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Tenant Rights Guide

Tenant Rights Guide

Search hundreds of plain-English answers to common housing problems, or browse by topic below.

Deposit disputes

Protection schemes, allowable deductions, compensation and how to challenge unfair claims on your deposit.

Can my landlord keep my deposit?

Only for actual, evidenced losses. Your deposit belongs to you — the landlord holds it as security against unpaid rent or damage beyond fair wear and tear. Any deduction must be justified with receipts, quotes or invoices, and the burden of proof sits with the landlord if the dispute goes to the scheme's adjudicator.

Practical next steps
  • Ask the landlord in writing for a full itemised breakdown of any proposed deductions and the evidence supporting them.
  • If you disagree, raise a free dispute through the deposit scheme (DPS, MyDeposits or TDS) — do not accept the landlord's figure.
Related legislation
  • Housing Act 2004 ss.212–215
  • Tenant Fees Act 2019
Common mistakes
  • Agreeing to deductions over the phone before seeing the evidence.
  • Missing the scheme's dispute window after checkout.
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Related advice articles
  • Fair wear and tear vs. damage
    How adjudicators actually decide what counts as damage.
  • Evidencing the property condition at move-in
    Photos, inventories and timestamps that protect you.

What deductions are allowed?

Unpaid rent, unpaid bills that are the tenant's responsibility, cleaning to the standard the property was let in (not better), and damage beyond fair wear and tear. Betterment is not allowed — the landlord cannot use your deposit to upgrade the property.

Related legislation
  • Housing Act 2004
  • Tenant Fees Act 2019
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What if my deposit isn't protected?

If your deposit was not protected in an approved scheme within 30 days of receipt, or the prescribed information wasn't served, you may be entitled to compensation of between one and three times the deposit — in addition to the return of the deposit itself. This is a powerful bargaining tool and a defence to a section 21 notice.

Related legislation
  • Housing Act 2004 s.213–214
  • Superstrike Ltd v Rodrigues [2013]
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How do I challenge deductions?

Reject the deductions in writing, ask for evidence, and open a free dispute with the deposit scheme. The scheme's adjudicator decides on the paperwork alone, so your inventory, photos and correspondence are what win the case.

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When do I get my deposit back?

There is no fixed statutory deadline, but the scheme rules and case law expect return within around 10 working days of an agreed figure. If the landlord is silent, chase in writing and, if necessary, raise a scheme dispute — the money is released once the adjudicator decides.

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Eviction notices

Section 21, section 8, notice periods, and what to do the day a notice arrives.

Is my Section 21 valid?

A section 21 notice can only be relied on where it applies to your tenancy — under the Renters' Rights reforms, section 21 has been abolished for tenancies within scope. Where it does still apply, it must be on the correct form, use a lawful notice period, and be served only after the landlord has met deposit protection duties and provided a valid EPC, gas safety certificate and How to Rent guide. Any gap in these can invalidate the notice.

Practical next steps
  • Do not move out on the notice date — a section 21 notice does not end your tenancy on its own.
  • Check whether the Renters' Rights abolition applies to your tenancy before assuming section 21 is available.
  • Run the notice through the Section 21 Check to spot common invalidities.
Related legislation
  • Housing Act 1988 s.21
  • Deregulation Act 2015
  • Renters' Rights Act (in force provisions)
Common mistakes
  • Leaving on the notice date instead of waiting for a possession order.
  • Assuming a notice on the wrong form is still enforceable.
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  • What actually ends your tenancy
    Notice, possession order, warrant — the three-step process.

What is a Section 8 notice?

A section 8 notice relies on one or more statutory grounds (for example rent arrears, anti-social behaviour, or the landlord selling). Different grounds carry different notice periods and different levels of judicial discretion. Some grounds are mandatory if proved; others are discretionary and defensible.

Related legislation
  • Housing Act 1988 s.8 and Schedule 2
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Can my landlord evict me immediately?

No. Except in very narrow common-law licence situations, only a court bailiff acting on a possession order and warrant can lawfully remove you. Anything short of that — changing the locks, removing your belongings, cutting off utilities — is an offence under the Protection from Eviction Act 1977.

Related legislation
  • Protection from Eviction Act 1977
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What notice should I receive?

The notice period depends on the type of notice, the ground relied on, and when the tenancy was granted. Section 21 (where still available) requires at least two months. Section 8 notice periods range from immediate (for the most serious anti-social behaviour grounds) up to several months.

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What should I do after receiving an eviction notice?

Do not sign anything, do not leave, and keep the original envelope. Photograph the notice front and back and note the date it arrived. Get the notice checked for defects — invalid notices are common, and even valid ones do not end your tenancy without a court order.

