Housing association homes

Apply for a home

Housing associations offer similar types of housing as local councils – often to people on a low income or who need extra support.

You can apply:

directly to a housing association

often through your local council

You can apply to more than one housing association at a time.

Waiting list

Once you apply, you’ll be put on a waiting list.

Housing associations normally offer housing to people most suited to that particular property. You may have to wait a long time for a suitable property to become available.

Housing associations are also known as Registered Social Landlords or Private Registered Providers of Social Housing.

Types of tenancy

Your rights and responsibilities depend on the type of tenancy you have.

Your tenancy agreement is a legal document that tells you all the rules about living in your property.

Starter tenancy

New housing association tenants may be offered a starter tenancy. These usually last 12 months and are like a ‘trial’ period.

You become an assured or fixed term tenant after 12 months, unless your housing association has either:

started action to evict you

extended your starter tenancy (Starter tenancy)

Assured and fixed-term tenancies

At the end of your starter tenancy (Starter tenancy) you’ll be offered either:

an assured tenancy - meaning you can normally live in your property for the rest of your life

a fixed-term tenancy - usually lasting for at least 5 years (your landlord will decide whether it’s renewed)

You rights may include:

buying your home

having your home repaired

swapping your home with another council or housing association tenant

Ending your tenancy

Your tenancy can be ended if:

you give the housing association (your housing association) 4 weeks’ notice in writing

the housing association (your housing association) evicts you

you transfer your tenancy to someone else or swap homes

the housing association (your housing association) needs to move you (eg to redevelop your property) - it (your housing association) should offer you a new property

Standard of your home

Your landlord has to make sure that your home meets certain standards. It (your home) must be:

safe and free from ‘category 1 hazards’ - these are things that can cause death or pose a serious danger to your health (eg by causing lung cancer, 80% burn injuries, loss of limbs, poisoning)

in a reasonable state of repair

equipped with reasonably modern facilities

warm enough

If you have concerns about the standard of your home you can make a complaint.

As a social housing tenant you can help run a maintenance service.

Complaints

Follow these steps if you have a problem with your housing association home:

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 can’t resolve the problem with your landlord.

Contact the Housing Ombudsman if you and your landlord still can’t resolve the problem.

Buying your home

As a housing association tenant, you might be able to buy your housing association (your housing association) home at a discount.


Appeal a decision about consent to display an advertisement

When you can appeal

Your local planning authority makes decisions about displaying an advertisement or sign on your house or building.

You can appeal against a decision about consent to display an advertisement if you disagree with it.

There’s no fee for appealing.

Only the person who made the application can appeal.

Deadline for appealing

If you disagree with a decision, you must appeal within 8 weeks of the date on the decision notice from your local planning authority.

If you’ve been sent a discontinuation notice, you’ll need to appeal before the date given on the notice.

When you can expect a decision

You’ll get a decision once your appeal is validated.

Check how long appeal decisions normally take.

How to appeal

Because of coronavirus (COVID-19), you cannot currently appeal by post. You can still appeal to the Planning Inspectorate online.

If you want to appeal more than one decision you must make a separate appeal for each.

You also need to send a copy of your appeal, including all supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You’ll need to submit copies of:

your original application

the local planning authority’s decision notice

all plans, drawings and documents you sent to the local planning authority (Your local planning authority)

any letters or emails between you and the local planning authority (Your local planning authority)

You’ll also need to submit any other documents that directly support your appeal, for example your grounds of appeal.

You can upload these documents (your appeal, including all supporting documents) when you appeal.

Comment on an appeal

No-one can comment on a planning appeal about displaying an advertisement or sign.

Your local planning authority must tell anyone who has commented on the original application (‘interested parties’) that there’s an appeal. They have to do this within 2 weeks of the appeal being started by the Planning Inspectorate.

Read the detailed guidance about taking part in an appeal.

After you appeal

The Planning Inspectorate will check your appeal (appeal) to make sure it (appeal)’s valid. They (the Planning Inspectorate)’ll tell you what happens next and how long your appeal (appeal) may take.

The Planning Inspectorate will then consider your appeal (appeal). Check how long planning appeal decisions normally take.

If anyone behaves unreasonably

You can apply for an ‘award of costs’ if anyone involved in your appeal (appeal) has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal (appeal). There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision (the appeal decision) in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Appeal a minor commercial development decision

When you can appeal

Your local planning authority makes decisions on applications about minor commercial developments, for example ground floor alterations like shop fronts and security shutters.

You can appeal a minor commercial development decision if you disagree with it.

There’s no fee for appealing.

Only the person who made the application can appeal.

Deadline for appealing

You must appeal within 12 weeks of the date on the decision notice from your local planning authority.

The deadline (Deadline for appealing)’s earlier if you’ve received an enforcement notice - you must appeal within 28 days of the notice.

How to appeal

Because of coronavirus (COVID-19), you cannot currently appeal by post. You can still appeal to the Planning Inspectorate online.

If you want to appeal more than one decision you must make a separate appeal for each.

You also need to send a copy of your appeal, including all the supporting documents, to your local planning authority. The Planning Inspectorate will tell you how to do this.

Documents you must provide

You’ll need to submit copies of:

your original application

the site ownership certificate

the local planning authority’s decision notice (the decision notice from your local planning authority)

You’ll also need to submit:

a map of the surrounding area

any other documents that directly support your appeal, for example your grounds for appeal

You can upload these documents (all the supporting documents) when you appeal.

Comment on an appeal

No-one can comment on a minor commercial development decision appeal.

Your local planning authority must tell anyone who has commented on the original application (‘interested parties’) that there’s an appeal.

They (Your local planning authority) have to do this (tell) within 5 working days of the appeal (an appeal) being started by the Planning Inspectorate.

Read the detailed guidance about taking part in an appeal.

After you appeal

The Planning Inspectorate will check your appeal to make sure it (your appeal)’s valid. They (the Planning Inspectorate)’ll tell you what happens next and how long your appeal may take.

The Planning Inspectorate will then consider your appeal. Check how long planning appeal decisions normally take.

If anyone behaves unreasonably

You can apply for an ‘award of costs’ if anyone involved in your appeal has cost you money by behaving unreasonably, for example missing deadlines. You can have costs awarded against you too.

You can complain about how the Planning Inspectorate handled your appeal. There’s no time limit for complaints.

If you disagree with the appeal decision

You can challenge the decision (the appeal decision) in the High Court if you think the Planning Inspectorate made a legal mistake.

Get advice from a lawyer if you’re unsure about this.


Understand how your council works

Types of council

This guide relates to councils in England. Find information about councils in Scotland, Wales and Northern Ireland.

