Information for private tenants

How we can help

Finding a home

Renting a home

Repair issues 

Damp and mould

Harassment & Eviction by your landlord

Rent increases, rent repayment orders and rent arrears

How we can help

The Private Sector Housing Team takes on enforcement of housing legislation and advises both landlord and tenants on their rights and responsibilities. The action we can take is limited to our legal powers and our Enforcement Policy. It is more complex than Google Ai would have you believe. 

What we can assist with

• Repair or health and safety issues which are determined by an officer to be a Category 1 Hazard or High Category 2 Hazard, under the Housing Health and Safety Rating System (HHSRS).
• Properties without sufficient fire detection or carbon monoxide alarms
• Properties where the landlord does not have a valid Electrical Installation Condition Report (EICR) or other valid certification for new installations.
• Licensing and standards in Houses in Multiple Occupation 
• Illegal eviction actions and acts of harassment to force you from your property
• Offences relating to the advertising of rental properties, including discrimination, rental bidding and unclear pricing
• Discriminatory letting practices, unclear costs and 'rental bidding'
• Failure of your landlord to provide the 'Information Sheet' explaining the rights of existing tenants under the Renters Rights Act 2025
• Failure of a letting agent or property manager to be registered with a redress scheme
• Pest issues which are caused by a building defect
• Damage to your home caused by a defect in a neighbours property (e.g. leak)
• Filthy and verminous properties 
• Overcrowding assessments
• Private Renting Advice

What we can't assist with

• Deposit Disputes - see section on 'Renting a home'
• Compensation requests - The Council does not have any legal authority to direct your landlord to offer compensation. We advise you seek independent legal advice prior to action.
• Disrepair which is aesthetic or does not present a moderate to severe hazard
• Disrepair which is historical or has been rectified prior to visit by an officer
• Harassment by neighbours or fellow tenants
• Leasehold service charges or breaches of the lease, contact the Leasehold Advisory Service 
• Overgrown gardens ,high hedges or overgrown trees. 
• Civil disputes e.g. boundary disputes, parking issues and fence repair

When you ask us to intervene there are several stages to an enforcement investigation

1. Initial request for assistance 

The service request will be logged by our admin team and allocated to an officer, who will aim to contact you in 5 working days. In the event of a serious incident such as an illegal eviction we will aim to respond to you within 1 working day. When you submit a service request, we will need your full name and contact details, the property address, your landlords name and contact details, any relevant photos and a copy of the tenancy agreement. Officers will prioritise investigation of cases based on risk and the information provided. You will be asked to confirm the date your concern was reported to your landlord or agent, so we can assess if they have been given reasonable time to take action.

2. Investigation 

When your allocated officer contacts you, they may schedule an inspection of the property to gather evidence. During the inspection you will be advised if we are able to assist you. After the inspection, your officer will risk assess the issue and decide a course of action and the legal basis for intervention. If no inspection is required we may ask for additional evidence or the taking of witness statements.  

In the majority of disrepair cases, officers would usually write to the landlord with an informal 'schedule of work' which is set out in our Enforcement Policy. It is expected that landlords work with us to resolve issues in their properties and providing an informal opportunity to do so is fair. Officers will however consider factors like harm to the occupier, and the landlords culpability. In severe cases we may proceed to enforcement first, this is based on the judgement of a professionally qualified officer and input from the wider enforcement team. Once the date issued on the 'Schedule of works' has lapsed we will arrange to re-inspect the property to assess compliance. Where we have investigated and proved offences of illegal eviction or housing related harassment, no informal opportunities to comply are provided.

3. Service Request Resolution

In cases where your landlord has complied

If all enforceable works have been completed, the case will be closed but will remain on file for up to 6 years.

This does not prevent you taking your own legal action to seek compensation under the Homes Fitness for Habitation Act, Rent Repayment Orders, Redress Scheme Complaints or Small Claims Court process.

In cases of non-compliance

Where a landlord does not comply with informal intervention, we will consider use of enforcement action. Your landlord or agent may be invited into the Council for an Interview Under Caution to discuss and document any reasons for the non-compliance. Enforcement action at this stage may result in a Civil Penalty of up to £40,000 depending on the offence.

