Landlord Guide to Renting in England

The standard private-sector tenancy in England is the Assured Shorthold Tenancy (AST), created by the Housing Act 1988, s. 19A (as inserted by the Housing Act 1996). An AST arises automatically for most tenancies granted on or after 28 February 1997, unless the landlord serves notice that a different tenancy type applies.

• An AST can be fixed-term (commonly 6 or 12 months) or periodic (rolling weekly or monthly)
• A written tenancy agreement is strongly recommended; the government publishes a model AST for landlords to use
• Any clause that attempts to contract out of the tenant's statutory rights is unenforceable
• Since 1 June 2019, the Tenant Fees Act 2019 prohibits most letting fees and caps tenancy deposits at 5 weeks' rent (or 6 weeks where annual rent exceeds £50,000)

Under the Housing Act 2004, ss. 212–215, landlords in England must protect any tenancy deposit in one of three government-approved Tenancy Deposit Schemes (TDS) within 30 days of receipt. The prescribed information about the scheme must also be served on the tenant within the same period.

• Approved schemes: Deposit Protection Service (DPS), MyDeposits, and Tenancy Deposit Scheme (TDS)
• The deposit must be protected within 30 days of receipt, and prescribed information served on the tenant (Housing Act 2004, s. 213)
• Maximum deposit is 5 weeks' rent where annual rent is under £50,000, or 6 weeks' rent where annual rent is £50,000 or above (Tenant Fees Act 2019, Sch. 1)
• Failure to protect a deposit prevents the landlord from serving a valid Section 21 notice and may result in a penalty of 1–3 times the deposit amount (Housing Act 2004, s. 214)

Before or at the start of an AST, landlords must provide a suite of mandatory documents. Failure to serve these prevents the landlord from using the Section 21 no-fault eviction procedure (Deregulation Act 2015, s. 33).

• The current edition of the government's 'How to Rent' guide (Deregulation Act 2015, s. 33(4))
• A valid Energy Performance Certificate (EPC) rated E or above (Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015)
• A current Gas Safety Certificate (CP12), renewed annually (Gas Safety (Installation and Use) Regulations 1998, reg. 36)
• An Electrical Installation Condition Report (EICR) dated within the last 5 years (Electrical Safety Standards in the Private Rented Sector (England) Regulations 2020)
• Deposit protection certificate and prescribed information (Housing Act 2004, s. 213)

Rent amounts in England are freely negotiable between landlord and tenant. There is no statutory rent control for ASTs, though the First-tier Tribunal (Property Chamber) can determine a market rent if referred under Housing Act 1988, s. 13 or s. 14.

• The tenancy agreement should specify the rent amount, payment frequency, and method of payment
• Since the Tenant Fees Act 2019, landlords may only charge rent, a capped deposit, a capped holding deposit (1 week's rent), and payments for default/variation where permitted
• Late-payment fees may only be charged if rent is 14+ days overdue and must not exceed 3% above the Bank of England base rate (Tenant Fees Act 2019, Sch. 1)

Landlords in England have a statutory obligation to keep the structure and exterior of the property in repair, and to maintain installations for water, gas, electricity, sanitation, and heating (Landlord and Tenant Act 1985, s. 11). This obligation cannot be contracted out of for tenancies under 7 years.

• Landlords must keep the structure, exterior, and installations for water, gas, electricity, heating, and sanitation in repair (Landlord and Tenant Act 1985, s. 11)
• Properties must meet the Decent Homes Standard and be free from Category 1 hazards under the Housing Health and Safety Rating System (Housing Act 2004, Part 1)
• Local authorities can serve improvement notices or prohibition orders on properties with serious hazards
• Fitness for Human Habitation is implied into all tenancies under the Homes (Fitness for Human Habitation) Act 2018

There is no single statute granting landlords a general right of entry in England. Access for repairs and inspections is governed by the tenancy agreement and common law. Landlords should give reasonable notice—typically at least 24 hours—and arrange visits at reasonable times.

• Give at least 24 hours' written notice before entering for routine inspections or non-emergency repairs
• The tenant's right to quiet enjoyment is protected at common law and reinforced by the Protection from Eviction Act 1977
• Entry without consent or notice (except in genuine emergencies) may constitute harassment or unlawful eviction

For periodic ASTs, landlords can increase rent using Housing Act 1988, s. 13 by serving a Section 13 notice, which must give at least one month's notice for monthly tenancies. For fixed-term tenancies, rent can be increased via a rent-review clause or by mutual written agreement.

• A Section 13 notice can be used once per year for periodic tenancies, giving at least one month's notice (Housing Act 1988, s. 13)
• During a fixed term, rent can only increase if the tenancy agreement contains a rent-review clause or the tenant agrees in writing
• Tenants can refer a Section 13 increase to the First-tier Tribunal (Property Chamber), which will determine a market rent
• There is no statutory cap on rent increases in England; the Tribunal assesses the open-market rent for the property

The notice a landlord must give depends on the type of tenancy and the grounds relied upon. Since the Deregulation Act 2015 reforms, additional requirements apply before a valid Section 21 notice can be served.

• Section 21 (no-fault): at least 2 months' notice; cannot be served within the first 4 months of the tenancy (Housing Act 1988, s. 21; Deregulation Act 2015, s. 33)
• Section 8 (fault-based): notice period varies from 2 weeks to 2 months depending on the ground relied upon (Housing Act 1988, s. 8 and Sch. 2)
• Tenant's notice: at least 1 month for a monthly periodic tenancy; must end on the last day of a period of the tenancy
• All notices must be in the prescribed form (Form 6A for Section 21; Form 3 for Section 8)

If a tenant does not leave after valid notice expires, the landlord must obtain a possession order from the county court. It is a criminal offence to evict a tenant without a court order (Protection from Eviction Act 1977, s. 1).

• Section 21 claims use the accelerated possession procedure (CPR Part 55) and do not usually require a hearing
• Section 8 claims require the court to be satisfied that one or more grounds in Schedule 2 of the Housing Act 1988 are proven
• If the tenant still does not leave after a possession order, the landlord must apply for a warrant of possession executed by county court bailiffs
• Illegal eviction and harassment are criminal offences under the Protection from Eviction Act 1977

At the end of the tenancy, the landlord must return the deposit (less any agreed deductions) within 10 days of both parties agreeing on the amount. If there is a dispute, the tenancy deposit scheme provides a free Alternative Dispute Resolution (ADR) service.

• Deductions may only be made for rent arrears, damage beyond fair wear and tear, or other breaches specified in the tenancy agreement
• Landlords should conduct a thorough check-out inspection (ideally with the tenant present) and provide an itemised list of proposed deductions
• If agreement cannot be reached, either party can refer the dispute to the deposit scheme's free ADR service
• The ADR decision is binding if both parties agree to use the service; otherwise the matter may go to the county court