Landlord and Tenant Law in England and Wales

At a glance

• Tenancy type since 1 May 2026: all private residential tenancies in England are now assured periodic tenancies — no fixed terms, no end date. Assured shorthold tenancies (ASTs) no longer exist.
• Section 21 abolished: landlords cannot serve section 21 'no-fault' eviction notices on or after 1 May 2026. All possession must go through section 8 grounds.
• Section 8 notice period: typically four months for most grounds; shorter periods apply for anti-social behaviour and certain other urgent grounds (Housing Act 1988, Sch. 2, as amended by the RRA 2025).
• 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.
• Phase 2 (late 2026 onwards, date TBC): Private Rented Sector database and landlord ombudsman to be introduced; check GOV.UK implementation roadmap for updates.

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 all tenancies to assured periodic tenancies; creates new section 8 grounds; regulates rent increases, 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 England and replaced them with a single default type: the assured periodic tenancy (APT). All 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. New tenancies entered into after 1 May 2026 must also be APTs.

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.

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 written information about the key terms of the tenancy. The prescribed written statement requirements are set out in the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026.

Tenant fees and the deposit cap

The Tenant Fees Act 2019 bans most payments that landlords and agents previously charged tenants. From 1 June 2019, 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
• 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

From 1 May 2026, landlords and agents must advertise a property at a stated asking price. It is unlawful to encourage prospective tenants to bid above that price or to accept offers above the advertised rent.

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 who is disqualified from renting by reason of their immigration status can lead to a civil penalty. 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 by the Renters' Rights Act 2025). 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. The court cannot make a possession order on a section 8 ground unless it is satisfied the deposit requirements have been met (or the deposit has been returned or a court has already determined the issue). In addition, the tenant can apply to a county court for a penalty of between one and three times the deposit amount.

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 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

From 1 May 2026, 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 — section 8 grounds

From 1 May 2026, landlords must use the section 8 procedure. A section 8 notice must be in the prescribed form (Form 3A), specify the ground or grounds relied on, set out the reasons why the landlord believes the ground applies, and give the correct notice period.

The grounds are set out in Schedule 2 to the Housing Act 1988 as amended. They fall into two categories:

Mandatory grounds (court must grant possession if satisfied the ground is proved):

• Ground 1 (landlord occupying): landlord or close family member intends to occupy the property as their only or principal home. Four months' notice required; cannot be exercised within the first 12 months of the tenancy. The property cannot be re-let or remarketed for 12 months after the ground is used.
• Ground 1A (landlord selling): landlord intends to sell the property. Four months' notice; cannot be exercised within the first 12 months.
• Ground 8 (serious rent arrears): tenant owes at least three months' rent both at the date of the notice and at the date of the hearing. Note: if arrears fall below three months' rent before the hearing, the court cannot rely on this mandatory ground (though discretionary grounds 10 and 11 may still apply).
• Other mandatory grounds include property required for social housing letting; student accommodation ground (new, for HMO student lets where notice was given at start of tenancy); and several other specific situations.

Discretionary grounds (court decides whether it is reasonable to grant possession):

• Ground 10: some rent arrears (less than three months).
• Ground 11: persistent delay in paying rent, even if not in arrears at the time of hearing.
• Ground 12: breach of tenancy obligation (other than rent).
• Ground 13: deterioration of the property or common parts.
• Ground 14: anti-social behaviour or nuisance — the notice period for this ground is shorter, and in serious cases a landlord can apply to court immediately without waiting for the notice period to expire.

The GOV.UK grounds for possession guidance sets out the full list and the correct notice period for each.

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. 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. A bailiff warrant is required to 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 were brought into force on 1 May 2026 by The Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026. The following is the position as of June 2026 — verify current commencement status on GOV.UK before relying on it.

In force since 1 May 2026

• 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 (including landlord sale and occupation grounds, revised rent arrears threshold, student HMO ground, and strengthened anti-social behaviour ground)
• Requirement for two months' notice by landlords on most grounds (four months for sale/occupation grounds)
• Section 13 rent increase procedure (once per year; two months' notice; tribunal challenge right)
• Prohibition on requiring or accepting rent in advance before the tenancy agreement is signed
• Prohibition on discrimination against tenants on benefits or with children
• Pet request rights (landlord must respond within 28 days; cannot unreasonably refuse)
• 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 requirement (existing tenants to receive it by 31 May 2026)
• Enhanced local authority enforcement powers

Not yet in force — expected, check GOV.UK for commencement dates

• Private Rented Sector database (Phase 2, expected from late 2026): a mandatory register for all PRS landlords, with an annual fee. Commencement date not confirmed as of June 2026.
• PRS Landlord Ombudsman (Phase 2, after the database): a statutory dispute resolution service. Implementation will follow at least 12–18 months after a scheme administrator is appointed. Date not confirmed.
• Awaab's Law extended to the PRS (Phase 3, date TBC): will set legally enforceable timeframes for PRS landlords to remediate serious hazards. The government is consulting on details; no commencement date announced as of June 2026.
• Decent Homes Standard applied to the PRS (Phase 3, date TBC): the government consulted on the standard in mid-2025 and proposed a commencement of 2035 or 2037. Responses are under consideration; no final date announced as of June 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. "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 should keep meticulous records of what is owed and when. Note that a court cannot grant a possession order under mandatory Ground 8 unless the tenant owes at least three months' rent at both the date of the notice and the date of the hearing — if arrears reduce below that level before the hearing, the landlord may need to rely on the discretionary grounds instead.

Anti-social behaviour

Ground 14 (anti-social behaviour) and related grounds allow for a shorter notice period and, in serious cases, immediate court access without waiting for the notice to expire. Documentary evidence — incident logs, witness statements, police reports, noise recordings — is essential. 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. For existing tenants, provide the Renters' Rights Act Information Sheet if you have not already done so.
2. Protect the deposit and serve prescribed information within 30 days. Non-compliance blocks possession proceedings and can trigger a financial penalty.
3. 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.
4. 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.
5. 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.
6. Use the correct section 8 procedure and form. Form 3A, the correct ground, the correct notice period. Errors in the notice can require starting the process again. Seek advice if you are unsure.
7. 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. 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.
3. 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.
4. 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.
5. 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.
6. Register the deposit return on leaving. If the landlord proposes deductions you disagree with, use the deposit scheme's dispute resolution service rather than simply accepting the loss.