Many parts of England have 2 tiers of local government:

county councils

district, borough or city councils

In some parts of the country (England), there’s just 1 (unitary) tier of local government providing all the local services. The 3 main types are:

unitary authorities in shire areas

London boroughs

metropolitan boroughs

County councils

These (County councils) are responsible for services across the whole of a county, like:

education

transport

planning

fire and public safety

social care

libraries

waste management

trading standards

District, borough and city councils

These (District, borough and city councils) cover a smaller area than county councils. They (District, borough and city councils)’re usually responsible for services like:

rubbish collection

recycling

Council Tax collections

housing

planning applications

Unitary authorities and London and metropolitan boroughs

In some parts of the country (England), 1 tier of local government provides all the local services listed above.

In London (London boroughs) and metropolitan areas some services, like fire, police and public transport, are provided through ‘joint authorities’ (in London (London boroughs) by the Greater London Authority).

Parish, community and town councils

These (District, borough and city councils) operate at a level below district and borough councils and in some cases, unitary authorities.

They (District, borough and city councils)’re elected and can help on a number of local issues, like providing:

allotments

public clocks

bus shelters

community centres

play areas and play equipment

grants to help local organisations

consultation on neighbourhood planning

They (District, borough and city councils) also have the power to issue fixed penalty fines for things like:

litter

graffiti

fly posting

dog offences

Decision making

The full council (a meeting of all council members) is responsible for all decisions. But in practice, most of the work is given to smaller groups of councillors or council officers (paid staff).

Every council must publish:

details of when key decisions will be taken

papers of meetings – at least 5 working days beforehand

minutes of meetings – showing the decisions that were made

You can view council meeting agendas, minutes and reports on your council’s website.

You can also attend most council meetings, although usually you won’t be able to speak at them.

Mayors

Many councils have a civic mayor or chairman of the council. They carry out ceremonial duties and chair meetings, but can’t make decisions about council business.

Some councils have an elected mayor. They’re responsible for the day-to-day running of local services.

Councils can have both elected and civic mayors.

Spending and accounts

Many local councils provide information on their websites to show how they spend their budget.

You can view details of:

payments for goods and services over £500

contracts and tenders over £500

Looking at annual accounts

Every year councils must open their detailed financial accounts (annual accounts) to the public for 30 working days.

This (open) allows you to check any spending under £500 without having to make a freedom of information request.

Your council must publish on its website and in the local press details of when you can check its accounts (annual accounts).

Local councillors and elections

Local councillors are elected for 4-year terms by the local community to represent its views.

You can contact your local councillor online or by going to an advice surgery.

When local elections are held

Elections to councils are normally held on the first Thursday in May.

Some councils elect all of their councillors at the same time. Other councils elect half or a third of their councillors at each election.  Read about the election timetable in England.

You can find out more about local council elections from the Local Government Boundary Commission for England.

Declaring interests

All local councillors have to declare any interests, gifts or hospitality they get that could influence decisions they make.

Your local council must publish details of these. You can usually access them on your council’s website or at the town hall.

Make a complaint

If you feel that a council service hasn’t been properly delivered, you can make an official complaint.

Complain to the council service provider.

If you’re still not happy, complain to your council’s complaints officer.

If this (complain) doesn’t resolve the issue, you may be able to get the Local Government Ombudsman to look into it.

The Ombudsman (the Local Government Ombudsman) considers complaints if you’ve suffered because of:

the way a council service has been given

how a decision has been made

The Ombudsman (the Local Government Ombudsman) usually only considers your complaint once it’s been through your local council’s complaints procedure.


Resolving neighbour disputes

Overview

Follow these steps if you have a dispute with your neighbour.

This guide is also available in Welsh (Cymraeg).

Try to solve the problem (a dispute with your neighbour) informally by talking to them (your neighbour).

If your neighbour is a tenant, you could contact their landlord.

You could use a mediation service if raising the issue (a dispute with your neighbour) informally does not work.

If the dispute (a dispute with your neighbour) involves a statutory nuisance (something like loud music or barking dogs), you can make a complaint to your local council.

Contact the police if your neighbour is breaking the law by being violent or harassing you.

As a last resort you can take legal action through the courts.

Talk to your neighbour

Before making a formal complaint or getting others involved, try to discuss the problem (a dispute with your neighbour) with your neighbour.

If you’re worried about approaching them (your neighbour), write a letter, explaining the problem (a dispute with your neighbour) clearly and sticking to the facts.

If the problem (a dispute with your neighbour) affects other neighbours, involve them as well. It can be easier to settle a dispute if the complaint comes from a number of people.

A tenants’ association might help if you’re a member of one.

Get practical advice from Citizens Advice to deal with common neighbour disputes, like noise and rubbish.

Contact your neighbour's landlord

If your neighbour is a tenant, you can complain to their landlord. This could be a housing association, the council or a private landlord.

Use a mediation service

If you cannot resolve the dispute by speaking to your neighbour, get help from a mediation service.

How mediation works

Mediation is when an impartial person - trained in dealing with difficult discussions between 2 opposing sides - acts like a referee in a dispute.

There can be a fee for mediation, but this will still be cheaper than hiring a solicitor and taking legal action.

Contact a mediation service

Mediation services differ depending on where you live:

if you live in England and Wales, find a mediation provider in your area

in Scotland, use the Scottish Mediation Network

your council or housing association may provide a mediation service

Complain about noise to the council

You can ask your local council for help if the neighbour dispute involves an activity that is damaging to health or a nuisance. This is known as a ‘statutory nuisance’.

This (an activity that is damaging to health or a nuisance) could include:

noise (including loud music and barking dogs)

artificial light (except street lamps)

dust, steam, smell or insects from business premises

smoke, fumes or gases

a build-up of rubbish that could harm health

Your council has a duty to investigate any statutory nuisance.

You should always try and solve the problem by talking to your neighbour or through mediation before contacting the council (Your council).

Penalties

If the council (Your council) decides someone is causing a statutory noise nuisance they (Your council) must issue a ‘noise abatement’ order. This tells the person what they must do to stop making a noise nuisance or else face further legal action.

If someone breaks an abatement order about noise from their home, they can be fined up to £5,000. If it’s noise from a factory or business, the penalty can be up to £20,000.

High hedges, trees and boundaries

You must try to settle a dispute about a high hedge informally before the council (Your council) can intervene.

Ask your council for a complaint form if the hedge (a high hedge) is all of these:

2 or more mostly evergreen or semi-evergreen trees or shrubs

over 2 metres tall

affecting your enjoyment of your home or garden because it (a high hedge)’s too tall

You might have to pay the council (Your council) a fee to consider your complaint.

Read more about complaining to your council about a high hedge.

When you can trim hedges or trees

You can trim branches or roots that cross into your property from a neighbour’s property or a public road.

You can only trim up to the property boundary. If you do more than this, your neighbour could take you to court for damaging their property.

If you live in a conservation area, or the trees in the hedge are protected by a ‘tree preservation order’, you might need your council’s (Your council) permission to trim them.