If the non-compliance is persistent and considered a criminal offence (failure to licence an HMO, failure to comply with an Improvement notice or illegal eviction) Warwick District Council and our legal Team may pursue a criminal prosecution which may result in criminal convictions, unlimited fines or a banning order. This course of action is reserved for the most serious cases.

 

Finding a home

The Shelter website has great advice on how to rent a private property. Tenants usually search for privately rented property online via websites such as Rightmove , Zoopla and Openrent. Tenants looking to rent a room in a shared house typically search on Spareroom. Visiting lettings agents in person and making enquiries on local social media pages can also be successful. 

From 1st May 2026 the rules on advertising and selecting tenants change:

• Landlords cannot discriminate against potential tenants due to receipt of housing benefits, having children or other protected characteristics.
• They cannot ask for more than 1 months rent in advance.
• The rental cost must be displayed on any advertising.
• They cannot choose another tenant because they offer to pay more rent than was requested. This is known as 'rental bidding'.

Application Fees

There are existing controls on what fees an agent/landlord can and cannot ask for when you apply for a property. Landlords and agents are prohibited from charging the following fees; application fee, inventory fee, guarantor fee, credit check fee, referencing fee and fees for services such as gardening and cleaning. These fees have been made illegal in any form by the Tenant Fees Act 2019.  The deposit a landlord or agent can ask for is capped at 1 months rent. If a landlord initially takes a holding deposit, this is capped at 1 week's rent. If you are being asked to pay a banned fee, you can report this to Warwickshire Trading Standards via the Citizens Advice Bureau.

It is not unlawful for landlords and agents to choose a tenant based on referencing and credit checks. If you have evidence of rental discrimination, that you were outbid on rent, asked for more than one months rent in advance or a property is being advertised without the rental cost, please email us at privatesectorhousing@warwickdc.gov.uk.

 

Renting a home

Your landlord must keep the property you live in safe and free from health hazards. This includes fire, gas and electrical safety. You can visit GOV.UK to find out more about your landlord's safety responsibilities. Before you sign a tenancy agreement your landlord or agent should give you specific information which could influence your decision to take the property or not. 

Your landlord or agent must give you:

• The Energy Performance Certificate (EPC) for the property. It tells you how efficient the property is and what your gas/electric usage might be. If the property is not efficient, expect to pay higher bills to keep the property warm. Peoperties rated F & G must not be let unless the landlord has registered a valid exemption.
• The Gas Safety Certificate . If your landlord has not provided a gas safety certificate you can report them to the Health and Safety Executive (HSE). 
• Evidence that your deposit has been protected . If your landlord or agent does not protect your deposit within 30 days of receiving the money, you may be able to claim compensation.
• The Electrical Installation Condition Report (EICR). Landlords must provide the EICR to the tenants. If your landlord does not provide the Council with a copy the EICR within 7 days of our request, they may have to pay a fine. The starting point for a first offence is £1,000.

From 1st May 2026 all private sector tenancies become monthly/weekly rolling (assured periodic) tenancies. Tenancies will no longer have a fixed term and most tenants can tenants can leave after giving two months notice. There is no need to request an update to your tenancy agreement as the changes happen automatically. Agents and landlords will have to provide new tenants with a 'Statement of Terms' before they sign the tenancy agreement. They will also have to provide this to existing tenants who do not have a written tenancy agreement but may have a verbal contract. All other existing tenants must be provided with the Information Sheet which explains how the Renters Rights Act 2025 changes their tenancy. Failing to provide the 'Statement of Terms' or 'Information Sheet' can result in a penalty of up to £7,000.

Your Deposit

You should avoid paying your deposit in cash to avoid falling victim to a rental fraud scam and to ensure you can prove when the money was received. From the date you pay your deposit to the landlord or lettings agent, they have 30 days to place it in a registered scheme and provide you details of the scheme and how to contact them. The deposit scheme will handle any disagreements about deposit deductions at the end of your tenancy. The council have no powers relating to deposit disputes. The schemes a landlord/agent can use are the Deposit Protection Service, MyDeposits and Tenancy Deposit Scheme. If your landlord/agent does not protect your deposit in 30 days, you can apply to the County Court for compensation.

