Your rights as a Tenant

Private tenants have legal rights concerning tenancy terms, deposits, repairs, safety, rent increases, access to the property and eviction.

Before agreeing to rent a property, check the written terms carefully and obtain advice where anything is unclear. The absence of a formal document does not necessarily mean that no tenancy exists.

This guide principally covers private renting in England. Wales has a separate system under the Renting Homes (Wales) Act 2016, while Scotland and Northern Ireland also have different tenancy laws.

Changes to Private Tenancies in England

On 1 May 2026, major changes came into force under the Renters' Rights Act 2025.

Most existing assured shorthold tenancies automatically became assured periodic tenancies. New assured tenancies created from that date are also periodic rather than fixed-term.

This means that most private assured tenancies:

• continue on a rolling basis;
• do not have a fixed end date;
• can be ended by the tenant by giving the required notice; and
• can be ended by the landlord only by relying on a valid legal ground and following the correct procedure.

Section 21 "no-fault" eviction is no longer available for assured tenancies in England.

Written Tenancy Information

For a new assured tenancy created on or after 1 May 2026, the landlord must provide specified written information before the tenancy is agreed or signed.

This information should normally include:

• the landlord’s name and address;
• the property address;
• the amount of rent;
• when and how rent must be paid;
• the rent period;
• the tenancy deposit;
• the bills for which the tenant is responsible;
• repair responsibilities;
• the tenant’s right to end the tenancy;
• how the landlord may seek possession;
• information about rent increases; and
• other prescribed tenancy terms.

A tenancy can still arise from an oral agreement, but the landlord may be required to provide the prescribed information in writing.

Tenants should keep copies of:

• the tenancy agreement;
• the written tenancy information;
• the deposit documents;
• safety certificates;
• the inventory;
• rent statements; and
• all correspondence with the landlord or agent.

Tenancy Deposits

A landlord or letting agent taking a tenancy deposit for an assured tenancy must normally protect it in a government-approved tenancy deposit scheme.

The three approved schemes are:

• the Deposit Protection Service;
• MyDeposits; and
• the Tenancy Deposit Scheme.

The landlord or agent must normally protect the deposit within 30 days of receiving it.

Deposit Limits

In England, a tenancy deposit is generally capped at:

• five weeks' rent where the annual rent is below £50,000; or
• six weeks' rent where the annual rent is £50,000 or more.

The limit applies to the total deposit for the tenancy, rather than to each joint tenant separately.

Prescribed Deposit Information

Within 30 days of receiving the deposit, the landlord or agent must normally provide information including:

• the property address;
• the amount of the deposit;
• the scheme protecting it;
• the scheme's contact details;
• how the deposit will be returned;
• when deductions may be made;
• how disputes are handled;
• the landlord or agent's contact details; and
• details of any third party who paid the deposit.

The tenant should check the details directly with the relevant scheme if protection is uncertain.

If the Deposit Is Not Protected

A tenant may be able to apply to the county court where the landlord failed to:

• protect the deposit within 30 days;
• use an approved scheme; or
• provide the required information.

The court may order:

• repayment or protection of the deposit; and
• compensation of between one and three times the amount of the deposit.

A claim may sometimes be made after the tenancy has ended.

Failure to comply may also restrict the landlord's ability to serve certain possession notices until the breach has been remedied or the deposit returned, depending on the circumstances.

Returning the Deposit

At the end of the tenancy, the landlord should return the undisputed deposit within ten days of the parties agreeing how much is to be repaid.

The landlord may seek reasonable deductions for matters such as:

• unpaid rent;
• damage beyond fair wear and tear;
• missing items;
• cleaning required because the property was not left in the agreed condition; or
• another proven breach causing financial loss.

The landlord cannot normally charge the tenant for ordinary wear caused by reasonable use and the passage of time.

Deposit Disputes

Each approved scheme provides a free alternative dispute resolution service.

The scheme may consider:

• the tenancy agreement;
• the inventory;
• check-in and check-out reports;
• photographs;
• receipts and invoices;
• rent records;
• correspondence; and
• evidence of the property’s age and condition.

The landlord normally carries the burden of proving that a deduction is justified.

The parties must agree to use the scheme's adjudication service. Otherwise, the dispute may need to be resolved through the courts.

Inventories and Evidence

A detailed inventory can help prevent disputes.