If your property borders a road

The highways authority can ask you to cut back hedges or trees on your property if they’re causing an obstruction in the road (a road). If you refuse, they can go into your property without your (your property) permission to do the work themselves. They may charge you for this.

Property damage from hedges

Your neighbour is responsible for maintaining their hedges so they do not, for example, damage your property or grow too high. If they do damage your property, your neighbour may be liable.

Boundaries and shared (‘party’) walls

Disputes about what is the exact boundary between 2 properties can be difficult to solve so get legal advice.

You must give notice to your neighbour if you are going to do work on a shared (‘party’) wall.

The Royal Institution of Chartered Surveyors (RICS) has free advice on boundary disputes and party walls (the walls you share with your neighbours).

Call the police

You should call the police if your neighbour:

is violent, threatening or abusive

is harassing you sexually, or because of your sexuality, religion or ethnic background

is breaking the law in any other way - or if you suspect this

Take action through the courts

If all else fails, you can take legal action against a neighbour.

Taking someone to court can be expensive so it should be your last resort if nothing else works. There may be court fees and you may have to pay a solicitor.

Legal advice

You can get free legal advice from a law centre, advice centre or Citizens Advice.

You can also find a lawyer who deals with a neighbour disputes.


Compensation when a road affects your property's value

Overview

You can apply for compensation if the value of your property goes down because of pollution or disturbance from the use of a new or altered road.

This (apply) is known as a ‘Part I claim’.

When you can claim

You can claim after a road’s been open to traffic for 1 year.

How to claim

Check you have a valid claim.

Check where to send your claim.

You can make a claim yourself or use an agent (eg a professional property valuer or claims company) to claim for you.

Who can claim

The value of your property must have gone down by more than £50 as the result of specific types of pollution or disturbance from the use of a new or altered road.

What you can claim for

You can only make a Part I claim because of:

noise

vibration

smell

fumes

smoke

artificial lighting

solid or liquid discharge on to your property

What you can’t claim for

You can’t make a Part I claim for:

other problems caused by a road, eg losing your view, natural light or privacy (sometimes called ‘blight’)

problems coming from another part of the road - your claim must be for the part of the road that’s new or altered

a road that’s only been resurfaced

Types of property you can claim for

You can usually only claim for property you own and occupy.

You must own the property (property you own and occupy) both:

before the road (a road) opened to traffic

when you make your claim

You must also be able to prove you own 1 of the following:

the property’s (property you own and occupy) freehold

the property’s (property you own and occupy) leasehold, with at least 3 years left to run on your lease on the date you make your claim

You can’t claim for property that was part of a ‘compulsory purchase’ for the construction of the road (a road).

Homes

You must be living in the property (property you own and occupy) when you make your claim, unless you can’t because:

you let it (property you own and occupy) to tenants

there’s another legal reason preventing you, eg a court order

Agricultural land

You must occupy the property (property you own and occupy) both:

when you make your claim

Business premises

You must occupy the whole property, or a substantial part of it, both:

before the road opened to traffic

when you make your claim

Your property’s (the whole property) rateable value must be below £34,800.

Search by postcode to find the rateable value of your business in England or Wales.

Other requirements

Read Highways England’s guide to Part I claims to check if you need to meet other requirements.

Make a claim

You usually need to make your claim to the authority responsible for the road - this (Highways England’s guide to Part I claims) is:

your local council for local roads

Highways England (Highways England’s) for major roads, including motorways and some A roads

You need to make your claim to Connect Plus if it’s for M25 widening at:

junctions 16 to 23

junctions 27 to 30

Make a claim to Highways England (Highways England’s)

Check Part I claims notices for roads that are open for claims.

Read the guide to Part I claims.

Download and fill in the claim for compensation form.

Send your claim to the Highways England (Highways England’s).

Track your claim

You can track the progress of a Part I claim you’ve made to Highways England (Highways England’s).


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 (your 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 (HMRC) ‘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 (a property) 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 (a property in England)

make copies of your documents and keep them until you leave the property (a property in England)

return your original documents (your documents) to you once they (Your landlord (or letting agent))’ve finished the check

Because of coronavirus (COVID-19) there are temporary changes to the way your landlord can check documents. They (Your landlord (or letting agent)) 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 (the Home Office) reference number to do the check (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 (the Home Office) voluntary departure scheme

Check with the Home Office (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 (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 (Your landlord) 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 (Your landlord) 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 (Your landlord) 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 (Your landlord) supply are fire safe

provide fire alarms and extinguishers if the property (the property you live in) 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 (the property you live in) 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 (your 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 (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 (your house)’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 (your house) 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 (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 (rent) if you agree. If you do not agree, the rent (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 (rent) by more than previously agreed

the rent increase (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 (Your 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 (Your tenancy agreement)

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 (your landlord) 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 (a 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 (a tribunal)

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

New rental terms

You can ask the tribunal (a 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 (Coronavirus (COVID-19)), 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 (Your council) 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 (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 (rent) is registered and how much it (rent) is.

You or your landlord can ask the VOA to review the rent (rent) so that it (rent) 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 (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 (a notice of increase of rent in writing), 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 (the VOA) decision to increase a registered rent by writing to the rent officer within 28 days of receiving it (a notice of increase of rent). 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 (a problem with your landlord).


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 (your home) jointly with your spouse or civil partner.

You cannot apply for home rights if your spouse or civil partner owns the property (your home) with someone else - unless your spouse or civil partner would get all the money if the property (your home) 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 (your home) is registered in your partner’s name, and its (your home) title number if it (your home) is.

You can search the register (HM Land Registry) to find this information.

How to apply

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

the property (your home) is registered

the property (your home) is unregistered

How long you can stay in the property (your home)

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

You may be able to continue living in the property (your home) 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 (moved).

Apply if the property (your home) is registered (HM Land Registry)

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

Send it (a notice for home rights) to HM Land Registry’s Citizen Centre. There’s no fee.

You’ll get a letter from HM Land Registry (HM Land Registry’s) telling you when they (HM Land Registry’s)’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 (HM Land Registry’s) 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 (your home) is not registered - you can search the register to find out if it (your home)’s registered.

Staying in the property (your home) 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 (a court) continuation order, to HM Land Registry’s Citizen Centre. There’s no fee.

You’ll get a letter from HM Land Registry (HM Land Registry’s) telling you when they (HM Land Registry’s)’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 (HM Land Registry’s) 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 (the property) is registered - you can search the register to find out if it (the property)’s registered.

Staying in the property after divorce or separation

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 (HM Land Registry’s) 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.


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 (a private approved inspector)’ll tell your local authority about the work. This (apply) 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 (Full plans) 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 (Regularisation).

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

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

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 (building regulations) if you think your project shouldn’t have to comply with them (building regulations).

If the local authority (your 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 (building regulations). You’ll have to ask your local authority BCB (building control body (BCB) instead.

If the BCB (the building control body (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.


