- British law does not require the use of a signed contract for a lease to exist. A verbal agreement will suffice to be legally binding. Once you make payments on a house and have exclusive possession of it, the tenancy of the home becomes legal. And tenancy is key to the type of relationship you have with your landlord.
- Any rental agreement, verbal or written, must define the type of tenancy that you have on the property. The type of tenancy that you have is dependent upon when you began making payments and occupied the home as well as any specific statement in the lease agreement. Tenancy prior to January 15, 1989 is typically a regulated tenancy, which gives you strong rights against eviction and a fixed term for rental. Tenancy on or before February 28, 1997 gives you an assured shorthold tenancy, which is for either a fixed period or period to period (such as week to week or month to month). Between January 15, 1989 and February 27, 1997, you have an assured shorthold tenancy if it was clearly stated as such in the contract; otherwise, it's an assured tenancy.
- One of the most difficult parts of renting privately is getting your deposit returned. It's a notorious issue in England, and there are several remedies. First, check your contract. It should include an inventory of items provided with the home, if any, as well as a Schedule of Condition that outlines the state of the home upon rental. Using these, you may be able to get your deposit back. Another suggested remedy is to let your landlord know that you'll be confirming the receipt of the deposit funds on the landlord's tax return to the Inland Revenue, England's equivalent of the IRS.
- You can use an agent to help you find a property for rent. In England, these professional are called "letting agents." You pay a letting agent a finder's fee as well as contract fees. Landlords also typically pay about 10 percent of your monthly rent to the letting agent who helped you find the property. Renting privately is less expensive in terms of contract and finder's fees, but the rent will be about the same and you may have issues with getting your deposit back. Generally, when searching for house, you define an area in which you'd like the property to be located. Most letting agencies provide this information on their website, complete with a map to evaluate distances. See Resources below for letting agents.
- Safety features are critical in any home you're renting in England. Many English homes are somewhat older, and you want to be certain that gas, electricity and fire safety have been attended to by the landlord. All soft furnishings should comply with the 1989 Fire and Furniture Regulations and be labeled as such. Electrical appliances should all work properly and include a notification they have been "PAT tested" (Portable Appliance Testing). You are entitled by law to see the landlord's Gas Safety Record or a certificate called a CORGI safety certificate, which should show that a safety inspection has occurred in the last 12 months.