Poor service from a lettings or management company

If a person or company manages or lets property on behalf of a private landlord, they are legally required to hold a Redress Scheme membership with either The Property Ombudsman or The Property Redress Scheme unless they are managing the property on behalf of a close relative. This includes management companies acting on behalf of a Freeholder. The Redress Schemes can deal with complaints the Council cannot, such as poor service and communication issues. Landlords or tenants can complain about the service received to the scheme their agent is registered with. If they are not registered the Council may issue a civil penalty of up to £4000.

 

Disrepair and Hazards 

The guide ‘How to rent a safe home’ explains your landlords responsibilities and some of the hazards to watch out for.

You must report repair issues to your landlord, housing association or agent first, and give them time to respond before contacting us. For repair issues in a Warwick District Council property, please contact the Assets Team.

If you need assistance with disrepair please email privatesectorhousing@warwickdc.gov.uk with the details of your complaint , your tenancy agreement and photos of the repair issue. If we have health and safety concerns, we will arrange to inspect your property.  Following the inspection, the repair issues will then be risk assessed by a professionally qualified officer who will determine if the landlord or agent can be required to undertake the works under Part 1 of the Housing Act 2004 or other delegated powers.

The officer will then issue a schedule of works with timeline for completion. Your landlord will usually be given an informal opportunity to make repairs before we pursue formal enforcement action. 

We are unable to assist with repairs that don't present a hazard to the occupier under the Housing, Health and Safety Rating System or are covered by other regulations e.g. Fences, Hedges, neighbours gardens, decor or aesthetic repair. Repairs that are calculated to be a Category 1 Hazard will be addressed. Officers will use discretion in resolving less serious Category 2 hazards  based on risk to the occupier and landlord culpability. Officers do not usually take enforcement action for low scoring category 2 hazards (banded F-J) which present a low risk to the occupier.

Damp and Mould

Damp can be a common issue UK homes and causes all sorts of problems, including mould growth on walls/furniture, damage to decor, timber to rot and electrical hazards if there is a water leak.

Mould growth can be harmful to your health, particularly in young children and the elderly. We will always ask you to clean any visible mould patches, which helps reduce ongoing exposure to mould spores. It is important to use appropriate cleaners to clear the mould whilst the underlying cause is investigated. Please take clear photos of the mould growth showing the extent and location in the room prior to cleaning.You may find it helpful to purchase thermometers with a moisture reading facility to monitor conditions at home and gather evidence. If the mould growth is caused by a building defect, your landlord can be required to arrange for cleaning and treatment.

You must report repair issues to your landlord, housing association or agent first, and give them time to investigate and rectify the issue before contacting us. For repair issues in a Warwick District Council property, please contact the Assets Team. 

The most common cause of damp at home is condensation, but it not the only cause with penetrating damp and rising damp also introducing moisture to the home.

Our Damp and Mould leaflet will help you identify the possible causes and what action can be taken.

Condensation

Condensation is the most common cause of damp and mould, but it is also the easiest to treat. Condensation occurs when warm moist air hits cold walls, causing water droplets to form. Signs of condensation are water droplets on glass, mirrors and pipework. In severe condensation cases you may have water running down your walls and windows. If the condensation isn't dried, mould can form in days. Mould growth due to condensation is remedied by increased ventilation, reducing moisture and cleaning as soon as mould spores appear. There are steps you can work into your routine to prevent condensation forming:

• Try to keep the property at a steady temperature and kept above 15C.
• Check they efficiency of your extractor fans with a piece of paper held in front. Clean clean fans monthly to prevent dirt and dust accumulating.
• Keep window vents open and don't cover air bricks.
• When condensation forms, dry it to prevent mould or the moisture re-circulating.
• Don't push furniture right up against the walls, airflow is key.
• Keep doors to kitchens and bathrooms closed.
• Don't dry clothes on radiators. 

Where condensation issues occur in specific locations, your landlord may be requested to undertake works on a preventative basis if there are reasonable physical improvements that can be made e.g. fitting trickle vents to windows, addressing insulation issues, installing PIV units and fitting secondary glazing where possible. 