Private renting for tenants: evictions

Rules your landlord must follow

Your landlord must follow strict procedures if they want you to leave their property, depending on the type of tenancy agreement you have and the terms of it.

If they (Your landlord) do not, they (Your landlord) may be guilty of illegally evicting or harassing you.

Your landlord must follow different procedures to evict you in Northern Ireland and Scotland.

Rules for periodic Assured Shorthold Tenancies (ASTs)

Periodic tenancies run on a week-by-week or month-by-month basis with no fixed end date.

If you have one of these (Periodic tenancies), your landlord must usually give you ‘notice to quit’ - they (Your landlord) must do this in a certain way depending on your type of tenancy agreement and its terms.

Notice periods

There are different eviction notice periods in Wales.

In England, your landlord usually must give you up to 2 months’ notice. Because of coronavirus (COVID-19), the notice periods are longer.

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

If you were given notice between 29 August 2020 and 31 May 2021, your landlord must have given you 6 months to leave the property

If you’ve been given notice since 1 June 2021, your landlord must give you 4 months to leave.

If you do not leave at the end of the notice period

If you do not leave at the end of the notice period, your landlord must apply to the court for a possession order. If the court gives them a possession order and you still do not leave, they must apply for a warrant for possession - this means bailiffs can evict you from the property.

From 1 June 2021 bailiffs can carry out evictions if you live in England. In Wales, currently you will not be evicted unless there’s a serious reason, such as if you’re living there illegally or committing anti-social behaviour.

Rules for fixed-term ASTs

Fixed-term tenancies run for a set amount of time. Your landlord must give you notice in a certain way if you’re in a fixed-term tenancy.

Notice periods

In England, your landlord usually must give you up to 2 months’ notice. Because of COVID-19, the notice periods are longer.

If you’ve been given notice since 1 June 2021, in most cases your landlord must give you 4 months to leave.

If you refuse to leave at the end of the notice period, the rules depend on whether the fixed term has ended or not.

Eviction during the fixed term

During the fixed term, your landlord can only evict you for certain reasons - for example:

you have not paid the rent

you’re engaging in antisocial behaviour

there’s a ‘break clause’ in your contract - this allows your landlord to take back the property before the end of the fixed term

A possession order will not take effect until you’ve been living in the property for at least 6 months.

Eviction at the end of the fixed term

At the end of the fixed term, the landlord (your landlord) does not need a reason to evict you. As long as they (your landlord)’ve given you correct notice, they (your landlord) can apply to the court for a possession order.

If the court gives your landlord a possession order and you still do not leave, your landlord must apply for a warrant for possession - this means bailiffs can evict you from the property.

Rules for excluded tenancies or licences

If you have an excluded tenancy or licence (for example you live with your landlord), your landlord does not have to go to court to evict you.

Your landlord only needs to give you ‘reasonable notice’ to quit. The notice does not have to be in writing.

There are no set rules about what’s reasonable. It depends on:

how long you’ve been living there

how often you pay the rent

whether you get on with your landlord

how quickly the landlord (your landlord) needs another person to move in

They (your landlord) can then change the locks on your rooms, even if you’ve left your belongings there. However, they (your landlord) must give your belongings back to you.

If you do not think you’ve been given enough warning to leave, contact your local council for advice. Your council can take action if your landlord has evicted you illegally.

Shelter has more information about eviction of excluded occupiers.

Rules for assured and regulated tenancies

If your tenancy started before 27 February 1997, you might have an assured or a regulated tenancy. Your landlord will have to follow different rules to evict you and you’ll have increased protection from eviction.

There are different eviction notice periods in Wales.

If you’ve been given notice on or after 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.

Shelter has more information about assured tenancies and regulated tenancies.

Shelter Cymru has more information about assured tenancies and regulated tenancies in Wales.

Accelerated possession

Landlords can sometimes evict tenants using ‘accelerated possession’. This is quicker than a normal eviction and does not usually need a court hearing.

Your landlord can only do this (evict) if:

you have an assured shorthold tenancy or a statutory periodic tenancy

you have a written tenancy agreement

they (Your landlord)’ve given you the required written notice in the right form

they (Your landlord) have not asked you to leave before the end of a fixed-term tenancy

Your landlord must also tell the court if you and your dependants have been affected by coronavirus (COVID-19) in a way that affects the case. For example, if you lost income because of COVID-19 which meant you were not able to pay rent.

You can only stop accelerated possession if you can prove your landlord has not followed the rules listed above.

How it works

If your landlord applies for accelerated possession, the court will send you:

a copy of your landlord’s application

a ‘defence form’

Fill in the defence form (a ‘defence form’) to challenge the application (your landlord’s application) or write a statement outlining your circumstances.

If your case is affected by COVID-19, include details. For example, why you lost income and were not able to pay rent.

You can get help filling in the defence form (a ‘defence form’).

You must complete and return the defence form or statement to the court within 14 days of receiving it.

If your landlord applied for possession before 3 August 2020

If your landlord wants to continue with their claim for possession they must make another application to the court. You will get a copy of your landlord’s application and instructions from the court on how to challenge the application (your landlord’s application).

The judge’s decision

A judge (The judge’s) will decide whether to:

issue a possession order, giving your landlord the right to evict you and take possession of the property (this is normally the case)

have a court hearing (this usually only happens if the paperwork is not in order or you’ve raised an important issue)

Even if there’s a hearing, the court can still decide to issue a possession order.

If the judge (The judge’s) issues a possession order

If the judge (The judge’s) makes a possession order, you’ll normally have 14 or 28 days to leave the property. If this will cause you exceptional hardship, the judge (The judge’s) may give you up to 42 days to leave.

If you do not leave at this point, your landlord can use bailiffs to evict you.

Eviction court hearings

If your landlord goes to court to evict you, there will be a ‘possession hearing’.

Before the hearing (a ‘possession hearing’)

You’ll know your landlord is taking you to court to evict you because you’ll be sent court papers, including:

copies of ‘claim for possession’ forms

a defence form

a date for your court hearing

The defence form (a defence form) is your chance to say why you have rent arrears and if you disagree with what your landlord put on the ‘claim for possession’ forms (‘claim for possession’ forms). You need to return it (a defence form) within 14 days.

You may have to pay extra court fees if you do not provide information in the defence form (a defence form) and this results in a delay to your court case.

If you do not attend your court hearing, it’s very likely the judge (The judge’s) will decide you’ll lose your home.

Coronavirus (COVID-19) and court hearings

The court process is different because of COVID-19.

Your landlord must tell the court if you and your dependants have been affected by COVID-19. For example, if you have lost income because of COVID-19, which meant you were not able to pay your rent.

During the hearing

If you have not received advice before, you can get free legal advice and representation in court on the day of the hearing (your court hearing). This is under the Housing Possession Court Duty scheme. Contact your local council or the court where your case is being heard.

