Landlord and Tenant Law in England and Wales

At a glance

• Tenancy type since 1 May 2026: all private residential tenancies in England are assured periodic tenancies — no fixed terms, no end date. Assured shorthold tenancies (ASTs) no longer exist in the private rented sector. Social housing let by private registered providers moves to the same regime from 2027.
• Section 21 abolished: landlords cannot serve section 21 'no-fault' eviction notices. The transitional window for notices served before 1 May 2026 closed on 31 July 2026. All possession now goes through section 8 grounds.
• Section 8 notice periods vary by ground: four months for the landlord's own sale or occupation grounds; four weeks for rent arrears (Ground 8); as little as two weeks for some discretionary grounds; effectively no minimum notice for the most serious anti-social or criminal behaviour ground (Ground 7A).
• Rent in advance: none can be taken before the tenancy agreement is signed; up to one month's initial rent (or 28 days' worth) can be taken before the tenancy starts; once the tenancy is running, a landlord cannot require rent to be paid before the period it covers.
• Deposits: must be protected in a government-approved scheme within 30 days; cap is five weeks' rent (six weeks if annual rent is £50,000 or above) under the Tenant Fees Act 2019.
• Repairs: landlord's statutory duty covers structure, exterior, and key installations (LTA 1985, s.11) plus an ongoing fitness-for-habitation obligation (Homes (Fitness for Human Habitation) Act 2018).
• Rent increases: once per year only, not in the first 12 months; two months' notice via Form 4A; tenant can challenge above-market increases at the First-tier Tribunal.
• Court fees (as at July 2026): £415 to issue a standard possession claim; £148 for a warrant of possession. Both are set by HM Courts and Tribunals Service and are liable to change.
• Phase 2 (rolling out from late 2026): the Private Rented Sector Database begins a phased regional roll-out, with a landlord ombudsman to follow; check the GOV.UK implementation roadmap for confirmed dates.

This guide covers England only. Wales has a separate framework under the Renting Homes (Wales) Act 2016.

This guide provides general information only. It is not legal advice and does not take account of your individual circumstances. Always verify current rules on GOV.UK and take professional advice before acting.

The legal framework at a glance

Residential landlord and tenant law in England draws on several interlocking statutes. Understanding which law does what is the starting point for navigating almost any landlord-tenant question.

| Statute | What it does | |---|---| | Housing Act 1988 | Creates the assured tenancy framework; sets out section 8 grounds for possession; regulates rent | | Renters' Rights Act 2025 | Abolishes ASTs and section 21; converts tenancies to assured periodic tenancies; adds new section 8 grounds; regulates rent increases, rent in advance, pets and bidding wars | | Housing Act 2004 (Pt 6) | Mandates tenancy deposit protection schemes and prescribed information | | Landlord and Tenant Act 1985, s.11 | Statutory repair obligations covering structure, exterior and key installations | | Homes (Fitness for Human Habitation) Act 2018 | Overarching duty to keep the property fit for habitation throughout the tenancy | | Tenant Fees Act 2019 | Bans most letting fees; caps deposits; limits permitted payments | | Immigration Act 2014, s.22 | Right to rent checks — landlords must verify the immigration status of all adult occupiers | | Gas Safety (Installation and Use) Regs 1998 | Annual gas safety checks by a Gas Safe registered engineer | | Electrical Safety Standards in the PRS (England) Regs 2020 | Electrical installation condition reports (EICRs) at least every five years |

Tenancy types

The assured periodic tenancy — the new default

From 1 May 2026, the Renters' Rights Act 2025 abolished assured shorthold tenancies in the private rented sector in England and replaced them with a single default type: the assured periodic tenancy (APT). Existing ASTs automatically converted to APTs on 1 May 2026 — landlords did not need to issue new agreements, though they were required to give existing tenants the Renters' Rights Act Information Sheet by 31 May 2026, or, for a wholly verbal tenancy, written information about the key terms. New tenancies entered into after 1 May 2026 must also be APTs, and a landlord granting one must give a written statement of terms before the agreement is signed, under the Assured Tenancies (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026.

