Renting Rights: What Landlords and Tenants Need to Know
The rental market in England has changed significantly in recent years, with new laws strengthening tenant protections. Whether you’re a landlord or tenant, understanding your rights and responsibilities is essential. This guide explains the key legal aspects of private residential tenancies.
Types of tenancy agreements
Most private rentals in England are now Assured Shorthold Tenancies (ASTs), but it’s important to know which type of agreement applies to your situation.
Assured Shorthold Tenancy (AST)
- The most common type of tenancy
- Landlord has an automatic right to repossess property after fixed term
- Most tenancy protections apply
Excluded Tenancies/Licenses
- Lodgers (living with landlord who shares facilities)
- Fewer legal protections
- Usually easier to terminate
Regulated/Protected Tenancies
- Older tenancies (typically pre-1989)
- Stronger tenant protections and rent control
- Rare but still exist
Starting a tenancy: what’s required
For landlords
Before letting a property, you must:
- Ensure the property is safe and free from serious hazards
- Provide an Energy Performance Certificate (EPC) with minimum E rating
- Check your tenant has the right to rent in the UK
- Protect any deposit in a government-approved scheme within 30 days
- Provide tenants with prescribed information about the deposit scheme
- Give tenants a copy of the government’s “How to Rent” guide
- Install working smoke and carbon monoxide alarms
- Ensure gas and electrical safety certificates are valid
- Check local licensing requirements (some areas require all rental properties to be licensed)
Landlords cannot charge:
- Viewing fees
- Tenancy set-up fees
- Credit check fees
- Reference fees
- Renewal fees (These were banned by the Tenant Fees Act 2019)
For tenants
Before renting, you should:
- Check the landlord/agent is legitimate
- Verify any deposit will be protected in a government scheme
- Understand the length of tenancy and break clauses
- Request to see safety certificates
- Clarify what’s included in the rent (bills, council tax, etc.)
- Document the property’s condition (photos, inventory)
- Clarify repair responsibilities
During the tenancy: rights and responsibilities
Landlord responsibilities
- Keep the structure and exterior in repair
- Maintain installations for water, gas, electricity, sanitation, heating
- Ensure the property is fit for human habitation
- Respect tenants’ right to “quiet enjoyment” of the property
- Follow proper procedures for accessing the property (24 hours’ notice)
- Maintain common areas in multi-occupancy buildings
- Provide an address in England or Wales for service of notices
Tenant responsibilities
- Pay rent on time
- Take care of the property
- Not damage the property (reasonable wear and tear is allowed)
- Not make alterations without permission
- Allow access for repairs (with appropriate notice)
- Pay bills as agreed in the tenancy
- Not engage in anti-social behaviour
Rent increases
Landlords can only increase rent:
- In accordance with a rent review clause in the tenancy agreement, or
- By agreement with the tenant, or
- By serving a section 13 notice (for a periodic tenancy)
For periodic tenancies, rent can usually only be increased once per year unless the tenant agrees otherwise.
Repairs and maintenance
When the landlord must act
Landlords are legally responsible for:
- Structure and exterior (roof, walls, windows, doors)
- Basins, sinks, baths, toilets
- Heating and hot water systems
- Gas appliances, pipes, flues and ventilation
- Electrical wiring
- Any damage caused by attempting repairs
Tenants should report repair issues promptly in writing and keep copies of all communications.
Timelines for repairs
While the law doesn’t specify exact timeframes, it requires repairs to be carried out within a “reasonable time”:
- Emergency repairs (no hot water/heating, major leak): 24 hours
- Urgent repairs (appliance failures, minor leaks): 3–7 days
- Non-urgent repairs: Up to 28 days
Ending a tenancy
For landlords
Following the Renters (Reform) Act 2024, significant changes have been made to how landlords can end tenancies:
- Section 21 “no-fault” evictions have been abolished for new tenancies, and will be phased out for existing tenancies
- Section 8 possession is now the main route, requiring specific grounds:
- Rent arrears
- Anti-social behaviour
- Breach of tenancy agreement
- Landlord intends to sell or move into the property
- Tenant has suitable alternative accommodation
The notice period and process varies depending on the ground used.
For tenants
Tenants can end a tenancy:
- At the end of a fixed term (by giving notice as specified in the agreement)
- During a periodic tenancy (usually by giving at least one month’s notice)
- By agreement with the landlord
- By using a break clause (if one exists in the agreement)
Deposits and deposit protection
Landlords must:
- Protect deposits in one of three government-approved schemes
- Provide tenants with “prescribed information” about the deposit protection
- Return deposits within 10 days of agreeing the amount
Landlords may only make reasonable deductions for:
- Unpaid rent
- Damage beyond normal wear and tear
- Missing items from inventory
- Cleaning (if property left in poor condition)
Disputes can be resolved through free dispute resolution services offered by the deposit protection schemes.
Disclaimer
This article provides general information about residential tenancy law in England as of April 2025. It is not legal advice, and laws can change. Your individual circumstances may affect how the law applies to your situation.
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