenancy deposit protection (TDP) scheme offers a free dispute resolution service if you disagree with your landlord about how much deposit should be returned.

You don’t have to use the service but if you do, both you and the landlord have to agree to it. You’ll both be asked to provide evidence, and the decision made about your deposit will be final.

If you can’t contact the landlord

You can ‘raise a dispute’ to get your deposit back if you can’t contact your landlord and your deposit is held by one of the approved TDP schemes:

MyDeposits

Tenancy Deposit Scheme

Deposit Protection Service

The TDP scheme will refund your deposit if the dispute resolution service agrees.

There may be a limit on the time you have to raise a dispute. Contact the TDP scheme as soon as possible.

If your deposit is not held by an approved TDP scheme

You may be able to apply to your local county court to get your deposit back if your deposit was not protected by an approved TDP scheme.

You should write to your landlord and your letting agent (if you have one) before you make a claim. Your landlord or agent may offer to pay your deposit back after they get a letter to avoid legal costs.

Get help and advice

You can get more help and advice from:

your local Citizens Advice office

a solicitor or advice agency

Shelter in England or Shelter in Wales


Your property boundaries

Overview

If you live in England or Wales, there’s usually no record of:

the exact boundary between two properties

who owns the hedge, wall, tree or fence between 2 properties

This guide is also available in Welsh (Cymraeg).

You can get an idea of where the boundaries for your property are by looking at its title plan. Most title plans don’t show exact boundaries - you usually don’t need to have the exact boundaries recorded anywhere.

The rules are different in Scotland and Northern Ireland.

You can apply to get the title plan corrected if you think there’s a mistake on it.

Record the boundary more precisely

You can do this by:

making a boundary agreement with your neighbour

applying for a determined boundary

Make a boundary agreement with your neighbour

You can usually avoid having to create a boundary agreement by having an informal discussion with your neighbour.

Get help in solving disagreements

Use the Royal Institution of Chartered Surveyors Helpline Scheme to get advice on solving disagreements over boundaries.

What a boundary agreement can do

You and your neighbour can create a ‘boundary agreement’ to record:

the boundary between 2 properties

who’s responsible for maintaining a hedge, wall, tree or fence between 2 properties

Get legal advice if you’re thinking about making a boundary agreement.

What a boundary agreement can’t do

You can’t use a boundary agreement to sell or give away part of your land to your neighbour.

Get legal advice if you want to make sure the boundary agreement is still valid after you or your neighbour sell your property.

What to include in a boundary agreement

Your boundary agreement must include:

your name and address

your neighbour’s name and address

the date the agreement begins

the boundary you’ve agreed

You can include the boundary using:

a written description

a copy of an Ordnance Survey map - you can draw or write on it to show the boundary

a map you’ve drawn yourself

Example of a boundary agreement

“Boundary Agreement

This agreement is made on 15th July 2017 between John Smith of 10 Acacia Avenue, title to which is registered under title number XX12345, and Mary Brown of 12 Acacia Avenue, title to which is registered under title number XX67891.

The parties agree that the legal boundary between the land within their respective registered titles, and running from the point marked ‘A’ to the point marked ‘B’ on the plan attached, is as shown by the red line drawn between those points.

Signed

[Witness (Signature, name and address)]

Signed

[Witness (Signature, name and address)]”

Record your boundary agreement

Fill in an application to change the register (AP1).

In section 4 under ‘Applications in priority order’, write: “To note a boundary agreement”. Under ‘Fees paid (£)’ write “£40”.

You don’t need to fill in sections 9 to 14.

You’ll need to send:

the completed AP1 form

a copy of the boundary agreement

a cheque or postal order for £40, payable to ‘HMLR’ or ‘HM Land Registry’

Send the documents and fee to:

HM Land Registry will update the register for your property and send a copy of the updated register back to you. They’ll do the same for your neighbour.

Apply to record the exact boundary

You can apply to have the exact boundary between your property and your neighbour’s recorded. This is known as applying for a ‘determined boundary’.

You can only do this if your property is registered.

A determined boundary will still be valid if you or your neighbour sell your property.

Your application may be referred to a tribunal if your neighbour doesn’t agree with it. Get legal advice before making an application.

Check your property’s title plan and register to see if it already has a determined boundary.

Apply for a determined boundary

You’ll need to send:

a plan showing the determined boundary - ask a chartered land surveyor to make this

evidence that supports your application

a completed exact line of boundary (DB) form

Evidence that supports your application

Send any evidence you have that justifies the surveyor’s boundary. This could include:

certified copies of the deeds to your property from before the property was registered

an expert’s report

a written statement signed in front of a solicitor, a magistrate or a commissioner of oaths

Send your application

The application costs £90. You’ll also need to pay the surveyor and the solicitor a fee.