An assured periodic tenancy has no fixed end date. It runs on a rolling period (typically monthly) indefinitely until the tenant serves notice (minimum two months) or the landlord obtains possession through a court order based on one of the statutory section 8 grounds.

To qualify as an assured tenancy, the tenancy must meet the conditions in the Housing Act 1988: the tenant must be an individual occupying the dwelling as their only or principal home, the annual rent must fall within the prescribed limits, and certain exclusions — such as holiday lets and resident landlord arrangements — must not apply. Assured tenancies with an annual rent above £100,000 fall outside this guide's scope.

Social housing follows a different timetable

The Renters' Rights Act 2025 changes apply to assured tenancies of social housing let by private registered providers only from 2027. Until then, those tenancies continue under the pre-existing rules. This guide focuses on private renting.

Other arrangements that still exist

Not every residential arrangement is an assured tenancy. The following fall outside the APT framework:

• Lodger licences: where the landlord lives in the same property and shares living space with the occupier. This is a licence, not a tenancy. The Housing Act 1988 does not apply; the occupier has no security of tenure and can be asked to leave with reasonable notice.
• Company lets: where the tenant is a company rather than an individual. Companies cannot hold assured tenancies.
• Holiday lettings: excluded from the assured tenancy regime.
• High-value lettings: where the annual rent exceeds the statutory upper limit (check current limits on GOV.UK — the limits are subject to change by statutory instrument).
• Pre-1989 tenancies: tenancies created before 15 January 1989 may be regulated tenancies under the Rent Act 1977 with different rules on rent and security of tenure.

Before a tenancy begins

Written terms

A residential tenancy can exist without a written document — an oral agreement is legally binding. However, a written tenancy agreement is strongly advisable: it records what both parties agreed on rent, notice, repairs, pets and other matters, and makes disputes far easier to resolve.

For new assured tenancies granted after 1 May 2026, the landlord must provide a written statement of the key terms of the tenancy before the agreement is signed. The prescribed content is set out in the Assured Tenancies (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026.

Rent in advance — what is and is not allowed

The Renters' Rights Act 2025 tightly restricts rent paid before it is due:

1. Before the tenancy agreement is signed: a landlord or agent cannot ask for, encourage or accept any payment of rent at all.
2. After signing but before the tenancy starts: the landlord may take up to one month's rent as 'initial rent' (or 28 days' worth if the rent period is shorter than a month) — see section 8 of the Renters' Rights Act 2025, which inserts a new section 4B into the Housing Act 1988.
3. Once the tenancy has started: a term requiring rent to be paid before the period it relates to is 'of no effect'. A landlord cannot demand or require ongoing rent in advance. A tenant remains free to pay ahead voluntarily if they choose, but cannot be contractually compelled to.

This closes off the practice of demanding six or twelve months' rent upfront, which the Act's supporting materials identified as a barrier facing tenants without a guarantor or strong credit history.

Tenant fees and the deposit cap

The Tenant Fees Act 2019 bans most payments that landlords and agents previously charged tenants. The only permitted payments are:

• A refundable tenancy deposit (capped at five weeks' rent where annual rent is below £50,000; six weeks' rent where it is £50,000 or above)
• A refundable holding deposit to reserve a property (capped at one week's rent)
• Rent itself, subject to the rent-in-advance restrictions above
• Payments for utilities, council tax and communication services
• A default fee for late rent payment (where the rent is more than 14 days overdue) or for a lost key or security device
• Reasonable costs for early termination at the tenant's request
• A capped fee (£50 or reasonably incurred costs, whichever is higher) for varying, assigning or novating a tenancy

Charging any other payment is a criminal offence. A first breach carries a civil penalty of up to £5,000; further breaches can result in a penalty of up to £30,000.

Bidding wars

Landlords and agents must advertise a property at a stated asking rent. It is unlawful to invite, encourage or accept offers above that advertised rent — in effect, the advertised figure becomes the maximum lawful rent at the point of letting.

