Private Tenants' Rights

Private renting in England changed substantially on 1 May 2026, when the principal tenancy reforms in the Renters' Rights Act 2025 came into force. The reforms apply to most new and existing assured tenancies in the private rented sector. They affect tenancy agreements, evictions, rent increases, rental bidding, pets and discrimination against prospective tenants. Different housing laws apply in Wales, Scotland and Northern Ireland.

Periodic Tenancies

Most assured tenancies are now periodic rather than fixed-term assured shorthold tenancies. This means that the tenancy continues from one rental period to the next until:

• The tenant gives valid notice;
• The landlord obtains possession using a recognised legal ground;
• The parties agree to end the tenancy; or
• Another lawful method of termination applies.

A landlord can no longer require an ordinary assured tenant to enter into a fixed term of six or twelve months before being allowed to leave. The rental period cannot generally exceed one month. A tenant normally gives two months' notice when they wish to end the tenancy, although the parties can agree to a shorter period.

Section 21 No-Fault Evictions

Landlords can no longer serve a new notice under section 21 of the Housing Act 1988 to recover possession without giving a reason. A landlord who wants a tenant to leave must rely on a recognised ground for possession. Depending on the ground, the landlord may need to establish that:

• The landlord or a close family member intends to live in the property;
• The landlord genuinely intends to sell it;
• The tenant has serious rent arrears;
• The tenant has repeatedly paid rent late;
• The tenant has breached the tenancy;
• There has been anti-social or criminal behaviour;
• The property is required for redevelopment; or
• Another statutory ground applies.

The landlord must serve the correct notice and, if the tenant does not leave, obtain a possession order from the court. A landlord cannot lawfully remove a tenant, change the locks or force them to leave without following the proper procedure.

Landlords Selling or Moving into the Property

A landlord may seek possession where they genuinely intend to sell the property or move into it as their own home. The relevant possession ground may also cover certain close family members. These grounds cannot normally be used during the initial protected period of a tenancy, and the landlord must give the required notice. Restrictions apply after possession has been obtained. A landlord who relies on a sale or occupation ground cannot simply recover the property and immediately re-let it to another tenant. False or misleading use of a possession ground can result in enforcement action, financial penalties or a claim by the former tenant.

Rent Increases

There is no general percentage cap linking private rent increases to inflation or an industry benchmark. Instead, a landlord can generally increase the rent only:

• Once in any twelve months;
• After the first twelve months of a new tenancy;
• By using the prescribed rent-increase procedure;
• By giving at least two months' notice; and
• To a level that reflects the open-market rent for the property.

The landlord must use the prescribed Form 4A. Informal rent-review clauses cannot be used to bypass the statutory process.

Challenging an Excessive Rent Increase

A tenant who believes a proposed increase is above the market rent can challenge it through the First-tier Tribunal before the new rent takes effect. The Tribunal will consider what the property could reasonably be let for on the open market, taking account of matters such as:

• The property's size and condition;
• Its location;
• Comparable local properties;
• Fixtures and furnishings;
• Tenancy terms; and
• Relevant services provided by the landlord.

The Tribunal is not limited to choosing between the existing rent and the landlord's proposed figure. It determines the appropriate market rent based on the available evidence. Tenants should obtain details of comparable properties and seek advice promptly because time limits apply.

Rental Bidding

A landlord or letting agent must advertise an asking rent for the property. They must not invite, encourage or accept an offer above the advertised rent. This is intended to prevent prospective tenants from being pressured into competing against each other by offering increasingly higher amounts. Applicants can still offer less than the advertised rent, and a landlord can decide whether to accept that offer.

Letting-Agent and Tenant Fees

Most letting fees charged to tenants have been prohibited in England since the Tenant Fees Act 2019. A landlord or agent cannot normally charge a tenant for:

• Viewing a property;
• Preparing the tenancy agreement;
• Referencing or credit checks;
• Inventory preparation;
• Checking in or checking out;
• Routine administration; or
• Renewing a tenancy.

Permitted payments can include:

• Rent;
• A refundable tenancy deposit;
• A refundable holding deposit;
• Certain payments connected with a tenant's requested change;
• Charges for replacing a lost key or security device where reasonable costs are incurred;
• Interest on rent that is at least 14 days overdue; and
• Payments for utilities, council tax, television licences or communication services where properly required.

A tenancy deposit is generally limited to five weeks' rent where the annual rent is below £50,000 and six weeks' rent where it is between £50,000 and £100,000.

Tenancy Deposits

A landlord who takes a tenancy deposit must normally protect it in an authorised tenancy-deposit scheme and give the tenant the required information. Failure to comply can prevent the landlord from using some possession procedures and may allow the tenant to claim a financial penalty. At the end of the tenancy, deductions should be limited to matters such as:

• Unpaid rent;
• Damage beyond fair wear and tear;
• Missing items;
• Cleaning required because of the tenant's breach; or
• Other losses permitted by the tenancy agreement.