If the scheme (the Housing Possession Court Duty scheme) is not available in your area, check with the court whether there are other advice services. You can also check if you can get legal aid.

The charity Shelter has information on what happens at a possession hearing.

The judge’s decision

The judge (The judge’s) could:

dismiss the court case (your court case) - no order will be made and the hearing (your court hearing) is finished

adjourn the hearing (your court hearing) - the hearing (your court hearing) will be delayed until later, as the judge (The judge’s) feels a decision cannot be made on the day

make an ‘order’ - the judge (The judge’s) will make a legal decision on what will happen

The judge (The judge’s) will dismiss the case (your court case) if there’s no reason you should be evicted. This might happen if:

your landlord has not followed the correct procedure

your landlord or their representative does not attend the hearing (your court hearing)

you’ve paid any rent arrears

If the judge (The judge’s) dismisses the case (your court case), you can stay in your home. If the landlord wants to evict you, they’ll have to restart the court process from the beginning.

Types of possession order

There are several different kinds of orders a judge can make.

Order for possession (or ‘outright possession order’)

This means you must leave the property before the date given in the order.

The date (the date given in the order) will be either 14 or 28 days after your court hearing. If you’re in an exceptionally difficult situation, you may be able to convince the judge to delay this for up to 6 weeks.

If you do not leave your home by the date given (the date given in the order), your landlord can ask the court to evict you by asking for a ‘warrant for possession’. If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home.

Suspended order for possession

This (Suspended order for possession) means if you make the payments, or obey the conditions, set out in the order (Suspended order for possession), you can stay in your home. If you do not make the payments, your landlord can ask the court to evict you.

Money order

This (Money order) means you have to pay the landlord (your landlord) the amount set out in the order (Money order). If you do not make the payments, action could be taken by the courts to recover the money, including:

deducting money from your wages or bank account

sending bailiffs to take away things you own

If you get into rent arrears after a money order has been made, your landlord can go to court again and ask for a possession order.

Possession orders with a money judgment

A judge can add a money judgment to any of the possession orders. This means you owe a specific amount of money, usually made up of:

your rent arrears

court fees

your landlord’s legal costs

The money judgment (a money judgment) will not apply if you pay your arrears and the amount set out in a suspended possession order.

However, the money judgment (a money judgment) will apply if you do not pay the amount set out in the suspended possession order that’s linked to the judgment. If you do not pay, the landlord (your landlord) may ask the court to carry out the instructions in the order (a suspended possession order) and the judgment.

Eviction notices

If you do not leave your home by the date given in an outright possession order, your landlord can ask the court for a ‘warrant of possession’.

If the court gives a warrant, you’ll be sent an eviction notice that gives a date when you must leave your home. Bailiffs can evict you after this date. The costs of evicting you will be added to the money you owe.

Changes to evictions in England and Wales because of coronavirus (COVID-19)

From 1 June 2021 bailiffs can carry out evictions if you live in England.

In Wales, currently you will not be evicted by bailiffs, unless there is a serious reason. Bailiffs will only enter the property if you:

are living there illegally

have been involved in antisocial behaviour

Delaying eviction

You can ask a judge to suspend the warrant at a new hearing. This means they’ll delay the eviction (eviction) or let you stay in your home if you can make payments again.

The judge (a judge) will not automatically agree to suspend the warrant.

Applying to suspend a warrant

To apply for a suspension of a warrant, you must fill out an application notice and either send or deliver it to the county court dealing with your case.

You must tell the court (the county court dealing with your case) you need a hearing at short notice (before your eviction date). You’ll have to pay a court fee of £14, unless you qualify for help.

Pay the county court (the county court dealing with your case):

by phone with a debit or credit card

by post with a cheque or postal order made out to ‘HM Courts and Tribunals Service’

in person with cash or a debit or credit card

You can find the address and phone number for the county court (the county court dealing with your case) online.

Asking the court (the county court dealing with your case) to change your payments

If your circumstances change, you can ask a judge at a new hearing to change what you pay. To do this, you must fill out an application notice and either send or deliver it to the county court dealing with your case.

You’ll have to pay a court fee of £100, unless you qualify for help.

in person by cheque, cash, debit or credit card

by post with a cheque made out to ‘HM Courts and Tribunals Service’

Appealing against the decision

You can only appeal if you can show the judge made mistakes in the original possession hearing. You’ll need to ask the judge for permission to appeal at the end of the original hearing.

If you get permission to appeal, you’ll have to apply for an appeal hearing very soon afterwards. You’ll have to pay a court fee of up to £140, unless you qualify for help.

You’ll need to get legal advice.

Contact your local council

If you’re worried about becoming homeless, contact your local council for homelessness help and advice.

Harassment and illegal evictions

It’s a crime for your landlord to harass you or try to force you out of a property without using proper procedures. If this happens, you may have a right to claim damages through the court.

What is harassment?

Harassment can be anything a landlord does, or fails to do, that makes you feel unsafe in the property (a property) or forces you to leave.

Harassment can include:

stopping services, like electricity

withholding keys, for example there are 2 tenants in a property but the landlord (a landlord) will only give 1 key

refusing to carry out repairs

anti-social behaviour by a landlord’s agent, for example a friend of the landlord moves in next door and causes problems

threats and physical violence

Illegal eviction and tenants’ rights

Your landlord may be guilty of illegal eviction if you:

are not given the notice to leave the property (a property) that your landlord must give you

find the locks have been changed

are evicted without a court order

Even if your landlord’s property is repossessed by their mortgage lender, the lender must give you notice so you can find other accommodation.

If you have an assured, assured shorthold or regulated tenancy, they (their mortgage lender) must give you:

3 months to leave the property (a property) if you were given notice between 26 March 2020 and 28 August 2020

6 months to leave if you were given notice between 29 August 2020 and 31 May 2021

4 months to leave if you’ve been given notice since 1 June 2021

In Wales, the notice period must be:

at least 6 months if they (their mortgage lender) gave you notice on or after 24 July 2020

at least 3 months if they (their mortgage lender) issued a section 8 notice for antisocial behaviour

Citizens Advice has information on repossession by your landlord’s mortgage lender.

What you can do

If you think you’re being harassed or threatened with illegal eviction, or the property you rent is being repossessed, talk to your local council.

It (your local council) may have someone specialising in tenant harassment issues.

Local councils can also start legal proceedings if they think there’s enough evidence of harassment or illegal eviction.

You could also contact a legal adviser, a Citizens Advice office or Shelter’s housing advice helpline.

Your local area may also have other housing or legal advice organisations - your local council, phonebook or library should have details.

If physical violence is involved, contact the police.

For further advice, the Ministry of Housing, Communities and Local Government has a detailed guide for tenants facing harassment and illegal eviction.


Capital Gains Tax

Overview

Capital Gains Tax is a tax on the profit when you sell (or ‘dispose of’) something (an ‘asset’) that’s increased in value.

