Before You Rent

When you’re looking for a place to live, don’t rush into signing a tenancy agreement. Take time to:

• Check the landlord or real estate agent

• Inspect the condition of the property

• Understand the terms and conditions of the tenancy

• Think about your rights, responsibilities, and costs at the start, during, and at the end of the tenancy.
  

Remember: even if you are eager to secure a home, once you sign, you are legally bound by the agreement.

Renting From a Landlord vs a Real Estate Agent

Renting directly from a landlord may mean:

• Fewer upfront requirements

• Fewer references

• Less likelihood of a formal credit check
  

Renting through a real estate agent (property manager) may mean:

• You report repairs to the agent, and they deal with the landlord

• You can complain to the agency if you’re unhappy with the property manager’s service

• You can ask the agent about the area and the building
  

Sometimes agents only find the tenant and prepare the lease, but the landlord manages the property afterwards. Make sure you know who you report problems to once you move in.

Finding a Property Safely

You can find rentals through:

• Property websites and real estate sites

• Local agents’ offices

• Word of mouth, notice boards, and newspapers
  

Consumer Affairs recommends:

• Never pay any money (deposit, rent in advance, “holding fee”) before viewing and inspecting the property.

• Take someone with you to viewings for safety and a second opinion.

• If an existing tenant shows you the property, get the landlord’s contact details and call to confirm:

  • They gave permission to show the unit, and

  • The property is genuinely available.
    

Be Careful with Subletting

Do not agree to rent (“sublet”) directly from an existing tenant unless the landlord has given written permission to sublet in the tenancy agreement.

If the landlord has not allowed subletting, they may legally evict both the original tenant and you.

Key Questions to Ask Before You Say Yes

Before you agree to rent, ask the landlord or agent:

• Rent & payments

  • How much is the rent and how often is it paid?

  • How should rent be paid (bank transfer, standing order, etc.)?

  • Is any rent required in advance?

• Bills & utilities

  • Does rent include electricity, water, gas, internet, or any other bills?

  • Are water and electricity meters shared with other units?

  • If shared, how will bills be split? (Note: Consumer Affairs recommends dividing by the number of people, not just the number of units, to keep things fair.)

• Length & flexibility

  • How long is the tenancy (month-to-month, 6 months, 1 year, etc.)?

  • Can you renew at the end?

  • Can you end the tenancy early, and if so, how?

• Deposit

  • How much is the damage/security deposit?

  • Will any part of it be returned if you comply with your obligations?

• House rules

  • Are there any conditions like no pets, no smoking, or restrictions on guests?
    

Make sure these details are written clearly in the tenancy agreement before you sign.

Background Checks & Your Personal Information

Before renting to you, a landlord or agent may ask for:

• References from your current or previous landlord(s)

• A reference from your employer confirming your job and income

• Evidence you can afford the rent (e.g., redacted bank statements)
  

Consumer Affairs recommends you:

• Get the full name and contact details of the landlord or agent

• Never share full banking details (e.g., account numbers)

• If you provide bank statements, black out sensitive information (account numbers, card numbers)
  

Credit Checks

A landlord or agent may ask your permission to do a credit check. Under the Personal Information Protection Act 2016 (PIPA), they must have your consent to access this information.

You can:

• Offer to obtain your own credit report from your bank or provider

• Provide a copy with your account numbers blacked out
  

If you have poor credit:

• Be honest and explain the situation

• Offer a larger deposit, more rent in advance, or a guarantor who agrees to pay the rent if you cannot

Financial Assistance & Discrimination

If you are struggling to afford rent, you may be able to apply to the Department of Financial Assistance for:

• A housing allowance to help cover rent

• Possible help with a damage deposit (e.g., a deposit loan you repay over time)

If you already receive housing assistance, you may be able to request a review if your existing allowance does not cover your rent.

If a Landlord Refuses You Because of Financial Assistance

Some landlords or agents may say they will not rent to people who receive housing benefits from Financial Assistance.

If this happens, Consumer Affairs suggests you:

• Ask them to:

  • Do a proper affordability check

  • Consider extra references showing you paid rent on time

  • Accept a guarantor
    

If the landlord or agent has a blanket “no Financial Assistance tenants” policy:

• Write to them and ask them to reconsider.