If your neighbour agrees with your application, they’ll need to sign the form and the plan as well.

Send everything to:

If your application is successful, HM Land Registry (HMLR) will send you a copy of your updated title plan and register. They’ll also send your neighbour a copy of their updated title plan and register.

If your neighbour objects to your application

HMLR will decide whether the objection is valid. If it is, they’ll give you and your neighbour the chance to come to an agreement.

If you can’t, they’ll pass your application to a tribunal. You may need to pay for legal advice and advice from a surveyor if this happens.

If the tribunal approves your application

HMLR will send you a copy of your updated title plan and register. They’ll record the determined boundary in the register.

If the tribunal rejects your application

The tribunal will either decide where the exact boundary should be, or decide not to set the exact boundary.

You may need to pay your neighbour’s costs.

Correct a boundary mistake on a title plan

Write to HM Land Registry (HMLR) if you think there’s a boundary mistake on a property’s title plan.

You’ll need to:

explain why you think there’s a mistake

include any evidence that supports your argument, such as certified copies of the deeds to the property

Send everything to:

If HMLR finds that there’s a mistake, they’ll tell you how to correct it.


Building regulations approval

When you need approval

You must check if you need approval before you construct or change buildings in certain ways.

You do not need to get approval yourself if you use someone registered with a competent person scheme.

Find out about the rules in Scotland and Northern Ireland.

Building regulations approval is different from planning permission. You might need both.

Work covered by building regulations

The Building Regulations 2010 cover the construction and extension of buildings.

You might also need building regulations approval for many alteration projects, including if you plan to:

replace fuse boxes and connected electrics

install a bathroom that will involve plumbing

change electrics near a bath or shower

put in a fixed air-conditioning system

replace windows and doors

replace roof coverings on pitched and flat roofs

install or replace a heating system

add extra radiators to a heating system

You could need approval, or to follow special rules, for works not listed here - so always research your particular project.

Check with a building control body if you cannot decide if you need approval.

You do not need advance approval for emergency repairs to your boiler or heating system, but there are rules you must follow.

Penalties and problems

The person doing the work could be prosecuted and fined if they do not comply with building regulations.

Your local authority could make you pay for faulty work to be fixed.

Without approval you will not have the certificates of compliance you may need when you want to sell your home.

When you do not need approval

You do not need to apply for approval yourself if the work is not covered by building regulations, or if it’s carried out by someone who’s registered with a competent person scheme.

Work that does not need approval

You do not need building regulations approval for some exempt projects, including:

most repairs, replacements and maintenance work (except heating systems, oil tanks, fuse boxes and glazing units)

new power and lighting points, or changes to existing circuits (except around baths and showers)

like-for-like replacements of baths, toilets, basins and sinks

Find out more about common projects and check when you do and do not need approval.

Check with a building control body if you’re still not sure what to do.

Hire a ‘competent person’

If your project needs approval but you’d rather not apply yourself, you can hire a tradesperson registered with a competent person scheme instead.

You must meet safety and energy efficiency standards even if you do not need formal approval.

Use a competent person scheme

Competent person schemes are a way for tradespeople to prove their ability to carry out certain work to required standards, instead of you applying for building regulations approval.

Benefits of a registered tradesperson

An installer (eg of windows or boilers) who’s registered with a scheme can self-certify that their work complies with buildings standards and can deal with building control issues, like objections.

If needed, they’ll tell your local authority about work on your behalf. They’ll also give you a certificate within 8 weeks of completion which can be used as evidence of compliance - it will also show up in solicitors’ searches if you come to sell your home.

Competent person schemes have insurance-backed warranties and complaints procedures if there’s a problem with the work.

Find a ‘competent person’

Search the Competent Persons Register to find a tradesperson, or check that they belong to a scheme.

Search the Electrical Competent Person Register if you’re looking for an electrician to work on your home.

You may have to correct the work or pay a fine if building regulations are not followed.

How to apply

Contact a ‘building control body’ (BCB) to check the building regulations or apply for approval.

There are different rules in Scotland and Northern Ireland.

Where to apply

There are 2 types of BCB. It’s up to you which you use.

Local authority BCBs

You can apply for approval from your council.

Private BCBs

You can apply through a private approved inspector.

They’ll tell your local authority about the work. This is called giving an ‘initial notice’.

Choose a type of application

You must decide on the type of application for your planned build, extension or alteration work.

Full plans

This is the most thorough option. You can expect a decision within 5 weeks, or 2 months with your consent.

You’ll get a completion certificate within 8 weeks of completion of the building work as long as it complies.