It’s the gain you make that’s taxed, not the amount of money you receive.

Some assets are tax-free. You also do not have to pay Capital Gains Tax if all your gains in a year are under your tax-free allowance.

Disposing of an asset

Disposing of an asset includes:

selling it (an asset)

giving it (an asset) away as a gift, or transferring it (an asset) to someone else

swapping it (an asset) for something else

getting compensation for it (an asset) - like an insurance payout if it (an asset)’s been lost or destroyed

What you pay it (an asset) on

You pay Capital Gains Tax on the gain when you sell (or ‘dispose of’):

most personal possessions worth £6,000 or more, apart from your car

property that’s not your main home

your main home if you’ve let it out, used it for business or it’s very large

shares that are not in an ISA or PEP

business assets

These are known as ‘chargeable assets’.

If you sell or give away cryptoassets (like cryptocurrency or bitcoin) you should check if you have to pay Capital Gains Tax.

Depending on the asset, you may be able to reduce any tax you pay by claiming a relief.

If you dispose of an asset you jointly own with someone else, you have to pay Capital Gains Tax on your share of the gain (the gain you make).

When you do not pay it (Capital Gains Tax)

You only have to pay Capital Gains Tax on your total gains above an annual tax-free allowance.

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

What you do not pay it on

You do not pay Capital Gains Tax on certain assets, including any gains you make from:

ISAs (ISA) or PEPs

UK government gilts and Premium Bonds

betting, lottery or pools winnings

When someone dies

When you inherit an asset, Inheritance Tax is usually paid by the estate of the person who’s died (someone). You only have to work out if you need to pay Capital Gains Tax if you later dispose of the asset.

Overseas assets

You may have to pay Capital Gains Tax even if your asset is overseas.

There are special rules if you’re a UK resident but not ‘domiciled’ and claim the ‘remittance basis’.

If you’re abroad

You have to pay tax on gains you make on property and land in the UK even if you’re non-resident for tax purposes. You do not pay Capital Gains Tax on other UK assets, for example shares in UK companies, unless you return to the UK within 5 years of leaving.

Capital Gains Tax allowances

You only have to pay Capital Gains Tax on your overall gains above your tax-free allowance (called the Annual Exempt Amount).

The Capital Gains tax-free allowance (Capital Gains Tax allowances) is:

£6,150 for trusts

You can see tax-free allowances for previous years.

You may also be able to reduce your tax bill by deducting losses or claiming reliefs - this depends on the asset.

Gifts to your spouse or charity

There are special rules for Capital Gains Tax on gifts or assets you dispose of to:

your spouse or civil partner

charity

The normal rules apply for gifts to others.

Your spouse or civil partner

You do not pay Capital Gains Tax on assets you give or sell to your husband, wife or civil partner, unless:

you separated and did not live together at all in that tax year

you gave them (your husband, wife or civil partner) goods for their (your husband, wife or civil partner) business to sell on

The tax year (that tax year) is from 6 April to 5 April the following year.

If they (your husband, wife or civil partner) later sell the asset

Your spouse or civil partner (your husband, wife or civil partner) may have to pay tax on any gain if they (your husband, wife or civil partner) later dispose of the asset.

Their (your husband, wife or civil partner) gain (any gain) will be calculated on the difference in value between when you first owned the asset and when they (your husband, wife or civil partner) disposed of it (the asset).

If this was before April 1982, your spouse or civil partner should work out their gain (any gain) using the market value on 31 March 1982 instead.

They (your spouse or civil partner) should keep a record of what you paid for the asset.

Gifts to charity

You do not have to pay Capital Gains Tax on assets you give away to charity.

You may have to pay if you sell an asset to charity for both:

more than you paid for it (an asset)

less than market value

Work out your gain using the amount the charity (charity) actually pays you, rather than the value of the asset (an asset).

Work out if you need to pay

You need to pay Capital Gains Tax when you sell an asset if your total taxable gains are above your annual Capital Gains Tax allowance.

Work out your total taxable gains

Work out the gain for each asset (or your share of an asset if it’s jointly owned). Do this for the personal possessions, shares, property or business assets you’ve disposed of in the tax year.

Add together the gains from each asset.

Deduct any allowable losses.

The tax year runs from 6 April to 5 April the following year.

You’ll need to report and pay Capital Gains Tax if your taxable gains are above your allowance.

If your total gains are less than the tax-free allowance (your allowance)

You do not have to pay tax if your total taxable gains are under your Capital Gains Tax allowance.

You still need to report your gains in your tax return if both of the following apply:

the total amount you sold the assets for was more than 4 times your allowance

you’re registered for Self Assessment

There are different rules for reporting a loss.

If you’re non-resident

You need to tell HMRC when you sell property or land even if your gain is below the tax-free allowance (your allowance) or you make a loss. Non-residents do not pay tax on other capital gains.

Report and pay Capital Gains Tax

How and when you report Capital Gains Tax over your annual allowance depends on what you made the gain on.

There are different ways to report and pay Capital Gains Tax due on:

UK residential property sold since 6 April 2020

any other gains

To report any capital gains you’ll need:

calculations for each capital gain or loss you report

details of how much you bought and sold the asset for

the dates when you took ownership and disposed of the asset

any other relevant details, such as the costs of disposing of the asset and any tax reliefs you’re entitled to

If you sold property in the UK on or after 6 April 2020

You must report and pay any tax due on UK residential property using a Capital Gains Tax on UK property account within 30 days of selling it.

You may have to pay interest and a penalty if you do not report gains on UK property within 30 days of selling it.

Sign in or create a Capital Gains Tax on UK property account.

You’ll need a Government Gateway user ID and password to set your account up or sign in. If you do not have a user ID, you can create one the first time you sign in.

Once you have an account you can sign in at any time to report Capital Gains Tax on UK property or see any returns you’ve already sent.

If you’re not resident in the UK

You must report sales of UK property as a non-resident within 30 days, even if you have no tax to pay.

If you’re reporting on behalf of someone else or a trust

You need to use your own Capital Gains Tax on UK property account to report on behalf of someone else.

You’ll need proof you’re allowed to report on their (someone else) behalf, such as a lasting power of attorney. If the person (someone else) has died, you’ll need to give their (someone else) date of death.

If you’re reporting as a trustee of a registered trust, you’ll need the trust’s registration number or unique tax reference.

There’s a different way to report your client’s Capital Gains Tax on UK property as an agent.

If you have other capital gains to report

If your gain is not from residential property sold in the UK since 6 April 2020, you have a choice of how and when to report the tax (other capital gains to report).

Report and pay the tax (other capital gains to report) straightaway

You can use the ‘real time’ Capital Gains Tax service immediately if you know what you owe.

You need to report your gain by 31 December in the tax year after you made the gain. For example, if you made a gain in the 2020 to 2021 tax year, you need to report it by 31 December 2021.