Practical next steps
  • Keep paying rent — arrears strengthen the landlord's position.
  • Get the notice reviewed the same week you receive it.
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Rent increases

When rent can go up, how much notice you're owed, and how to challenge an unreasonable rise.

Can my landlord increase my rent?

Inside a fixed term, only if the agreement contains a valid rent-review clause — and only in line with what it says. Outside a fixed term, on an assured tenancy, the landlord must use the section 13 procedure: the prescribed form, in writing, no more than once a year, giving at least one month's notice (longer under the Renters' Rights reforms where they apply).

Related legislation
  • Housing Act 1988 s.13
  • Renters' Rights Act
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Related advice articles
  • Challenging unfair rent increases
    How the First-tier Tribunal actually sets a market rent.
  • Understanding Section 13 notices
    The form, the timing and the common mistakes.
  • Fixed term vs periodic tenancies
    Why the tenancy type changes everything about rent.

How much can rent increase?

There is no statutory cap on the amount — but a section 13 increase must reflect open-market rent for a similar property in the area. If the proposed rent is above market, you can challenge it and the tribunal may set a lower figure.

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Can I challenge an increase?

Yes. If you receive a section 13 notice, you can refer it to the First-tier Tribunal (Property Chamber) before the new rent starts. The tribunal cannot set the rent higher than the landlord proposed, so there is limited downside to a well-supported challenge.

Related legislation
  • Housing Act 1988 s.14
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What notice is required?

For a statutory section 13 increase, at least one month for a monthly tenancy — with longer periods once the Renters' Rights reforms apply. The notice must be on the prescribed form; anything else is not a valid statutory increase.

What happens if I refuse?

If the notice is a valid section 13 notice and you neither challenge it at the tribunal nor start paying the new amount, the new rent becomes payable and arrears begin to accrue. The right response is either to negotiate, to pay under protest and challenge, or to refer to the tribunal — not silence.

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Repairs & disrepair

The landlord's non-excludable repair duties and what to do when they're ignored.

What repairs must my landlord carry out?

Section 11 of the Landlord and Tenant Act 1985 requires the landlord to keep in repair the structure and exterior, and the installations for water, gas, electricity, sanitation, space heating and hot water. The Homes (Fitness for Human Habitation) Act 2018 additionally requires the property to be fit for human habitation throughout the tenancy. These duties cannot be contracted out of.

Related legislation
  • Landlord and Tenant Act 1985 s.11
  • Homes (Fitness for Human Habitation) Act 2018
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What if they ignore me?

Put the request in writing, keep a dated record of every report, photograph the disrepair, and if it is serious, report it to your local council's environmental health team. Councils can serve improvement notices under the Housing Act 2004 that legally compel the landlord to act.

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Can I claim compensation?

Where disrepair has been reported and not remedied within a reasonable time, tenants can bring a claim for damages — typically a percentage reduction of rent for the period of disrepair, plus damages for damaged belongings and inconvenience.

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Can I withhold rent?

This is one of the most misunderstood areas of housing law. Withholding rent creates arrears and exposes you to eviction. There is a narrow set-off doctrine that allows the cost of repairs the tenant has carried out to be deducted, but only in tightly defined circumstances and with strict prior notice — take advice before relying on it.

Common mistakes
  • Withholding rent as an informal protest — it usually backfires.
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What counts as disrepair?

Damp and mould, leaks, broken heating or hot water, electrical faults, structural defects, pest infestation caused by disrepair, and anything else that makes the property unsafe or not fit for habitation.

Landlord harassment

The line between contact and harassment, and how to stop it.

What counts as harassment?

Conduct by the landlord (or their agent) that is likely to interfere with the tenant's peace or comfort, or persistent withdrawal of services, done with intent to cause the tenant to leave or to refrain from exercising a right. That includes repeated unannounced visits, verbal abuse, threats, or targeted disruption of utilities.

Related legislation
  • Protection from Eviction Act 1977 s.1
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Can my landlord keep entering?

No. Even with a right of access clause, the landlord must give at least 24 hours' written notice and visit at a reasonable time — and the tenant can refuse a specific time. Repeated unannounced entry is a breach of the covenant of quiet enjoyment and can amount to harassment.

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Can they threaten eviction?

Threats designed to make you leave without a court order are themselves potentially unlawful. Only the courts can order possession; only bailiffs can enforce it.

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What should I record?

Every incident — date, time, what was said or done, who was present, any photos or recordings. Contemporaneous notes are strong evidence. Save all messages and voicemails.

