A clear guide to deposits, repairs, notice periods and the protections every renter should know about.
Renting comes with a substantial set of legal protections, but they only help if you know they exist. The rules below apply to assured shorthold tenancies in England; Scotland, Wales and Northern Ireland operate separate systems, and some of the detail differs significantly.
Your deposit must be protected
If you pay a deposit on an assured shorthold tenancy, your landlord must place it in a government-approved tenancy deposit protection scheme within 30 days and give you the prescribed information about where it is held. If they fail to do so you may be able to claim compensation, and their ability to serve a no-fault eviction notice can be affected.
At the end of the tenancy the deposit should be returned less any agreed deductions. If you dispute a deduction, every scheme offers a free adjudication service — use it rather than accepting a figure you think is wrong.
Limits on fees and deposits
The Tenant Fees Act 2019 banned most letting fees in England. Landlords and agents can generally only charge rent, a refundable tenancy deposit, a refundable holding deposit, and limited payments for things like changing the tenancy at your request, late rent or replacing a lost key. Admin fees, referencing fees, inventory fees and check-out fees are not permitted.
Security deposits are capped, with the cap set at a number of weeks’ rent that depends on the annual rent level, and holding deposits are capped at one week’s rent. If you have been charged a banned fee you can request it back and escalate to your local trading standards team.
Repairs and the condition of the property
Under the Landlord and Tenant Act 1985 your landlord is responsible for the structure and exterior of the property and for keeping installations for water, gas, electricity, sanitation, space heating and hot water in working order. You cannot be made to sign this away.
The Homes (Fitness for Human Habitation) Act 2018 goes further, requiring the property to be fit to live in at the start of and throughout the tenancy. Serious damp, mould, cold, fire risk or infestation can all make a property unfit, and you can take your landlord to court directly to force repairs and claim compensation.
Report problems in writing and keep copies. A paper trail is what turns a complaint into an enforceable claim.
Safety obligations
Your landlord must provide an annual gas safety certificate where there are gas appliances, an electrical installation condition report at least every five years, and a valid energy performance certificate. Smoke alarms and, where there is a solid fuel appliance, carbon monoxide alarms must be fitted and working at the start of the tenancy.
Rent increases
During a fixed term, rent can normally only be increased if the tenancy agreement allows it or you agree. On a periodic tenancy a landlord can propose an increase using the statutory notice procedure, and you can challenge an increase you consider above market rate through the First-tier Tribunal.
Eviction and notice
A landlord cannot simply tell you to leave. They must serve a valid written notice, and if you do not leave they must obtain a possession order from the court and, if necessary, use county court bailiffs or High Court enforcement officers. Changing the locks, cutting off utilities or harassing you into leaving is a criminal offence.
The two established routes in England are a Section 21 no-fault notice and a Section 8 notice citing specific grounds such as rent arrears. Notice periods and validity requirements are strict, and a notice served incorrectly is not enforceable. This area of law is undergoing reform, so check the position that applies on the date your notice was served.
Where to get help
Shelter and Citizens Advice both provide free, detailed guidance and can help you work out whether a notice is valid. Your local council’s environmental health team has enforcement powers over unfit housing, and trading standards handles banned fees and unlicensed landlords.
This article is general information, not legal advice, and covers the position in England. Take advice on your own circumstances before acting.