You’ll need a Government Gateway user ID and password. If you do not have a user ID, you can create one when you report and pay.

After you’ve reported your gains, HMRC will send you a letter or email giving you a payment reference number and telling you how to pay.

If you need to change your report using the service (the ‘real time’ Capital Gains Tax service), you’ll need your report reference number starting with ‘RTT’. You’ll get it by email within 10 days.

Report your gains in a Self Assessment tax return in the following tax year

You can report your gains in a Self Assessment tax return in the tax year after you disposed of assets.

Do not wait until the next tax year to report gains on UK residential property sold since 6 April 2020. You may have to pay interest and a penalty if you do.

If you do not usually send a tax return, register for Self Assessment after the tax year you disposed of your chargeable assets.

You can get help with your tax return from an accountant or tax adviser.

After you’ve sent your return HMRC will tell you how much you owe in Capital Gains Tax, how to pay and when to pay by.

Capital Gains Tax rates

You pay a different rate of tax on gains from residential property than you do on other assets.

You do not usually pay tax when you sell your home.

If you pay higher rate Income Tax

If you’re a higher or additional rate taxpayer you’ll pay:

28% on your gains from residential property

20% on your gains from other chargeable assets

If you pay basic rate Income Tax

If you’re a basic rate taxpayer, the rate you pay depends on the size of your gain, your taxable income and whether your gain is from residential property or other assets.

Work out how much taxable income you have - this (your taxable income) is your income minus your Personal Allowance and any other Income Tax reliefs you’re entitled to.

Work out your total taxable gains.

Deduct your tax-free allowance from your total taxable gains.

Add this amount to your taxable income.

If this amount is within the basic Income Tax band you’ll pay 10% on your gains (or 18% on residential property). You’ll pay 20% (or 28% on residential property) on any amount above the basic tax rate.

If you have gains from both residential property and other assets

You can use your tax-free allowance against the gains that would be charged at the highest rates (for example where you would pay 28% tax).

If you’re a trustee or business

Trustees or personal representatives of someone who’s died pay:

28% on residential property

20% on other chargeable assets

You’ll pay 10% if you’re a sole trader or partnership and your gains qualify for Business Asset Disposal Relief.

If you make a loss

You can report losses on a chargeable asset to HM Revenue and Customs (HMRC) to reduce your total taxable gains.

Losses used in this way are called ‘allowable losses’.

Using losses to reduce your gain

When you report a loss, the amount is deducted from the gains you made in the same tax year.

If your total taxable gain (your total taxable gains) is still above the tax-free allowance (your tax-free allowance), you can deduct unused losses from previous tax years. If they reduce your gain to the tax-free allowance (your tax-free allowance), you can carry forward the remaining losses to a future tax year.

Reporting losses

Claim for your loss by including it on your tax return. If you’ve never made a gain and are not registered for Self Assessment, you can write to HMRC (HM Revenue and Customs (HMRC)) instead.

You do not have to report losses straight away - you can claim up to 4 years after the end of the tax year that you disposed of the asset.

There’s an exception for losses made before 5 April 1996, which you can still claim for. You must deduct these (unused losses from previous tax years) after any more recent losses.

Losses when disposing of assets to family and others

Your husband, wife or civil partner

You usually do not pay Capital Gains Tax on assets you give or sell to your spouse or civil partner. You cannot claim losses against these assets (the asset).

Other family members and ‘connected people’

You cannot deduct a loss from giving, selling or disposing of an asset to a family member unless you’re offsetting a gain from the same person.

This also applies to ‘connected people’ like business partners.

Connected people

HMRC (HM Revenue and Customs (HMRC)) defines connected people as including:

your brothers, sisters, parents, grandparents, children and grandchildren, and their (connected people) husbands, wives or civil partners

the brothers, sisters, parents, grandparents, children and grandchildren of your husband, wife or civil partner - and their husbands, wives or civil partners

business partners

a company you control

trustees where you’re the ‘settlor’ (or someone connected to you is)

Claiming for an asset that’s lost its value

You can claim losses on assets that you still own if they become worthless or of ‘negligible value’.

HMRC (HM Revenue and Customs (HMRC)) has guidance on how to make a negligible value claim.

Special rules

HMRC (HM Revenue and Customs (HMRC)) has guidance on the special rules for losses:

when someone dies

if you’re non-resident and sell UK property or land

if you’ve temporarily lived abroad as a ‘non-resident’

from your income on shares that are unquoted or in the Enterprise Investment Scheme

on overseas assets if you’re ‘non-domiciled’ in the UK and have claimed the ‘remittance basis’

Record keeping

You need to collect records to work out your gains and fill in your tax return. You must keep them for at least a year after the Self Assessment deadline.

You’ll need to keep records for longer if you sent your tax return late or HM Revenue and Customs (HMRC) have started a check into your return.

Businesses must keep records for 5 years after the deadline (the Self Assessment deadline).

Records you’ll need

Keep receipts, bills and invoices that show the date and the amount:

you paid for an asset

of any additional costs like fees for professional advice, Stamp Duty, improvement costs, or to establish the market value

you received for the asset (an asset) - including things like payments you get later in instalments, or compensation if the asset (an asset) was damaged

Also keep any contracts for buying and selling the asset (an asset) (for example from solicitors or stockbrokers) and copies of any valuations.

If you do not have records

You must try to recreate your records if you cannot replace them after they’ve been lost, stolen or destroyed.

If you fill in your tax return using recreated records, you’ll need to show where figures are:

estimated - that you want HMRC (HM Revenue and Customs (HMRC)) to accept as final

provisional - that you’ll update later with the actual figures

Market value

Your gain is usually the difference between what you paid for your asset and what you sold it for.

There are some situations where you use the market value instead.

Situation | Use market value at

Gifts | Date of gift

Assets sold for less than they were worth to help the buyer | Date of sale

Inherited assets where you do not know the Inheritance Tax value | Date of death

Assets owned before April 1982 | 31 March 1982

Checking the market value

HM Revenue and Customs (HMRC) can check your valuation.

After you’ve disposed of the asset, complete a ‘Post-transaction valuation check’ form. Return it to the address on the form - allow at least 3 months for HMRC’s (HM Revenue and Customs (HMRC)) response.


Tax when you sell your home

Private Residence Relief

You do not pay Capital Gains Tax when you sell (or ‘dispose of’) your home if all of the following apply:

you have one home and you’ve lived in it as your main home for all the time you’ve owned it

you have not let part of it (one home) out - this does not include having a lodger

you have not used a part of your home (one home) exclusively for business purposes (using a room as a temporary or occasional office does not count as exclusive business use)

the grounds, including all buildings, are less than 5,000 square metres (just over an acre) in total

you did not buy it (one home) just to make a gain

If all these (the following) apply you will automatically get a tax relief called Private Residence Relief and will have no tax to pay. If any of them (the following) apply, you may have some tax to pay.