Right to rent checks

Under section 22 of the Immigration Act 2014, landlords in England must check that every adult occupier aged 18 or over has the right to rent in the UK before the tenancy begins. This applies even if the occupier is not named on the tenancy agreement. Renting to a person disqualified by their immigration status can lead to a civil penalty, and the Secretary of State can require possession to be sought against a disqualified occupier under Ground 7B (see the grounds table below). See GOV.UK's landlord's guide to right to rent checks for the current procedure and acceptable documents.

Tenancy deposit protection

The 30-day rule

Where a landlord receives a tenancy deposit, they must comply with the initial requirements of a government-approved deposit protection scheme within 30 days of receiving the deposit (Housing Act 2004, s.213, as amended). The three approved schemes are the Deposit Protection Service, MyDeposits, and the Tenancy Deposit Scheme.

Within the same 30-day period, the landlord must provide the tenant with the prescribed information: written details of the scheme used, how to apply for release of the deposit, what happens in a dispute, and the landlord's and tenant's relevant contact details (the Housing (Tenancy Deposits) (Prescribed Information) Order 2007).

Consequences of non-compliance

Failure to protect a deposit correctly, or to provide prescribed information in time, has serious consequences. A court will only make a possession order on most grounds if one of the following applies: the deposit was protected and the scheme's requirements and prescribed information were complied with; the deposit has already been returned to the tenant (in full or with agreed deductions); or a court has already decided, or the parties have settled, a dispute about whether the deposit rules were met. This deposit-compliance check does not apply to Grounds 7A or 14 (the anti-social behaviour grounds). It is also illegal for a landlord to take a deposit in any form other than money.

Returning the deposit

At the end of the tenancy, the landlord must return the deposit promptly. Any deductions must relate to matters properly within the scope of the tenancy agreement — typically damage beyond fair wear and tear or outstanding rent. Disputes about deductions can be referred to the scheme's free dispute resolution service.

Repairs and property standards

Section 11 of the Landlord and Tenant Act 1985

The core statutory repair obligation is set out in section 11 of the Landlord and Tenant Act 1985. It applies to assured tenancies and requires the landlord to:

• Keep in repair the structure and exterior of the property, including drains, gutters and external pipes
• Keep in repair and proper working order installations for water, gas and electricity supply and sanitation (basins, sinks, baths, sanitary conveniences — but not tenants' own appliances)
• Keep in repair and proper working order installations for space heating and hot water

For properties that form part of a building, the obligation extends to relevant common parts and installations that serve the dwelling where the landlord has an interest in the building.

Tenants cannot contract out of these obligations. A clause that purports to transfer section 11 duties to the tenant is of no effect.

Homes (Fitness for Human Habitation) Act 2018

The Homes (Fitness for Human Habitation) Act 2018 (in force from 20 March 2019) amends the Landlord and Tenant Act 1985 to require that all rented dwellings in England are fit for human habitation at the start of the tenancy and throughout. If the property contains a hazard — such as serious damp and mould, inadequate heating, structural instability, or excess cold — the tenant can bring a county court claim for breach of contract without needing to show the landlord had specific notice of the disrepair.

The GOV.UK guide for tenants and guide for landlords set out how the Act operates in practice.

Note: Wales has separate legislation under the Renting Homes (Wales) Act 2016 and associated regulations.

Safety checks and compliance documents

Landlords must also comply with a range of specific safety obligations. The key ones for England are:

| Obligation | Frequency | Legal basis | |---|---|---| | Gas safety check by Gas Safe engineer | Annually | Gas Safety (Installation and Use) Regulations 1998 | | Electrical installation condition report (EICR) | At least every 5 years | Electrical Safety Standards in the PRS (England) Regulations 2020 | | Smoke alarm on every storey | Checked at start of each tenancy | Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 | | Carbon monoxide alarm in rooms with a fixed combustion appliance | In place and working | Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022 | | Energy Performance Certificate (EPC) | Valid for 10 years; provided before marketing | Energy Performance of Buildings (England and Wales) Regulations 2012 |

Copies of the gas safety record must be given to the tenant before they move in (or within 28 days of a new check). The EICR must be given to the tenant at the start of the tenancy and to the local council on request.