Who do I report it to?

Your local council's Tenancy Relations Officer (or equivalent), the police if there is a threat of violence or criminal damage, and Shelter's emergency helpline. Serious cases can be prosecuted by the council.

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Illegal eviction

Locks, utilities, threats — what to do in the first hour.

Can my landlord change the locks?

No. Changing the locks to exclude a tenant without a court order is a criminal offence under the Protection from Eviction Act 1977. The tenant has a right to be readmitted and to compensation.

Related legislation
  • Protection from Eviction Act 1977
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What if they disconnect utilities?

Cutting off gas, electricity, water or heating with the intention of forcing the tenant to leave is an offence. Report it to the police and to the council's Tenancy Relations Officer.

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Do they need a court order?

Yes — for almost every residential tenancy in England and Wales. The lawful route is: valid notice, possession order from the county court, and then a bailiff's warrant. Anything else is unlawful.

Related legislation
  • Protection from Eviction Act 1977 s.3

What are my emergency rights?

You have the right to re-enter the property, to be reinstated, to compensation for unlawful eviction (including a statutory measure that can be substantial), and to police assistance if the landlord obstructs re-entry.

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Who should I contact?

Immediately: the police (101, or 999 if there is a threat), your council's Tenancy Relations or Housing Options team, and Shelter's emergency helpline on 0808 800 4444.

Pets in rented homes

Pet clauses, the Renters' Rights reforms and how to negotiate.

Can landlords refuse pets?

Under the Renters' Rights reforms, tenants have a strengthened right to request a pet, and landlords must not unreasonably refuse. The reasonableness test looks at the specific pet, the property and the tenancy — a blanket ban is unlikely to be reasonable.

Related legislation
  • Renters' Rights Act (pets provisions)
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What do the Renters' Rights reforms say?

The tenant makes a written request, the landlord must respond within a set period, and refusal must be for a reason that is reasonable in the specific circumstances. The landlord may require insurance to cover potential pet damage.

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Can they charge extra?

Additional pet rent or pet deposits are heavily restricted by the Tenant Fees Act 2019 in England. The landlord can require pet insurance instead — that is permitted and often the practical answer.

Related legislation
  • Tenant Fees Act 2019

Can I negotiate?

Yes — a written pet request that references the Renters' Rights reforms, offers pet insurance, and describes the animal and its history is usually the most effective approach.

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Tenancy agreements

What to check, what to negotiate, and what a landlord cannot lawfully impose.

What clauses should I negotiate?

Break clauses, guest and pet restrictions, rent-review mechanics, replacement-tenant fees, cleaning obligations at checkout, and any clause that shifts a landlord's statutory duty onto the tenant. The strongest negotiating position is before signing.

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  • The ten clauses to always negotiate
    The clauses experienced tenants push back on every time.

What makes a clause unfair?

Under the Consumer Rights Act 2015, a term is unfair if, contrary to good faith, it causes a significant imbalance between the parties to the detriment of the tenant. Terms that purport to exclude a landlord's non-excludable statutory duties, or that impose disproportionate penalties, are commonly unenforceable.

Related legislation
  • Consumer Rights Act 2015 Part 2
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Can the landlord change the agreement?

Not unilaterally once the tenancy has started. A variation requires the tenant's agreement (or a valid statutory route such as a section 13 rent increase). Being asked to sign a fresh agreement mid-tenancy is a variation — read it carefully.

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What should I check before signing?

The parties, the address, the rent and deposit, the term and break clause, notice periods, repair obligations, access rights, pet and guest terms, rent-review mechanics, and any fee that might breach the Tenant Fees Act 2019.

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Moving out

Ending the tenancy cleanly and getting your deposit back.

How do I end my tenancy?

In a fixed term, you can leave on the end date without notice, or earlier only if there is a break clause and you have complied with it. In a periodic tenancy, give the notice period specified in the agreement or by statute — always in writing and always dated.

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How do I recover my deposit?

Attend the checkout, agree the inventory in writing, provide a forwarding address, and ask for the return of the deposit in full. If deductions are proposed, use the deposit scheme's free dispute service.

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What cleaning is legally required?

The property must be returned in the condition it was let in, allowing for fair wear and tear. Professional cleaning cannot be required as a condition unless the property was professionally cleaned at the start of the tenancy — and a receipt exists to prove it.

Related legislation
  • Tenant Fees Act 2019

What happens at checkout?

The check-out inventory is compared against the check-in inventory. Photograph everything, disagree in writing with any assessment you dispute, and keep copies of meter readings.

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Still not sure where you stand?

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