Find out if you’re eligible for Private Residence Relief.

Married couples and civil partners can only count one property as their main home at any one time.

The rules are different if you sell property that’s not your home or if you live abroad.

Work out your gain

You may need to pay tax when you sell your home if you do not qualify for full Private Residence Relief.

If you have tax to pay you need to work out how much gain you made when you sold your home.

Your gain is usually the difference between what you paid for your home and what you sold it (your home) for. Use the market value instead if:

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

you sold it (your home) for less than it (your home) was worth to help the buyer

you inherited the asset (your home) (and do not know the Inheritance Tax value)

you owned it (your home) before April 1982

If you’re not resident in the UK for tax, you only pay tax on gains since 5 April 2015.

Deducting 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 like decorating do not count

You cannot deduct certain costs, like interest on a loan to buy your property. Contact HM Revenue and Customs (HMRC) if you’re not sure whether you can deduct a certain cost.

There are special rules for calculating your gain if you sell a lease or your home is compulsorily purchased.

Work out if you need to pay

Once you know your gain and have worked out how much tax relief you get, you can calculate if you need to report and pay Capital Gains Tax.

You cannot use the calculator if you:

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

If you have Capital Gains Tax to pay

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

Living away from your home

You may get less Private Residence Relief if you live away from your home. However, you always get relief for certain periods.

The rules are different if you’re not UK resident for tax.

Periods that always qualify for relief

No matter how many homes you own or where you lived at the time, you always get relief for the last 9 months before you sold your home.

It (your home) must have been your only or main residence at some point while you owned it (your home).

You’ll also get relief for up to the first 2 years that you owned the home (your home) if both the following apply:

it (your home) was being built, renovated or you could not sell your old home

you lived in it (your old home) as your only or main residence within 2 years of owning it (your old home)

You get relief for these periods (certain periods) even if you nominated a different home as your main home.

If you have one home or you nominated your home

You get relief if you were away from it (your home) for:

any reason for periods adding up to 3 years

up to 4 years if you had to live away from home in the UK (UK) for work

any period if you were working outside the UK (UK)

You must have lived in the home (your home) before and afterwards, unless your work prevented you.

If you only own one home you get relief for the last 36 months before you sold your home if any of the following apply:

you’re disabled

you’re in long-term residential care

you sold the property before 6 April 2014

You get relief for the last 18 months if none of these (the following) apply, but you sold your home (one home) before 6 April 2020.

If you own more than one home

In most cases, you only get relief for one home for any period. You must work out when you lived in each property as your main home.

If you’re married or in a civil partnership only one home per couple counts as your main home for any period.

If you’ve nominated a home you cannot get relief for another property for the time your home is nominated, apart from for the periods that always qualify for relief.

There are other rules that affect tax relief when you sell your home.

If you’re not sure how the rules apply to you, call the Capital Gains Tax helpline.

Nominating a home

If you nominate a property as your main home you qualify for relief for most of the time you live away. You must have lived in the home as your only or main residence at some point while you owned it (the property).

You cannot get relief for another property for the time your home is nominated, apart from for certain periods that always qualify for relief.

You can nominate one property as your main home by writing to HM Revenue and Customs (HMRC). Include the address of the home you want to nominate (a property). All the owners of the property (a property) must sign the letter.

If you want to nominate a home you must do this within 2 years every time your combination of homes changes.

If you do not nominate a home and you sell one of your properties you must work out how long you lived in it as your main home.

Overseas properties

From 6 April 2015, you can only nominate an overseas property if you lived in it for at least 90 days in the tax year.

If you let out your home

You may have to pay Capital Gains Tax if you’ve let out your home. How much you pay depends on how long you lived in it (your home).

Having a lodger does not count as letting out your home.

Work out how much tax you have to pay

You’ll pay tax on your ‘chargeable gain’. This is your gain minus any Private Residence Relief you’re eligible for.

You get full relief for:

the years you lived in the home (your home)

the last 9 months you owned the home (your home) - even if you were not living there at the time

If you sold the property between 6 April 2014 and 6 April 2020, you get relief for the last 18 months you owned it.

If you only own one home and you’re disabled, in long-term residential care or sold the property before 6 April 2014 you get full relief for the last 36 months you owned it.

If you only let out part of your home

You’ll need to work out what proportion of your home you lived in. You only get Private Residence Relief on this proportion of your gain (part of your home).

Claim Letting Relief

If you lived in your home at the same time as your tenants, you may qualify for Letting Relief on gains you make when you sell the property (one home).

You can get the lowest of the following:

the same amount you got in Private Residence Relief

the same amount as the chargeable gain you made while letting out part of your home

Letting Relief does not cover any proportion of the chargeable gain you make while your home is empty.

There are other rules that may affect the amount of Capital Gains Tax you need to pay.


Having debt repayments taken from your wages

When repayments can be taken

You can have debt repayments taken out of your wages if you owe someone money from either:

unpaid maintenance payments

county court judgment (CCJ)

The person you owe money (someone) is called a ‘creditor’.

You can also have benefit overpayments taken from your wages by the Department for Work and Pensions (DWP) or your local council.

How you’re told

You and your employer will get a document (called an ‘attachment of earnings order’) from the court. This will tell you:

how much you owe

how much your employer takes from your wages - you can apply to get this changed if you cannot afford it

when and how the payments have to be made

You and your employer can be fined if they (You and your employer) do not follow the order. You cannot ask them (You and your employer) to ignore it.

Change how much you pay

You can apply to get the payments reduced if you cannot afford them. Download and fill in form N244 and send it to the court that issued the court order (the court) (the order).

You have to do this within 14 days of getting the order.

You can also apply if the order has been in place for some time and your circumstances change.

Pay off the debt more quickly

Speak to the person or company you owe the money to if you want to pay more. They might either:

take extra payments directly

agree to put the order on hold so you can pay more directly to them (the person or company you owe the money to)

The court will tell you if your debt is put on hold.

Check how much you owe

Contact the Centralised Attachment of Earning Payments (CAPS) office to check how much you still owe. They can also send you a history of the payments you’ve made.

You’ll need to give your case number when you call.

Report a change in your circumstances

You must report any changes in your circumstances if you’re paying off a debt through your wages.

Change your name or address

If you need to change your name or address, tell:

the court who issued the court order (the order)

your creditor

If you change or lose your job

Tell the CAPS office your new employer’s details or that you’ve lost your job.

Download and fill in form N56 in full, and send it to the court who issued the court order (the court) (the order).

When you’ve paid off the debt

The Centralised Attachment of Earning Payments (CAPS) office will send you a ‘notice of discharge’ when the debt has been paid off. Your employer and creditor will also get a copy.

Your employer will then stop making deductions from your wages.

If you think you’ve overpaid

Ask the CAPS office to check if you’ve overpaid.

You’ll get a refund if you’ve overpaid.