When posting in our Property category, listings must adhere to the following property policies. Gumtree reserves the right to remove at its discretion any Ads we believe are in breach of the below.
Knowing your legal obligations
- Users listing and replying to our Property Ads are responsible for complying with all applicable laws and regulations.
- When posting in Property, please ensure that you know your legal obligations. Property laws vary, depending on where the property is in the UK, and the type of tenancy or tenant. While we are not able to list every law or regulation in this article, failure to meet your legal obligations may result in your Ad being removed from Gumtree.
Listings
- Only one listing can be posted of the same room and/or property.
- Each listing must only include details of one property.
- Listings for rooms and/or properties that aren’t available to let or buy are not permitted.
- All rooms and/or properties listed must be available to be viewed.
- You must have the right to offer the property for rental/sale and will not breach any law, agreement or contract by doing so.
- If you require consent from any third party (such as a mortgage supplier or freeholder) to market or let the property, you must have obtained the necessary consents.
Responsibilities
- Landlords must comply with all responsibilities as laid out in England and Wales, Scotland and Northern Ireland.
- This includes, but is not limited to, giving a copy of your Landlord Gas Safety Record to tenants, ensuring electrical equipment is safely installed and protecting the tenant’s deposit in a government-approved scheme (for assured shorthold tenancies).
Professional landlords and real estate agents
- Professional landlords and real estate agents must select ‘Yes’ when asked ‘Are you acting as an agent?’. Posting as a non-business is misleading and therefore not allowed.
- Listings from Professional landlords and real estate agents must meet National Trading Standards guidelines. This includes the property’s council tax band or rate and the property price and tenure information (for sales).
- When posting ads for rentals, you may request the type of person you’re looking for, provided you do not discriminate on the basis of the applicable protected characteristics in the Equality Act 2010 (disability, gender reassignment, pregnancy and maternity, race, religion or belief, sex and sexual orientation).
- Any ads which we are made aware of that violate the Equality Act will be removed. This includes “no DSS”, “no housing benefit” or any other ads that prohibit applications from those who rely on state benefits to pay some or all of their rent.
- In addition, we do not allow listings that specify “no children”
Fees
- Property owners in England and Wales may not request fees that are not permitted under the Tenant Fees Act 2019.
EPC requirements
- All domestic rental properties are required to have an Energy Performance Certificate (EPC). All tenants must be provided with a free of charge copy of the property’s EPC.
- Since April 2013, all properties rented in the private rental sector have been required to comply with the Minimum Level of Energy Efficiency standard (EPC band E)
Discounted / free accommodation
- Listings that offer accommodation in exchange for services will be removed.
- This includes, but is not limited to, adverts that violate the Sexual Offences Act 2003 under which ‘sex for rent’ arrangements (discounted or free accommodation in return for sexual relations) are illegal.
Flatmates and people with lodgers
- When posting Ads for flatmates or lodgers, you may request the type of person you are looking for if something called the “small premises exception” applies, provided you do not discriminate on the basis of race (which includes nationality).
- If you are expressing a preference in your Ad, please give an explanation, by, for example, focusing on describing the people living in the property.
Additional considerations
- If your property is outside the United Kingdom, it must be posted within either the Holiday Rentals or International subcategories.
- Caravans may be advertised in Property > Holiday Rentals, depending on the length of the rental.
- All income from self-employment over £1,000 or earnings of more than £2,500 from renting out property must be reported to HMRC.
Tenant Fees Act 2019
The Tenant Fees Act 2019 places restrictions on the types of fees that property owners can charge when renting out a residential property.
Property owners may still request tenants pay the following types of fees:
- Rent
- Refundable deposits capped at five to six weeks’ rent (depending on the yearly rent totals
- Refundable holding deposits capped at one week’s rent
- Payments for early termination of tenancy (when requested by the tenant
- Payments for utilities, communication services, TV licence and Council Tax
- Default fees for late rent payments
- Default fees for lost keys or secure entry devices
Requests for other types of payments such as fees for applications, arranging the viewing, or doing reference checks are unlawful. Note, the Act applies only to residential properties. Commercial properties for rent are not covered by the Tenant Fees Act 2019. More details about the Act are available here.
If you see any private rental Ads requesting these types of fees, please report it to our customer services team as well as to your local Trading Standards office.
