Renting from Family Members: Your Rights in England

Many people in England choose to rent from family members, whether for flexibility, convenience, or to help each other out. But there are important legal considerations to keep in mind. Whether your landlord is a parent, sibling, or other relative, both renter and owner must still follow certain tenancy laws. This guide explains your rights, key rules, and what to watch out for when renting from family in England.

Is It Legal to Rent from Family in England?

Yes, you are allowed to rent from a family member in England. Legally, there is no restriction preventing family rental arrangements. However, renting from family often comes with special challenges, especially around formal tenancy agreements, tenancy types, and eligibility for housing support.

Key Things to Know About Renting from Family Members

• Most arrangements are covered by the Housing Act 1988 ^[1] (for assured and assured shorthold tenancies).
• Your rights and responsibilities are similar to renting from any other private landlord—if you have a proper tenancy agreement.
• Rules around eviction, repairs, rent increases, and notice periods will depend on your tenancy type.
• If you live with your family landlord (for example, renting a room in their home), you may not have a standard tenancy.
• Claiming Housing Benefit or Universal Credit for rent to a family member has strict conditions and can be affected by informal arrangements.

Tenancy Types and Your Rights

Most renters living independently from their landlord (even if they are related) will have an Assured Shorthold Tenancy (AST). This gives you standard legal protections, such as deposit protection and rules about eviction. However, if you share living space with your landlord-family member, or the arrangement is informal, your rights can differ.

Typical Scenarios

• Living in a separate property owned by a relative: You likely have an AST.
• Renting a room in a family member’s home: You may be a lodger or have an ‘excluded tenancy’—less legal security.

For official guidance, review the UK government’s tenancy agreements advice.

Benefits and Universal Credit: Renting from Relatives

You may be able to claim Housing Benefit or the housing element of Universal Credit to help with rent. However, if you rent from a close family member who lives with you, you usually can’t claim; and even if they live elsewhere, you must show it's a genuine commercial agreement—not just an informal family arrangement.

• Benefit assessors look for clear rental agreements, regular rent payments, and proof the arrangement isn’t just for convenience.
• If rent isn’t enforced or can be skipped, your claim can be refused.

See official guidance at Housing Benefit and Universal Credit housing costs.

Practical Example: Applying for Housing Benefit

Tenancy Agreements and Official Forms

Even with relatives, having a written tenancy agreement protects both sides. It sets out agreed rent, responsibilities, and rules for ending the tenancy.

• Model Tenancy Agreement (England): Use the government’s Model Agreement for a Shorthold Assured Tenancy. This is not a form sent to government, but a template to formalise your terms.
• Form 6A: Section 21 Notice: If your family landlord wishes to end an AST, they must serve a Form 6A (Section 21) for no-fault eviction. (Example: Your parent wishes to sell the flat you rent from them; they must give you legal notice using Form 6A.)
• Form 3: Section 8 Notice: For eviction with grounds (e.g., rent arrears), your landlord should use Form 3 (Section 8). For example, if you fall behind on rent, they must give you this notice to start possession proceedings.

If you need to challenge a notice or dispute your rights, you may apply to the First-tier Tribunal (Property Chamber – Residential Property), which handles residential tenancy issues in England.

Common Issues and Action Steps

Renting from family is often informal—make sure both parties agree to clear terms, ideally in writing. If issues arise:

• Have open conversations to resolve minor disagreements quickly.
• Formalise the arrangement using written agreements where possible.
• If you face eviction or disputes about repairs, follow the same steps as with any landlord, including serving notice, using official forms, and seeking help if needed.

Keep records of all rent payments and communications with your family landlord, as you would with any private landlord. This is especially important if claiming benefits or if disputes arise.

FAQ: Renting from Family in England

1. Can I claim Housing Benefit or Universal Credit if I rent from family?
   Yes, but there are restrictions. You usually cannot claim if your landlord-family member lives with you, and the arrangement must be clearly commercial. The benefits office may ask for a formal tenancy agreement and proof of regular rent payments.
2. What type of tenancy do I have if I rent from a relative?
   If you live independently (not sharing with your landlord), you likely have an Assured Shorthold Tenancy. If you rent a room in their home where they live, you may be a lodger or have an excluded tenancy, which has less protection.
3. Does my landlord (relative) have to use official eviction forms?
   Yes—if you have an AST, they must use official forms like Form 6A (Section 21) or Form 3 (Section 8). Find out more at the government's tenancy forms page.
4. Is a verbal rental agreement enough with family?
   Verbal agreements are legal but not recommended. Written agreements protect both landlord and tenant. The government provides a model tenancy agreement.
5. What if I have a dispute about rent or repairs?
   Try to resolve the issue directly. If not, you have the right to contact your local council’s housing team, and in some cases, the First-tier Tribunal (Property Chamber) for tenancy-related problems.

Key Takeaways

• You can rent from family in England, but having a formal agreement is crucial.
• Benefit claims require strict proof that your rental is commercial and not just an arrangement between relatives.
• Use official forms and know your legal rights—don’t rely on informal understandings.

Need Help? Resources for Renters

• GOV.UK: Private Renting – Tenancy rights, eviction, and repairs explained
• Shelter England – Housing Advice – Free expert support and practical guides
• First-tier Tribunal (Property Chamber – Residential Property) – For disputes and appeals
• Find your local council – Report issues or get local housing help

---

1. [1] Housing Act 1988
2. GOV.UK: Tenancy Agreements
3. Model Shorthold Tenancy Agreement
4. Form 6A (Section 21 notice)
5. Form 3 (Section 8 notice)
6. Housing Benefit guidance
7. Universal Credit: Housing Costs
8. First-tier Tribunal (Property Chamber – Residential Property)

Categories

Tenant Rights & Responsibilities Rent, Deposits & Increases Tenancy Types & Agreements Moving In & Out Procedures Repairs, Maintenance & Housing Standards Eviction Notices & Repossessions Shared Housing, HMOs & Lodgers Discrimination, Harassment & Accessibility Utilities, Bills & Council Tax Affordable Housing, Social Housing & Benefits Dispute Resolution & Housing Tribunals Health, Safety & Fire Regulations Privacy, Landlord Entry & Surveillance Unusual & Special Tenancy Situations Renters’ Insurance & Liability Homelessness Support & Post-Eviction Help Landlord Duties, Licensing & Penalties Housing Law, Legal Updates & Case Studies Mental Health, Disability & Vulnerable Renters’ Rights Rent Repayment Orders & Compensation