Failure to provide the required compliance documents can prevent a landlord from serving notices and, in the case of gas safety, constitutes a criminal offence.

Rent increases

The following rules apply to rent increases in assured periodic tenancies:

1. Once a year only. A landlord cannot increase the rent more than once in any 12-month period.
2. Not in the first 12 months. Rent cannot be increased during the first 12 months of a new tenancy.
3. Correct procedure. The landlord must use the section 13 procedure: complete Form 4A and give the tenant at least two months' notice before the increase takes effect.
4. Tribunal challenge. A tenant who considers the proposed increase is above the open market rent can apply to the First-tier Tribunal (Property Chamber) to determine the market rent. If the tribunal sets a lower figure, that applies instead.

Landlords cannot use rent increases as an indirect way of pressuring tenants to leave. Imposing above-market increases with the intent to cause a tenant to vacate may expose a landlord to enforcement action and rent repayment orders.

How tenancies end

By the tenant

A tenant can end an assured periodic tenancy by giving the landlord at least two months' written notice. The notice must expire at the end of a rent period. There is no need for the tenant to give a reason.

By the landlord — the section 8 grounds and their notice periods

Landlords must use the section 8 procedure. A section 8 notice must be on Form 3A (or a form substantially to the like effect), specify the ground or grounds relied on, set out fully why the landlord believes the ground applies, and give the correct notice period. Notice periods differ significantly by ground — using the wrong one is one of the most common reasons a possession claim is delayed or dismissed. The table below sets out the grounds most relevant to private lettings; the full list, including specialist grounds for agricultural workers, ministers of religion, employment-linked accommodation and supported or social housing, is on the GOV.UK grounds for possession guidance.

Mandatory grounds — the court must grant possession once satisfied the ground is proved:

| Ground | What it covers | Notice period | Key restriction | |---|---|---|---| | Ground 1 | Landlord or a close family member intends to occupy the property as their only or principal home | 4 months | Cannot be used, or expire, within the first 12 months of the tenancy | | Ground 1A | Landlord intends to sell the property | 4 months | Cannot be used, or expire, within the first 12 months; landlord cannot re-let or remarket for 12 months after using it | | Ground 2 | Mortgage lender is enforcing a sale after the landlord has defaulted | 4 months | — | | Ground 4A | HMO let to full-time students; property needed for a new group of students for the next academic year | 4 months | Landlord must have given prior notice at the start of the tenancy that the ground might be used | | Ground 7 | Tenancy was inherited by someone who was not living at the property when the previous tenant died | 2 months | Generally cannot be used more than 12 months after the death | | Ground 7A | Tenant, a household member or a visitor convicted of a serious offence, breached an anti-social behaviour order, or the property is subject to a closure order | No minimum notice period | Court cannot make the possession order until 14 days after notice is given | | Ground 7B | Tenant has no right to rent under immigration law and the Secretary of State has given notice | 2 weeks | — | | Ground 8 | Tenant owes at least 3 months' rent (monthly tenancies) or 13 weeks' rent (weekly/fortnightly), both when notice is given and at the hearing | 4 weeks | Arrears from unpaid Universal Credit do not count; ground fails if arrears drop below the threshold before the hearing |

Discretionary grounds — the court decides whether it is reasonable to grant possession, even if the ground is proved:

| Ground | What it covers | Notice period | |---|---|---| | Ground 9 | Tenant has been offered suitable alternative accommodation | 2 months | | Ground 10 | Tenant owes some rent (below the Ground 8 threshold) | 4 weeks | | Ground 11 | Tenant has persistently delayed paying rent, even if not currently in arrears | 4 weeks | | Ground 12 | Breach of a tenancy term other than paying rent | 2 weeks | | Ground 13 | Tenant has allowed the property's condition to deteriorate | 2 weeks | | Ground 14 | Anti-social behaviour by the tenant, a household member or a visitor, in or near the property | No minimum notice period; order cannot be made until 14 days after notice | | Ground 14ZA | Tenant or another adult in the household convicted of an offence during a riot | 2 weeks | | Ground 15 | Tenant has allowed the condition of landlord's furniture to deteriorate | 2 weeks | | Ground 17 | Tenant (or someone acting for them) gave false information to obtain the tenancy | 2 weeks |

The GOV.UK grounds for possession guidance sets out the exact statutory wording required on Form 3A for each ground, and the additional specialist grounds that apply to agricultural, employment-linked, supported and social housing lettings.