• If they refuse or don’t respond within 7 days, contact the Superintendent of Real Estate.
  

However, if you genuinely cannot afford the rent even with assistance, the landlord still has the right to decline.

During Your Tenancy: Repairs & Dampness

Who Is Responsible for Repairs? Generally, your landlord is responsible for major items, including:

• The structure of the property (walls, roof, windows, doors)

• Sinks, baths, toilets

• Pipes and wiring

• Heating and hot water

• The safety of gas and electrical installations
  

You are usually responsible for:

• Minor repairs (light bulbs, some fuses, basic upkeep)

• Damage caused by you or your guests
  

You are not responsible for damage caused by trespassers or vandals.

Damp and Mold

Because of Bermuda’s humid climate, dampness is common. It can appear as:

• Rising damp – moisture coming up from the ground into the walls

• Penetrating damp – water coming through from outside (e.g., leaking gutters or cracked walls)

• Construction damp – due to poor design or construction

• Condensation damp – from everyday moisture combined with poor insulation, heating, or ventilation
  

In many cases, the landlord is responsible where damp is linked to:

• The structure or exterior of the building

• Problems with roofing, walls, doors, windows, plumbing, or drainage

• A level of damp or mold that makes the home unsafe or unhealthy
  

However, how you live in the property also matters. Things like:

• Using unvented dryers

• Drying clothes on heaters

• Blocking air vents or not using fans/AC “dry” settings can make it harder to show the landlord is fully responsible.
  

Always report damp and mold problems early, in writing, and keep a record.

Unsafe or Unfit Living Conditions

Your home may be considered “unfit for human habitation” if, for example:

• There is serious dampness or mold

• It is extremely hot or cold

• It is overcrowded

• There are pests (rats, mice, cockroaches, etc.)

• The water supply is unsafe (e.g., tank and roof not cleaned or water not tested)
  

Your landlord is responsible for making sure the home is fit to live in, unless you caused the problem by neglect or dangerous behaviour.

If you believe your home is unfit:

• Contact the Department of Environmental Health

• An Environmental Health Officer can inspect and, if needed, order the landlord to fix the issue

Asking for Repairs

If you notice a problem:

• Write to your landlord or agent as soon as possible

• Explain:

  • What the problem is

  • When it started

  • How it is affecting you
    

Landlords must carry out necessary repairs within a reasonable time, depending on how serious the problem is (e.g., no hot water is more urgent than a dripping tap).

If you delay reporting problems and they get worse, you could be held responsible for some of the damage.

Consumer Affairs recommends you gather evidence, such as:

• Photos and videos of the damage (before and after, if it gets worse)

• Copies of all letters, texts, emails, and notes of calls

• Receipts for any items you had to replace

• Medical letters if your health was affected

• A copy of your tenancy agreement
  

Unless it’s an emergency, your landlord should give you at least 24 hours’ written notice before entering your home to inspect or repair.

If Your Landlord Refuses to Repair If your landlord will not fix serious problems:

• Do not stop paying rent on your own.

Withholding rent without a court order can put you in rent arrears and give your landlord grounds to evict you.

Instead:

• Submit a formal written complaint to your landlord, giving a clear deadline (e.g., 20 working days) to:

  • Complete the repairs, or

  • Reimburse you for repair costs you have already paid

• Keep copies of all letters and responses.

• If there is still no action, you can:

  • File a complaint with Consumer Affairs

  • Consider legal proceedings for:

    • An order forcing repairs and/or

    • Compensation for damage or ill health
      

In some cases, you may also apply to the court for a “stay in rent” (permission to temporarily withhold rent until repairs are carried out or reimbursement is made). Courts will consider:

• Which law applies (Landlord and Tenant Act 1974 or Rent Increases (Domestic Premises) Control Act 1978)

• Whether you’re already in rental arrears
  

If you go to court, you’ll likely:

• Pay filing fees

• Need strong evidence (photos, reports, invoices, medical letters, correspondence)

• Face a landlord who may have legal representation
  

If you win, the court may:

• Order the landlord to complete repairs

• Award you compensation

• Order the landlord to pay some or all of your legal costs
  

If the property is found to be unsafe to live in, you may also need to find new accommodation.