Building notice

This type of application is only for smaller projects. You can start work 2 days after your notice has been submitted to your BCB. You do not get formal approval like you do with full plans.

Regularisation

You can apply for ‘regularisation’ - retrospective approval for work already carried out without consent - from a local authority BCB only.

Only work carried out after 11 November 1985 can be approved in this way.

You might need to make alterations before your BCB can agree the work complies and give you a regularisation certificate.

Fees and costs

Local authority BCBs base their fees on the costs of their work, like site inspections.

What you’ll pay depends on the:

type of work involved

number of dwellings in the building

total floor area, eg in the case of extensions

Private BCBs negotiate their fees directly with you.

You might not have to pay a fee for works carried out solely for a person with a disability.

Appeals and determinations

You can appeal if you think your project should not have to comply with building regulations.

Ask for a ‘determination’ if you’re refused building regulations approval and you think the building control body (BCB) decision is unfair.

If you think you should not have to comply

Ask your local authority to ignore or relax one or more of the building regulations if you think your project shouldn’t have to comply with them.

If the local authority still says you have to comply, you can appeal to government. You have a month to make the appeal.

Find out about making an appeal.

You cannot ask a private BCB to ignore or relax the building regulations. You’ll have to ask your local authority BCB instead.

If the BCB refuses building regulations approval

You can ask for a ‘determination’ - a decision by government - if a BCB says your plans do not comply but you believe they do. Find out about asking for a determination.

How to appeal or get a determination

You’ll need to read the guidance and fill in a form.

You’ll have to pay a fee when you ask for a determination unless your building work is for disabled people. You don’t have to pay a fee to appeal.


Claim planning appeal costs

Overview

You can claim costs if someone involved in your planning appeal behaves unreasonably and costs you money.

You make a claim for an ‘award of costs’ to the Planning Inspectorate. If you’re successful, you’ll have to reach an agreement with the other party about how much they pay.

You can be asked to pay costs if you behave unreasonably during your own appeal. The Planning Inspectorate can do this even if nobody’s claiming costs against you.

Deadline to claim for costs

The deadline depends on whether your appeal will be decided:

at a hearing or inquiry - apply before it closes

in writing - apply when you appeal for householder, commercial and tree preservation orders, or before the final comments stage for anything else

The deadline is different for claims about:

a site visit (eg someone didn’t attend) - apply within 7 days

a withdrawn appeal or enforcement notice - apply within 4 weeks

When to claim

You may be able to claim costs if someone involved in your appeal behaves unreasonably and costs you money. This includes if they:

fail to co-operate with you or others

miss deadlines

fail to turn up to a site visit, hearing or inquiry

gave information that was wrong or declared after the deadline

What costs you can claim

You can claim for costs directly related to your appeal, for example:

time preparing for an appeal

attending a hearing or inquiry

the use of consultants to provide detailed technical advice

witnesses if you need to pay them

You can’t claim for costs relating to your original planning application.

How to claim

Claim for costs by filling in the claim form. Return it to the address on the form.

Alternatively, you can send a letter to the Planning Inspectorate. Include why you think someone has behaved unreasonably and how this has cost you money.

After you claim

The Planning Inspectorate will consider your claim. The party being asked to pay will have an opportunity to respond in writing.

If you’re successful, you’ll be given either:

a full award - you can recover all your costs including the cost of claiming

a partial award - you can only recover some costs

The award doesn’t tell you how much you should get. It’s your responsibility to prove to the other party how much you’ve spent on the appeal.

If they won’t pay

You can make a court claim for money if the other party won’t pay.


Party walls and building work

Overview

You must tell your neighbours if you want to carry out any building work near or on your shared property boundary, or ‘party wall’, in England and Wales.

Party walls stand on the land of 2 or more owners and either:

form part of a building

don’t form part of a building, such as a garden wall (not wooden fences)

Walls on one owner’s land used by other owners (2 or more) to separate their buildings are also party walls.

Party structures

You can also have a ‘party structure’. This could be a floor or other structure that separates buildings or parts of buildings with different owners, eg flats.

Party wall agreements are different from planning permission or building regulations approval.

There are different rules in Scotland and Northern Ireland.

Work you must tell your neighbour about

You must tell your neighbour if you want to:

build on or at the boundary of your 2 properties

work on an existing party wall or party structure

dig below and near to the foundation level of their property

Examples of this type of work include:

building a new wall

cutting into a party wall

making a party wall taller, shorter or deeper

removing chimneys from a party wall

knocking down and rebuilding a party wall

Find more details of work you need to tell your neighbour about in the party wall explanatory booklet.

Your neighbours can’t stop you from making changes to your property that are within the law, but they can affect how and when your works are carried out.