Court proceedings if the tenant does not leave

If the tenant has not vacated by the end of the notice period, the landlord must apply to the county court for a possession order — either online via the Possession Claim Online service (for rent-arrears-only claims) or on paper using forms N5 and N119. As at July 2026, the standard court fee to issue the claim is £415. If the tenant still does not leave once an order is made, the landlord applies for a warrant of possession (form N325), which costs £148, or transfers enforcement to the High Court for a writ of possession (£123 to transfer, plus £80 to seal the writ, plus High Court enforcement fees). Self-help eviction — changing locks, removing the tenant's belongings, cutting off utilities — is unlawful and carries criminal liability under the Protection from Eviction Act 1977, regardless of how much rent is owed; only a bailiff acting under a warrant can lawfully enforce a possession order.

The Renters' Rights Act 2025 — what is in force and what is not yet

The Act received Royal Assent on 27 October 2025. Phase 1 provisions came into force for the private rented sector on 1 May 2026, under The Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026. The following reflects the position as at August 2026 — verify current commencement status on GOV.UK before relying on it.

In force since 1 May 2026 (private rented sector)

• Abolition of the AST and section 21 notices
• All tenancies converted to, or granted as, assured periodic tenancies
• New and amended section 8 grounds for possession, with the notice periods set out above
• Section 13 rent increase procedure (once per year; two months' notice; tribunal challenge right)
• Prohibition on requiring or accepting rent before the tenancy agreement is signed, and on requiring ongoing rent in advance once the tenancy has started
• Prohibition on discrimination against tenants on benefits or with children
• Pet request rights (landlord must respond within 28 days; cannot unreasonably refuse; cannot require pet insurance)
• Bidding war prohibition (asking price must be published; accepting above-asking rent is unlawful)
• Expanded rent repayment orders (maximum doubled to two years' rent; broader list of trigger offences)
• Landlord information sheet / written statement of terms requirements
• Enhanced local authority enforcement powers

Not yet in force, or not yet applicable — check GOV.UK for current dates

• Social housing let by private registered providers: the Act's changes apply to these tenancies only from 2027; they currently continue under the pre-existing rules.
• Private Rented Sector Database: a mandatory register for private landlords, rolling out region by region from late 2026, with full national coverage expected in 2027. Landlords will need to register before marketing or letting a property once it applies to them.
• PRS Landlord Ombudsman: a statutory dispute resolution service for private tenants, expected to follow the database roll-out. No confirmed commencement date has been published as at August 2026 — check the GOV.UK roadmap.
• Awaab's Law extended to the PRS: will set legally enforceable timeframes for private landlords to remediate serious hazards. No commencement date confirmed as at August 2026.
• Decent Homes Standard applied to the PRS: the government consulted on this in 2025; no final commencement date has been confirmed as at August 2026.

Common disputes and how to avoid them

Deposit disputes

The most common end-of-tenancy dispute concerns what may lawfully be deducted from the deposit. Landlords can deduct for damage beyond fair wear and tear and for outstanding rent, but not for cosmetic deterioration consistent with normal use. Detailed check-in and check-out inventories, signed by both parties, with dated photographs, are the most effective protection for both sides. If agreement cannot be reached, the deposit scheme's dispute resolution service provides a free, evidence-based adjudication without the need to go to court.

Disrepair claims

A tenant whose landlord ignores a repair request may take the matter to the county court under both section 11 of the LTA 1985 and the Homes (Fitness for Human Habitation) Act 2018. Local authorities also have enforcement powers under the Housing Health and Safety Rating System (HHSRS), which targets serious hazards. Landlords should acknowledge repair requests in writing, obtain quotes promptly, and carry out works within a reasonable time. What counts as "reasonable" depends on the urgency of the hazard — a boiler failure in winter requires much faster action than a minor cosmetic defect.