The landlord should provide evidence supporting any proposed deduction. Disputed deductions can normally be referred to the deposit scheme's resolution service.

Rent in Advance

Landlords and agents must comply with restrictions on demanding excessive rent in advance. Prospective tenants should not be required to pay large sums merely to improve their chances of securing a property. The timing and amount of permitted rent payments depend on the tenancy and the applicable statutory rules. Tenants should obtain advice where they are asked to pay many months' rent before the tenancy begins.

Discrimination Against Tenants

Landlords and letting agents must not discriminate unlawfully under the Equality Act 2010. They must not operate blanket policies refusing applicants merely because they:

• Receive benefits;
• Have children; or
• Belong to a protected group.

A landlord can still carry out an individual affordability assessment and consider whether an applicant can meet the rent. However, the decision should be based on the applicant's circumstances rather than an automatic "no benefits" or "no children" rule.

Keeping Pets

A tenant can request permission to keep a pet. The landlord must consider the request and cannot unreasonably refuse it. The landlord may consider:

• The type and number of animals;
• The size and nature of the property;
• Whether the property is suitable;
• Leasehold or superior-landlord restrictions;
• Animal Welfare concerns; and
• The likely effect on neighbours or communal areas.

Permission is not automatic, but the landlord should give a proper reason for refusing. Tenants remain responsible for damage, nuisance or breaches caused by their pets.

Repairs and Property Conditions

Landlords remain responsible for many repairs affecting:

• The structure and exterior;
• Heating and hot water;
• Gas, electricity and sanitation installations;
• Water supply;
• Fire and electrical safety; and
• Serious hazards affecting health or safety.

Tenants should report defects in writing, keep photographs and retain copies of correspondence. A landlord must not use eviction or harassment to punish a tenant for requesting necessary repairs. Local councils can inspect dangerous housing and may serve improvement notices or take other enforcement action. Further reforms, including the application of a Decent Homes Standard and Awaab's Law to the private rented sector, are being introduced in later phases and should be checked against the implementation date applying at the time.

Written Tenancy Information

For tenancies beginning on or after 1 May 2026, landlords must provide the required tenancy information in writing. For many tenancies already in existence before that date, landlords were required to provide tenants with the official Renters' Rights Act Information Sheet by 31 May 2026. The written information should help tenants understand:

• The rent and rental period;
• How and when rent may be increased;
• The landlord's contact details;
• The tenant's notice rights;
• Possession grounds;
• Deposit arrangements; and
• Other important tenancy terms.

Private Rented Sector Ombudsman and Database

The Renters' Rights Act provides for a new private rented sector ombudsman and a national landlord database. These measures are being implemented in later phases. Once in force, landlords covered by the rules will need to register and join the required redress arrangements. The ombudsman is intended to provide tenants with a way to pursue complaints without immediately starting court proceedings. Landlords and tenants should check the latest government guidance, as the commencement dates and detailed requirements may differ from those of the main tenancy reforms introduced in May 2026.

What Should Tenants Do If There Is a Problem?

Tenants should:

• Check the tenancy agreement and official information provided;
• Communicate with the landlord or agent in writing;
• Keep rent statements, notices, emails and photographs;
• Check whether the deposit is properly protected;
• Contact the local council where the property is unsafe or the landlord may have broken housing law;
• Obtain housing advice before withholding rent; and
• Seek urgent advice after receiving a possession or rent-increase notice.

Tenants should not assume that a defective notice can be ignored. A solicitor or housing adviser can check whether it is valid and explain the correct response.

What Should Landlords Do?

Landlords should:

• Use updated tenancy documents and prescribed forms;
• Understand the available possession grounds;
• Avoid informal or unlawful eviction action;
• Follow the statutory rent-increase process;
• Protect deposits and provide all required information;
• Keep the property safe and in repair;
• Respond properly to pet requests;
• Avoid discriminatory advertising or selection practices; and
• Keep records supporting decisions and notices.

A landlord who fails to comply may face a tenant claim, rent repayment order, civil penalty, criminal prosecution or difficulty recovering possession.

Finding a Landlord and Tenant Solicitor

Private-renting law is technical and has changed considerably. Specialist advice may be required concerning:

• Possession proceedings;
• Rent arrears;
• Rent increases;
• Deposit claims;
• Disrepair;
• Harassment or unlawful eviction;
• Discrimination;
• Tenancy agreements; or
• Local-authority enforcement.

To find a Landlord and Tenant or Housing Law Solicitor, use the search facility at the top of this page. We recommend contacting several firms to compare their experience, proposed approach and fees.