At the beginning of the tenancy:

• read the inventory carefully;
• record missing or damaged items;
• take dated photographs or video;
• check walls, floors, furniture and appliances;
• record meter readings;
• test alarms where appropriate; and
• send corrections to the landlord or agent promptly.

The tenant should keep evidence of the condition when leaving, including photographs, cleaning receipts and proof that keys were returned.

Landlord Repairing Obligations

A landlord is normally responsible for keeping in repair:

• the structure and exterior;
• the roof, walls, windows and external doors;
• drains, gutters and external pipes;
• water, gas and electricity installations;
• sinks, baths, toilets and sanitary fittings;
• heating and hot-water systems; and
• appliances supplied by the landlord where the agreement requires it.

The landlord must also ensure that the property is fit for human habitation at the beginning of and throughout the tenancy.

Problems may include:

• damp and mould;
• excessive cold;
• unsafe stairs or floors;
• electrical hazards;
• defective heating;
• pest infestation;
• fire risks;
• poor sanitation;
• water leaks; and
• structural instability.

Reporting Repairs

Tenants should report repairs promptly and keep evidence.

A report should normally explain:

• what the problem is;
• when it started;
• where it is located;
• whether it is getting worse;
• any health or safety risk;
• any damage caused; and
• when access can be provided.

Reports should preferably be made in writing, even when the issue was first reported by telephone.

The landlord must be given a reasonable opportunity to inspect and carry out repairs.

What is reasonable depends on the seriousness and urgency of the problem.

Withholding Rent

A tenant should not normally stop paying rent merely because repairs have not been completed.

Withholding rent can create arrears and expose the tenant to possession proceedings.

There are limited circumstances in which a tenant may arrange repairs and seek to deduct the cost, but a strict procedure should be followed. Legal advice should be obtained before taking this step.

If the Landlord Does Not Carry Out Repairs

A tenant may consider:

• sending a formal written complaint;
• contacting the letting agent;
• reporting the property to the council’s private-sector housing team;
• asking the council to inspect for hazards;
• using an applicable redress or ombudsman scheme;
• bringing a disrepair or fitness claim;
• seeking an order requiring work to be completed; or
• claiming compensation where loss has been caused.

The council can inspect under the Housing Health and Safety Rating System and may take enforcement action where serious hazards exist.

The TTenant'sRepair Responsibilities

Tenants must normally:

• take reasonable care of the property;
• use fixtures and appliances properly;
• avoid deliberate or negligent damage;
• report repairs promptly;
• allow reasonable access for necessary work;
• keep the property reasonably clean;
• dispose of rubbish properly; and
• repair or pay for damage caused by the tenant, household members or guests.

A tenant is not normally responsible for damage caused by fair wear and tear or by the landlord's failure to complete necessary repairs.

Gas Safety

A landlord must arrange an annual gas safety check for relevant gas appliances and installations.

The inspection must be carried out by a Gas Safe registered engineer.

The tenant should normally receive:

• a copy of the current gas safety record before moving in; and
• a copy of each new record following the annual check.

The tenant should report any suspected gas leak immediately and follow emergency advice.

Electrical Safety

Private landlords in England must arrange inspection and testing of the fixed electrical installations at least every five years, unless an earlier inspection is required.

A qualified person should carry out the inspection. The tenant should receive a copy of the electrical safety report.

Any urgent remedial work identified should be completed within the applicable period.

Smoke and Carbon Monoxide Alarms

Landlords must normally provide:

• at least one smoke alarm on each storey used as living accommodation; and
• a carbon monoxide alarm in rooms containing specified fixed combustion appliances.

The landlord must ensure that the required alarms work at the start of the tenancy.

Tenants should test alarms regularly and report defects promptly.

Fire and Furniture Safety

The landlord must comply with applicable fire-safety requirements.

Additional rules may apply to houses in multiple occupation, converted buildings and licensed properties.

Furniture supplied by a landlord must normally meet fire-resistance requirements.

Energy Performance

A tenant should normally receive a valid Energy Performance Certificate before the tenancy begins.

The certificate provides an energy-efficiency rating and recommendations for improving the property.

Minimum energy-efficiency standards may restrict the letting of properties with low ratings unless an exemption applies.

Right to Quiet Enjoyment

A tenant has the right to occupy the property without unreasonable interference.