What you don’t need to tell them about

You don’t need to tell your neighbour about minor changes, eg plastering, adding or replacing electrical wiring or sockets, or drilling to put up shelves or cabinets.

When and how to tell them

You must give notice to your neighbour between 2 months and a year before you plan to start building works. Include what you plan on doing.

You can speak to your neighbour to explain the work you want to carry out, before giving notice in writing.

Find letter templates and more information on giving notice in the party wall explanatory booklet.

Any agreement you reach should be in writing.

Reaching an agreement with your neighbours

Once you’ve given notice your neighbour can:

give consent in writing

refuse consent, which will start the dispute resolution process

serve a counter notice requesting additional works be done at the same time (they’ll have to pay for these if they benefit from the works)

Your neighbour must let you know in writing within 14 days if they consent to your notice, and you must do the same with any counter notice. A counter notice must be served within a month of the first notice.

Find examples of counter notice letters in the party wall booklet.

Your neighbours need to respond to the notice. You can’t assume that no response means they agree to the works.

The dispute resolution process will also start if they don’t respond to your notice within the given time.

Who pays for the work

You need to pay for any building works that you start on a party wall.

Your neighbour may have to meet a share of the cost if the work needs to be done because of defects or lack of repair. They will also need to pay if they ask for additional works to be done that will benefit them.

An appointed surveyor will set out who pays what if you can’t agree.

If you can't agree

You must appoint a surveyor if you and your neighbour can’t agree. You can appoint a surveyor together or each appoint your own. The surveyors will then agree on a ‘party wall award’.

This is a legal document which says:

what work should happen

how and when it will be carried out

who will pay for which part and how much will be paid (including surveyor’s fees)

You can’t act as your own surveyor.

If your neighbour doesn’t appoint a surveyor

You can appoint a surveyor on behalf of your neighbour if they refuse or fail to do so themselves.

If you don’t agree with the award

You can appeal against an award at a county court within 14 days of receiving it. You need to file an appellant’s notice in a county court, explaining why you’re appealing.

When works begin

When carrying out building works you must:

avoid causing unnecessary inconvenience

protect your neighbour’s property from damage caused by the works, and fix or pay for any damage that is caused

Access to your neighbour’s property

Your neighbour must allow surveyors and workmen access to their property during usual working hours to carry out the building works. They must be given 14 days’ notice except in an emergency.


Council and housing association evictions

Overview

You may be able to stop or delay the eviction. You can get advice from charities like Citizens Advice or Shelter.

Check if you can get legal aid. If you’re eligible, you can get advice from Civil Legal Advice, or you can search for a legal aid adviser.

If your case goes to court, you might be able to get help on the day from an adviser in the court building.

Eviction means your landlord ends your tenancy and you have to leave your property.

The steps that your council or housing association must take to evict you depends on the type of tenancy you have. But the basic steps are:

You get written notice that the council or housing association plans to evict you.

If you do not leave or cannot come to an agreement, the council or housing association can apply to the court for a possession order.

The court decides whether you can be evicted.

If you still do not leave, bailiffs can remove you and your belongings.

Written notice

Your council or housing association must give you a written warning notice that they plan to evict you. The notice is normally either at least 4 weeks or 4 months, depending on the type of tenancy you have.

However, they can start eviction proceedings immediately if you’re responsible for serious antisocial behaviour like drug-dealing.

For most types of tenancy, your council or housing association must also tell you why they’re planning to evict you.

The quicker you reply to the written notice, the better chance you have of keeping your home. If you ignore it and stay in the property, or the council or housing association is not satisfied with your response, they may apply to the court for permission to evict you.

Rent arrears

If you’re facing eviction over unpaid rent, before taking you to court the council or housing association must:

try to talk to you about the arrears as early as possible

give you detailed information about the arrears

offer help, if you need it, to make a housing benefit claim

agree to delay taking you to court if you make a reasonable offer to pay off your rent arrears

These steps are known as the ‘pre-action protocol’.

The court hearing

Your council or housing association will need permission from a court to evict you.

You’ll get papers confirming the date of the hearing. At the hearing you have the chance to tell your side of the story.

The court can:

issue a possession order giving the council or housing association permission to evict you

decide evicting you is not justified - eviction proceedings will then stop

issue a suspended or postponed possession order giving you a final chance to avoid eviction

After the hearing

The possession order will state the date you must leave the property by. If you do not leave, your council or housing association can ask the court to send a bailiff to remove you and your belongings. The court will tell you the date they’ll arrive.

In certain situations, your local council may offer you temporary housing to give you a chance to find another property. While it’s looking into your case, the council may offer you emergency accommodation (such as a hostel or B&B). Shelter has an emergency housing rights checker tool that shows whether you may be entitled to this.