UK Renters' Rights: What Every Tenant Needs to Know — Property article from Wealth365

Around 11 million people in England rent their home — roughly one in five households. Despite this, many tenants are uncertain about their legal rights: what their landlord is and is not allowed to do, how deposits should be protected, when a rent increase is lawful, and what steps to take when things go wrong. This article sets out the key rights that apply to most private renters in England, and touches on differences in Scotland, Wales, and Northern Ireland. It is general educational information, not legal advice — if you need advice specific to your situation, a housing adviser or regulated solicitor can help.

Key takeaways

  • The Renters’ Rights Act 2024 abolished Section 21 no-fault evictions — landlords must now cite a specific legal ground to repossess
  • Deposits must be protected in a government-approved scheme within 30 days and are capped at five weeks’ rent
  • Landlords can only raise rent once per year with two months’ written notice; tenants can challenge above-market increases at the First-tier Tribunal for free
  • All landlords must join the new Private Rented Sector Ombudsman, which can order compensation of up to £25,000
  • Most upfront letting fees were banned by the Tenant Fees Act 2019; prohibited payments are now unlawful
  • Landlords must maintain properties to a safe standard — annual gas safety checks and five-yearly electrical checks are mandatory

Types of Tenancy

Most private renters in England have an Assured Shorthold Tenancy (AST). This has been the default tenancy type since 1997 and gives landlords the right to repossess their property at the end of a fixed term (or, until recently, via a no-fault Section 21 notice after an initial fixed period).

Key features of an AST:

  • Fixed-term period — typically 6 or 12 months, during which neither party can usually end the tenancy without the other’s agreement (unless a break clause exists)
  • Periodic tenancy — if you stay after the fixed term without signing a new contract, the tenancy rolls over month-to-month (or week-to-week, depending on how rent is paid)
  • Written tenancy agreement — legally required from April 2025 under the Renters’ Rights Act; landlords who do not provide one can face financial penalties

Other tenancy types you may encounter include excluded tenancies (lodgers living with a resident landlord, who have fewer rights) and Regulated Tenancies (pre-1989 tenancies with different, stronger protections). If you are unsure what type of tenancy you have, Citizens Advice and Shelter provide free guidance.

The Renters' Rights Act: End of No-Fault Evictions

The Renters’ Rights Act 2024 is the most significant change to English private rented sector law in over 30 years. Its central reform is the abolition of Section 21 “no-fault” evictions, which previously allowed landlords to repossess their property without giving any reason after a fixed term ended.

Under the new regime (which came into force for new tenancies in 2025):

  • Landlords can only end a tenancy using specific grounds set out in Schedule 2 of the Housing Act 1988 (as amended). The main grounds include rent arrears (two months’ or more), persistent late payment, tenant breach of tenancy terms, the landlord wishing to sell the property, or the landlord or a close family member wishing to move in.
  • All tenancies become periodic from day one — there are no more fixed-term ASTs under the new framework. This means tenants can give two months’ notice to leave at any time after the first six months.
  • Landlords must give the correct amount of notice (typically two to four months depending on the ground) before applying to court for possession.
  • A new Private Rented Sector Ombudsman was established, which all landlords must join. It provides a free dispute resolution service for tenants.

The abolition of Section 21 gives tenants much greater security of tenure. It means you can no longer be evicted simply because a landlord prefers not to renew, without a valid ground being proven. However, landlords retain the right to repossess where there is genuine reason to do so, and courts process legitimate possession claims.

Deposit Protection

If you pay a tenancy deposit, your landlord is legally required to protect it in a government-approved tenancy deposit scheme within 30 days of receiving it. There are three government-authorised schemes:

  • Deposit Protection Service (DPS)
  • MyDeposits
  • Tenancy Deposit Scheme (TDS)

Your landlord must also give you a document called “prescribed information” within 30 days — this tells you which scheme your deposit is in, how to get it back, and what to do if there is a dispute.

If your landlord fails to protect the deposit or give you the prescribed information, you can apply to court. The court can order the landlord to repay the deposit and pay you a penalty of between one and three times the deposit amount. Importantly, until April 2025 a landlord who had not protected a deposit could not serve a valid Section 21 notice; under the new Act, failure to protect remains a serious compliance issue that can affect possession proceedings.

Deposit cap: Under the Tenant Fees Act 2019, deposits are capped at five weeks’ rent (six weeks if annual rent is £50,000 or more). Landlords cannot request a higher deposit than this.

When you leave, your landlord must return your deposit within 10 days of you both agreeing the amount. If they want to make deductions (for unpaid rent, damage beyond fair wear and tear, etc.), they must provide evidence. If you dispute the deductions, your deposit scheme’s free dispute resolution service can adjudicate.

Rent Increases

Under the Renters’ Rights Act, landlords can only increase rent once per year and must use a prescribed process:

  • The landlord must serve a Section 13 notice (Form 4) giving at least two months’ written notice of the increase
  • The new rent must not exceed the market rent for a comparable property in the local area
  • If you believe the proposed increase is above market rate, you can challenge it by referring the matter to the First-tier Tribunal (Property Chamber) — a free service. The Tribunal can set the rent at the market rate, which could be lower than what your landlord proposed (but not lower than your current rent)

There is no legal cap on rent levels in the private sector in England (unlike Scotland, which introduced rent control measures in the Cost of Living (Tenant Protection) (Scotland) Act 2022). However, the two-months’-notice and once-per-year rules give tenants time to plan.