Rent arrears

If a tenant falls into arrears, early communication is usually the most effective first step: understanding whether the arrears are caused by a temporary financial difficulty, a benefit payment problem, or a longer-term inability to pay shapes the appropriate response. A landlord who wants to proceed to section 8 proceedings on Ground 8 should keep meticulous records of what is owed and when, since the arrears must stand at three months' rent (or 13 weeks) both when notice is served and at the hearing. If arrears fall below that level before the hearing, the mandatory ground fails and the landlord may need to rely on the discretionary Grounds 10 or 11 instead.

Anti-social behaviour

Grounds 7A and 14 allow a landlord to apply to court with no minimum notice period in serious cases, though the court cannot make an order until 14 days after notice is given. Documentary evidence — incident logs, witness statements, police reports, closure orders, noise recordings — is essential to prove either ground. Landlords should also be aware of their obligation not to discriminate against tenants with protected characteristics when deciding whether to pursue possession.

Key steps for landlords

1. Issue the correct written terms. New tenancies require a written statement of key terms before signature. For existing tenants, provide the Renters' Rights Act Information Sheet if you have not already done so.
2. Never take rent before the tenancy agreement is signed. After signing, only initial rent up to one month (or 28 days) is permitted before the tenancy starts; ongoing rent cannot be demanded in advance once it is running.
3. Protect the deposit and serve prescribed information within 30 days. Non-compliance blocks possession proceedings on most grounds and can trigger a financial penalty.
4. Meet all safety and compliance obligations. Annual gas safety checks, five-yearly EICRs, smoke and CO alarms checked at the start of each tenancy, a valid EPC. Keep copies and give the tenant their copies before or at the start of the tenancy.
5. Carry out right to rent checks before the tenancy begins. Check every adult occupier aged 18 or over, even if not named on the agreement.
6. Follow the section 13 procedure for rent increases. Form 4A, at least two months' notice, not more than once a year, not in the first 12 months.
7. Match the ground to the correct notice period and evidence. Errors — the wrong ground, the wrong notice period, incomplete reasons on Form 3A — can see a claim dismissed and the process restarted. Budget for the £415 court fee (and £148 for a warrant, if needed) and seek advice if you are unsure.
8. Keep records throughout. Correspondence, inspection reports, maintenance invoices, rent payment records and inventory photographs all have evidential value if a dispute reaches a court or adjudicator.

Key steps for tenants

1. Get the terms in writing and read them. Even if the landlord provides a standard form, understand what it says about rent, notice, repairs, pets and deposit deductions.
2. Never pay rent before you have a signed agreement. After signing, a landlord can only take up to one month's initial rent before you move in — nothing more, and never again once the tenancy is running unless you choose to pay early yourself.
3. Confirm your deposit has been protected. Ask the landlord which scheme and check directly with the scheme. You have rights if the landlord fails to comply.
4. Report disrepair in writing and keep a copy. A written record of when you reported a problem, and the landlord's response, is important if the matter ever goes to court.
5. Understand your right to challenge a rent increase. If you receive a Form 4A and believe the proposed rent is above market rent, you have the right to apply to the First-tier Tribunal. Making an application does not automatically mean you must leave.
6. Know how to end the tenancy correctly. Give at least two months' written notice, expiring at the end of a rent period. You may be liable for rent until the correct notice period ends.
7. Check the ground and notice period on any Form 3A you receive. Notice periods range from no minimum (serious anti-social behaviour) to four months (sale or occupation) — knowing which ground applies tells you how much time you actually have.
8. Query the deposit return before accepting a deduction you disagree with. Use the deposit scheme's free dispute resolution service rather than simply accepting the loss.

This page reflects the law of England and Wales as at August 2026. Landlord and tenant law — especially the Renters' Rights Act 2025 and its phased implementation — continues to change; always check GOV.UK and legislation.gov.uk for the current position on dates, fees and notice periods before relying on this guide.