The landlord or agent should not:

• enter whenever they choose;
• repeatedly visit without proper reason;
• cut off services;
• remove belongings;
• change the locks unlawfully;
• threaten or intimidate the tenant; or
• try to force the tenant to leave without following the legal process.

Harassment and unlawful eviction can amount to criminal offences as well as civil wrongs.

Landlord Access

A landlord will normally need access to inspect the condition of the property or complete repairs.

Except in an emergency, the landlord should generally:

• give at least 24 hours’ written notice;
• visit at a reasonable time; and
• obtain the tenant’s agreement to enter.

The landlord should not use a spare key to enter without permission merely because notice was given.

A tenant should not unreasonably refuse access required for necessary inspections, safety checks or repairs.

Rent and Rent Increases

From 1 May 2026, rent increases during assured periodic tenancies in England must normally follow the statutory process.

The landlord can generally increase the rent only once in any 12 months.

The landlord must provide the required notice using the prescribed procedure.

A rent-review clause in an older agreement does not generally allow the landlord to avoid the new statutory process.

Challenging a Rent Increase

A tenant who believes the proposed rent exceeds the market rent may be able to refer the increase to the First-tier Tribunal before it takes effect.

The tribunal will consider the rent the property could reasonably achieve on the open market.

A tenant should obtain advice promptly because strict deadlines apply.

Rent in Advance and Rental Bidding

Landlords and agents must not invite or accept bids above the advertised rent.

New rules also restrict landlords from requiring large amounts of rent in advance. Rent should normally be payable according to the tenancy's monthly or shorter rental period rather than as a substantial advance payment demanded as a condition of letting.

Letting-Agent and Landlord Charges

The Tenant Fees Act 2019 restricts the payments landlords and agents can require from tenants.

Permitted payments generally include:

• rent;
• a refundable tenancy deposit within the legal cap;
• a capped holding deposit;
• specified payments for changing or ending the tenancy at the tenant's request;
• payments for utilities, council tax, television licences and communications where applicable; and
• limited default payments permitted by law.

Prohibited charges may include routine fees for:

• references;
• credit checks;
• viewings;
• inventories;
• administration;
• renewal;
• check-in or check-out; and
• professional cleaning merely because the tenancy agreement demands it.

A tenant may be required to return the property to the same standard of cleanliness as at the beginning, allowing for fair wear and tear.

Discrimination in Renting

A landlord or letting agent must not unlawfully discriminate based on a protected characteristic.

From 1 May 2026, landlords and agents in England are also prohibited from imposing discriminatory barriers merely because a prospective tenant:

• receives benefits; or
• has children.

A landlord may still consider whether a tenant can afford the rent, but should assess individual circumstances rather than applying a blanket ban.

Pets

A tenant may make a written request to keep a pet.

The landlord must consider the request and should not refuse without a valid reason.

Relevant considerations may include:

• the type and size of the property;
• the type and number of animals;
• leasehold restrictions;
• animal welfare;
• health and safety;
• allergies in shared accommodation; and
• whether the property is suitable.

A tenant should obtain consent before bringing a pet into the property where the tenancy requires permission.

Rent Arrears

A tenant struggling to pay rent should act promptly.

Possible steps include:

• contacting the landlord;
• requesting an affordable repayment plan;
• checking Universal Credit or Housing Benefit entitlement;
• applying for a Discretionary Housing Payment;
• contacting the council's homelessness-prevention team;
• obtaining debt advice;
• checking whether the rent has been calculated correctly; and
• responding to all notices and court documents.

Ignoring arrears may lead to possession proceedings and a money judgment.

A landlord must still follow the proper legal procedure and cannot simply remove the tenant or change the locks.

Ending the Tenancy

Ending the Tenancy as a Tenant

A tenant with an assured periodic tenancy can normally end it by giving the landlord the required written notice.

Under the post-May 2026 rules, this is usually two months' notice. However, advice should be obtained where the tenancy type or notice terms are uncertain.

The notice should clearly identify:

• the tenant;
• the property;
• the intended termination date; and
• that the tenant intends to end the tenancy.

Ending the Tenancy as a Landlord

A landlord can no longer use section 21 to end an assured tenancy in England.

The landlord must normally:

• identify a statutory possession ground;
• serve the correct notice;
• give the required notice period;
• prove the ground where necessary;
• apply to court if the tenant does not leave; and
• obtain and enforce a possession order lawfully.