Penetrating Damp

Penetrating damp is when water is entering your home from a particular source, usually you would see a water stain that grows larger over time. Penetrating damp is resolved by fixing the structural cause. Penetrating damp is often caused by roof leaks, blocked or faulty guttering, cracks in external brickwork or render, plumbing issues and leaks from a neighbouring property/flat.

It is helpful to officers if you can mark the edge of the water stain lightly in pencil. Take note of whether the patch grows or stays the same and if the patch grows during rain.

Rising damp

Rising damp is the least common form of damp and occurs when groundwater soaks into the bricks/floor slab at floor level. There would usually be a water stain at low height and the issue is usually caused by failure of the damp proof course, bridging of the damp proof course due to increased ground levels or added structures or insufficient ventilation to the sub floor which can rot floor joists. Take a walk around the property and try to locate the level of the damp proof course,check the ground level is below your damp proof course. If you have airbricks, check they are not covered by debris or vegetation.

The Government has set out how the expect landlords and agents to respond. We expect to see a genuine attempt to investigate the issue and remedial or preventative action taken. Any remedial works should be monitored with the tenant to ensure they have resolved the issue. 

Harassment & Eviction by your landlord

Eviction 

Landlords must follow a specific legal process in order to gain possession of their properties. Unless a tenant has chosen to leave during the notice period, it is not lawful for them to be evicted by anyone other than a court appointed Bailiff carrying out a court order.

Since 1st May 2026, landlords can no longer issue 'no fault' Section 21 notices to vacate the property. If a section 21 notice was served before the 1st May deadline they can still be enforced. You can contact our Housing Advice Team to have the validity checked. Landlords with assured periodic tenants can only use a 'Section 8 Notice' in certain circumstances, which the landlord will have to prove. Forcing a tenant unlawfully from a property is a criminal offence which if proven, will result in a Civil Penalty of up to £40,000 or a prosecution. Local Authorities have a duty  to investigate and take formal enforcement where possible.

If you are not a tenant but a licensee or on a common law tenacy e.g. in supported accomodation, accomodation provided by your employer/university or living with your landlord as a lodger, please contact Private Sector Housing or Housing Advice for tenure specific advice as the possession process may be different. We are aware of landlords/agents operating in our area who are issuing sham licence agreements. If you are unsure about your status as a tenant or licensee, the Shelter 'Tenancy status checker' may help.

To pursue formal action, we need good cooperation from the affected tenant, this may involve giving a witness statement, providing evidence we request and attending court to give evidence in support of the case. If a tenant does not wish to support court action, we may be unable to pursue a case against the Landlord or Agent involved. 

Harassment

The type of harassment that the Private Sector Housing Team can investigate is very specific. If your landlord or agent is engaging in a series of behaviours or actions that is designed to force you from the property, that may fall under our jurisdiction. It doesn't include harrassment from a fellow tenant or neighbour, harrassment that is not designed to force you out of the property should be reported to Warwickshire Police.

What can tenants do

• Keep a diary, start to document everything in writing such as dates and times of landlord visits
• Keep communication in written form (emails/texts) and avoid phonecalls
• Gather documents - your tenancy agreement, proof of rental payments, emails and texts from your landlord/agent
• Home security cameras - consider doorbell cams and other in home cameras to document any access attempts
• Change the lock - if you are considering this, you are advised to use a professional locksmith as you could be liable for any damages to the door. You should not dispose of or damage the original lock as this is the landlords property.

If a landlord or Agent does not follow the legal process, excludes you from the property unlawfully or applies undue pressure to force you to vacate, contact Private Sector Housing on 01926 456359. 

If you are feeling overwhelmed and at risk of eviction please contact the Housing Advice Team for emergency assistance. You can call the team on 01926 456129, email hadvicesupport@warwickdc.gov.uk or fill out a self-referral form on our website.

Tenants who have been forced from their property via harassment or illegal eviction, can apply for a refund of up to 2 years rent through an application to the First Tier Property Tribunal. Shelter have helpful information on the process and links to the application forms.

Rent Increases and Arrears

Your landlord will only be able to raise your rent once per year and must send you the notice of a proposed rent increase on a specific 'Section 13' form. They cannot raise rent in the first 12 months of your tenancy.