If your rent is set to increase significantly and you want to understand the impact on your household budget alongside your other financial commitments, our financial planning tools can help you model different income and expenditure scenarios.

Repairs and Landlord Obligations

Landlords have significant legal obligations to maintain the property in a safe and habitable condition. Key duties include:

  • Structural and exterior repairs — landlords must keep the structure and exterior of the property in good repair (Landlord and Tenant Act 1985, s.11)
  • Installations — heating, hot water, gas, electrical installations, and sanitation must be maintained
  • Fitness for human habitation — under the Homes (Fitness for Human Habitation) Act 2018, the property must not pose a risk to health or safety throughout the tenancy
  • Gas safety — annual gas safety checks by a Gas Safe registered engineer are mandatory; you are entitled to a copy of the certificate
  • Electrical safety — electrical installation checks must be carried out every five years by a qualified electrician; you must receive a copy of the report
  • Smoke and carbon monoxide alarms — landlords must install a smoke alarm on every floor and a carbon monoxide alarm in every room with a gas or solid fuel appliance
  • Energy Performance Certificate (EPC) — landlords must provide an EPC rating of at least E (though this minimum is likely to rise in coming years)

To report a repair, put it in writing (email is fine) and keep a record. If your landlord does not carry out repairs within a reasonable time, you can report the property to your local council’s housing team, who can inspect under the Housing Health and Safety Rating System (HHSRS) and serve enforcement notices on landlords.

Tenant Fees: What Landlords Can and Cannot Charge

The Tenant Fees Act 2019 banned most upfront fees that landlords and letting agents used to charge tenants in England. Permitted payments are now limited to:

  • Rent
  • A refundable tenancy deposit (capped at five weeks’ rent)
  • A refundable holding deposit (capped at one week’s rent)
  • Payments for defaulting on the tenancy agreement (e.g. late payment charges, which must not exceed 3% above the Bank of England base rate)
  • Payments for a tenancy variation, assignment, or early termination requested by the tenant (each capped at £50, or reasonable costs if higher)

Anything else — including administration fees, referencing fees, check-in or check-out fees — is a prohibited payment. If you are charged an unlawful fee, you can complain to your local Trading Standards authority. Landlords who charge prohibited payments cannot serve a valid Section 21 notice (under the old framework) and face fines under the new regime.

Challenging Unfair Treatment

If things go wrong in a tenancy, you have several routes to challenge unfair treatment:

  1. Talk to your landlord first — many issues can be resolved informally. Put your concerns in writing so there is a record.
  2. Private Rented Sector Ombudsman — all landlords in England must belong to the new PRS Ombudsman (introduced under the Renters’ Rights Act). The Ombudsman can investigate complaints, require remedial action, and order landlords to pay compensation of up to £25,000.
  3. Deposit scheme dispute resolution — if you disagree with deposit deductions, use your scheme’s free adjudication service before going to court.
  4. First-tier Tribunal (Property Chamber) — free tribunal for rent disputes, service charge disputes, and some landlord/tenant disagreements. No solicitor required, though many tenants find a housing adviser helpful.
  5. Local council housing team — for serious repair and safety issues, the council can inspect and enforce against landlords.
  6. Court — for severe cases (illegal eviction, harassment, deposit protection failure), court action may be appropriate. Citizens Advice and Shelter can advise on whether a claim is worthwhile.

Illegal eviction — changing locks, removing belongings, or cutting off utilities to force you out — is a criminal offence. If this happens, contact the police and your local council immediately.

If your housing situation is part of a wider financial difficulty, speaking with a regulated financial adviser can help you see the full picture and plan your next steps, particularly if you are weighing up whether renting remains the right long-term option for your circumstances.

Renting and Your Longer-Term Financial Plan

Renting is not just a legal arrangement — it is a major financial commitment that shapes everything from how much you can save to when you might be able to buy. Some things worth keeping in mind:

  • Budget for volatility — rent can increase (within the rules above), so building a buffer into your financial plan is prudent
  • Saving for a deposit while renting — Lifetime ISAs allow first-time buyers to save up to £4,000/year and receive a 25% government bonus (£1,000/year maximum). ISAs more broadly keep savings sheltered from tax while you build a deposit.
  • Renting in retirement — the PLSA Retirement Living Standards benchmarks assume home ownership; if you expect to rent in retirement, you may need significantly more savings to cover housing costs. Our retirement projection tools let you model different housing scenarios and see how rental costs affect how long your money lasts.
  • Right to Buy — if you are a social housing tenant (council or housing association), you may be entitled to buy your home at a discount under Right to Buy or Right to Acquire schemes, subject to eligibility criteria

This article is for general educational purposes only and does not constitute legal or financial advice. Tenancy law is complex and rules differ between England, Scotland, Wales, and Northern Ireland. If you need advice tailored to your situation, seek help from Citizens Advice, Shelter, or a qualified solicitor.

Important: This article is for general educational purposes only and does not constitute financial advice. Tax rules can change and individual circumstances vary. If you need advice tailored to your situation, please consult a qualified, FCA-regulated financial adviser. You can browse advisers in our adviser directory.