Possession grounds may relate to matters such as:

• serious rent arrears;
• persistent late payment;
• antisocial behaviour;
• breach of tenancy;
• the landlord or a close family member needing to occupy the property;
• the landlord intending to sell; or
• another statutory ground.

The landlord cannot personally evict the tenant without the required legal process.

Illegal Eviction and Harassment

Possible unlawful conduct includes:

• changing the locks;
• physically removing the tenant;
• cutting off gas, electricity or water;
• removing doors or windows;
• threatening violence;
• repeatedly entering without permission;
• removing belongings; or
• pressuring the tenant to leave without a court order.

A tenant threatened with illegal eviction should contact the council and obtain urgent legal advice. The police may also need to be contacted where there is immediate danger or a criminal offence.

Licensing

Some rented properties require a licence.

This may include:

• mandatory houses in multiple occupation;
• properties covered by additional HMO licensing; or
• properties within a selective licensing area.

A tenant can check licensing requirements with the local council.

Operating without a required licence can lead to enforcement action and may result in a rent repayment order.

Complaining About a Letting Agent

Letting agents and property managers who carry out residential agency work must generally be members of an approved redress scheme.

A tenant should normally complain to the agent first. If the complaint is not resolved, it may be referred to the agent's redress scheme.

Complaints may concern:

• poor communication;
• failure to pass on repairs;
• misleading information;
• deposit handling;
• prohibited fees;
• rent administration; or
• other service failures.

When to Contact the Council

The council may be able to assist with:

• serious disrepair;
• damp and mould;
• electrical or fire hazards;
• overcrowding;
• unlicensed properties;
• harassment;
• illegal eviction;
• breaches of landlord duties;
• threatened homelessness; and
• some Renters' Rights Act breaches.

The relevant service may be called private-sector housing, environmental health, housing standards or tenancy relations.

Rent Repayment Orders

A tenant may be able to apply for a rent repayment order where the landlord has committed certain housing offences or statutory breaches.

These can include, depending on the circumstances:

• operating an unlicensed property;
• illegal eviction or harassment;
• breaching a banning order;
• failing to comply with certain improvement or prohibition notices; or
• other specified offences.

The amount recoverable depends on the particular breach, the rent paid and the tribunal's decision.

Insurance and Damage

The landlord is normally responsible for insuring the building. Still, the tenant's personal belongings may not be covered.

Tenants should consider contents insurance and cover for accidental damage or liability where appropriate.

A tenant who negligently causes damage, such as flooding another property, may be financially responsible even where the landlord's insurer initially pays for repairs.

Before Moving In

Before accepting a tenancy:

• check the landlord or agent's identity;
• read the tenancy terms;
• confirm the rent and deposit;
• check which bills are included;
• inspect the property;
• check deposit protection arrangements;
• review the inventory;
• obtain safety documents;
• check any licensing requirement;
• confirm repair-reporting arrangements; and
• avoid transferring money until the property and landlord have been verified.

Before Leaving

Before the tenancy ends:

• give valid written notice;
• check the required termination date;
• pay outstanding rent;
• report unresolved repairs;
• clean the property to the required standard;
• remove belongings and rubbish;
• take dated photographs;
• record meter readings;
• attend the check-out inspection where possible;
• return all keys; and
• provide a forwarding address.

How a Landlord and Tenant Solicitor Can Help

A housing solicitor may assist with:

• reviewing tenancy terms;
• deposit protection claims;
• deposit deduction disputes;
• disrepair and fitness claims;
• rent increases;
• prohibited fees;
• rent arrears;
• possession notices;
• illegal eviction and harassment;
• injunctions;
• housing discrimination;
• licensing disputes;
• rent repayment orders;
• county court proceedings;
• tribunal applications; and
• homelessness and council housing duties.

Finding a Landlord and Tenant Solicitor

Private tenancy law has changed significantly in England. Tenants should not rely on old references to fixed-term assured shorthold tenancies or section 21 notices without checking whether transitional rules apply.

Keep copies of the tenancy agreement, deposit information, safety certificates, photographs and correspondence. Seek advice promptly where there are repair problems, deposit breaches, rent arrears or possession proceedings.

Use the search facility at the top of this page to find a landlord and tenant solicitor who can advise on private renting, deposits, repairs and eviction.

This guide provides general information about private tenants' rights in England. It does not constitute legal advice and should not replace advice about an individual tenancy or dispute.