If your rent is due monthly or weekly the landlord must give you at least 1 months notice. The notice period increases if you pay rent quarterly or yearly. If you think the rent increase is too much you can challenge it by applying for a Rent Tribunal. The Council doesn't have legal powers to set or challenge rent on your behalf. We advise that you check websites like Zoopla and Rightmove to see what the current market rent for similar properties is. The Shelter website is a very good source of advice on the process and tenants can obtain legal advice.

If you are pressured to accept the rent increase or leave the property it could be considered harassment or an attempt to illegally evict you. Landlords or agents cannot evict assured tenants for challenging a rent increase. If you experience this please report it to us at privatesectorhousing@warwickdc.gov.uk

Rent arrears and financial advice

If you are worried about rent arrears or the cost of living and would like support, there are several specialist providers on hand to help with sensitive, non-judgemental advice. They can assist with debt advice and other financial assistance you may be entitled to. The key is to seek help and advice as early as you can.

• Citizens Advice Bureau (CAB) - 0800 144 8848 (10am to 3pm weekdays)
• The Money Advice Service – 0800 138 7777 (8am to 6pm weekdays)
• Shelter – 0808 800 4444 (8am to 8pm weekdays, 9am to 5pm on weekends)

Universal Credit - CAB have a Help to Claim service which can support you in the early stages of your Universal Credit claim, from the application through to your first payment. It’s free, independent, confidential, and impartial. They have online advice about claiming Universal Credit or you can contact an adviser through their free national Help to Claim phone service, 8am to 6pm Monday to Friday on 0800 144 8 444  Alternatively, you can make your application directly online.

Council Tax Reduction - The amount of reduction that you may receive will depend on your circumstances and how much Council Tax you pay. For further information and advice, visit our website for the online entitlement calculator and application form.

Discretionary Housing Payment (DHP) - If you are struggling to pay the rent and need temporary help, DHP could be available to cover the shortfall between your benefits and rent. Each application is considered on its own individual circumstances, in particular the effect the shortfall in the housing element of Universal Credit would have on the household.  For further information and the application form, visit our benefits section.

Cost of Living - our webpage covers all sources of help we are aware of for daily living costs, including bills, food, childcare costs and many more.

Rent repayment order

If you are looking to rent a property with friends or a room in a shared house check the licence. Properties housing three or more tenants from two or more households (3 unrelated sharers or a couple plus a friend) require a licence. If the landlord failed to apply or maintain the licence you can apply for a 'Rent Repayment Order' for the return of up to 2 years rent through an application to the First Tier Property Tribunal. Shelter have helpful information on the process and links to the application forms.

There are a number of other offences where you may be eligible to apply for a rent repayment order including:

• Using force to enter the property unlawfully
• Unlawful eviction or harassment of occupiers
• Failure to comply with an 'Improvement Notice' 
• Failure to comply with a 'Prohibition Order'

Access by the landlord and contractors

Your landlord should give you 24 hours written notice that they or a contractor intend to visit and if it is not convenient you should reschedule this with the landlord. The landlord or their contractors should not visit unannounced and are not allowed to enter the property without the tenants permission. If you live in a House in Multiple Occupation (HMO) and only rent a room then the landlord can enter the communal areas at a reasonable time for a genuine reason without notice, but may not enter your room. You are still entitled to the implied right to quiet enjoyment and we reccommend that landlords still give 24 hours notice of entry to the communal parts. 

It is good practice for Landlords to visit and inspect the property to check the property condition. It is recommended that where possible, tenants allow access. If your landlord is regularly accessing the property without permission you should start to gather evidence, note down the days and times and consider a doorbell camera. You can report this to us for informal intervention with the landlord, to the Anti Social Behaviour Team if this is causing fear and distress or to Warwickshire Trading Standards as breach of your right to quiet enjoyment under your rental contract.

Where access is unrerasonably restricted we may be unable to enforce repairs.

Contact Us

If you have any concerns regarding your tenancy or issues with your landlord or agent, please contact the Private Sector Housing Team for assistance.

Telephone 01926 456359 or e mail privatesectorhousing@warwickdc.gov.uk