Property Guardian Rights and Responsibilities in the UK

As a property guardian, you have specific rights and responsibilities that differ from traditional tenants. Understanding these is crucial before signing a licence agreement.

Your Rights as a Property Guardian

Right to Quiet Enjoyment

You have the right to live peacefully in your space without unreasonable interference from the guardian company or property owner. While inspections are more frequent than in tenancies, they must be conducted reasonably.

Notice Before Entry

Guardian companies must give you reasonable notice before inspections or visits, typically 24-48 hours. Emergency access may be required without notice in genuine emergencies only.

Safe Living Conditions

Properties must meet basic health and safety standards:

  • Working fire alarms and extinguishers
  • Safe electrical installations
  • Gas safety certificates where applicable
  • Adequate heating and hot water
  • Secure entry points

Written Agreement

You're entitled to a clear written licence agreement setting out all terms, fees, and conditions before you move in.

Notice Before Eviction

Most guardian agreements require a minimum notice period (typically 28 days) before you're asked to leave. Check your specific agreement for details.

Rights You Don't Have

Unlike tenants with assured shorthold tenancies, guardians lack:

  • Protection under the Housing Act 1988
  • Statutory 2-month minimum notice (Section 21)
  • Right to challenge eviction through housing tribunals
  • Mandatory deposit protection schemes
  • Eligibility for housing benefit (usually)

Your Responsibilities

Primary Residence

You must use the property as your main home. Most agreements prohibit using it as a second home or holiday property.

Property Care

  • Keep your space clean and tidy
  • Report maintenance issues promptly
  • Don't cause damage beyond normal wear
  • Maintain heating to prevent damp

Security

As a guardian, you provide security through occupation:

  • Lock doors and windows when leaving
  • Report suspicious activity
  • Don't share access codes or keys

Comply with Rules

Typical restrictions include:

  • No subletting or long-term guests
  • No pets (unless agreed)
  • No smoking indoors
  • No alterations without permission
  • Respect quiet hours and neighbours

Allow Inspections

You must allow access for scheduled inspections with reasonable notice, typically monthly or quarterly.

Vacate When Required

You must leave within the notice period when the property is needed by the owner.

What to Do If Your Rights Are Violated

  1. Document everything - Keep records of issues, communications, and dates
  2. Raise concerns in writing - Email your guardian company with specific complaints
  3. Seek advice - Contact Citizens Advice or Shelter
  4. Consider legal action - For serious breaches, consult a housing solicitor

Learn More

Explore our complete guide to property guardianship.

Property Guardianship Guide Compare Companies