UK Landlord and Tenant Rights 2026: Notice, Deposits, Repairs and Section 21

Renting in England carries a long list of rights and obligations on both sides. Tenants have a right to a written tenancy agreement, a protected deposit and a property that meets the Homes (Fitness for Human Habitation) Act standard. Landlords have a right to receive rent on time, to inspect the property with notice and to recover possession through legally defined routes.

This guide walks through the rules currently in force in England, with notes on Scotland, Wales and Northern Ireland where the rules differ. It also flags what is changing under the Renters Rights Bill, which is set to alter Section 21 and the structure of periodic tenancies.

The legal framework

Most private rentals in England are governed by the Housing Act 1988 and a stack of subsequent legislation including the Tenant Fees Act 2019, the Homes (Fitness for Human Habitation) Act 2018 and the Deregulation Act 2015. Scotland uses the Private Residential Tenancy under the Private Housing (Tenancies) (Scotland) Act 2016. Wales uses occupation contracts under the Renting Homes (Wales) Act 2016.

Most short term private rentals in England use an Assured Shorthold Tenancy. An AST has a fixed term (typically 6 or 12 months) and then becomes a periodic tenancy unless renewed or ended.

Letting agents in England must belong to a government approved redress scheme. The two main approved schemes are the Property Ombudsman and the Property Redress Scheme.

Tenant rights: deposits, repairs, quiet enjoyment

Deposits on an AST in England are capped at five weeks rent (six weeks if annual rent is over £50,000) under the Tenant Fees Act. The deposit must be protected in one of three government backed schemes within 30 days of receipt: Deposit Protection Service, MyDeposits or Tenancy Deposit Scheme.

The landlord must keep the property in repair, including the structure, exterior, sanitary fittings and installations for heating, hot water and electricity. The Homes (Fitness for Human Habitation) Act lets tenants take a landlord to court if the property is not fit to live in. Local authorities can also enforce standards through the Housing Health and Safety Rating System.

Tenants have a right to quiet enjoyment of the property. A landlord must give at least 24 hours notice before visiting and visits must be at reasonable hours. Repeated unannounced visits can amount to harassment, which is a criminal offence under the Protection from Eviction Act 1977.

Banned fees include payments for inventory checks, references, professional cleaning at the end of a tenancy and most check in or check out fees. Permitted payments are rent, deposit, holding deposit (capped at one week rent), default fees for genuine losses, payments to change a tenancy at the tenant's request and certain utility related charges.

Landlord rights: rent collection, notice, possession

A landlord has a right to receive rent on the date specified in the tenancy agreement and to seek possession if a tenant breaches the agreement. The landlord must follow legally specified routes for ending a tenancy and recovering possession.

Before serving a Section 21 notice in England, the landlord must have protected the deposit on time and provided the tenant with prescribed information including the How to Rent guide, a current Energy Performance Certificate and a Gas Safety Record. Failure to do any of these blocks a valid Section 21.

The landlord can apply to the county court for a possession order if the tenant does not leave after the notice expires. The court process can take several months and is the only legal route to evict an AST tenant in England. Self help eviction is a criminal offence.

Section 21 and Section 8 explained

Section 21 is the no fault eviction route. A landlord can serve a Section 21 notice once the fixed term has ended (or is ending) and at least two months notice is required. The landlord does not need to give a reason. The notice must be on the prescribed form and meet all preconditions including deposit protection.

Section 8 is the fault based eviction route. The landlord serves a notice citing one or more grounds in Schedule 2 of the Housing Act 1988. Common grounds include rent arrears (Ground 8 requires at least two months arrears at the date of notice and hearing), breach of tenancy and antisocial behaviour. Notice periods range from 2 weeks to 2 months depending on the ground.

The Renters Rights Bill plans to abolish Section 21 and require landlords to use specific grounds under a reformed Section 8 framework. The Bill also sets out new fixed periodic tenancies and changes to how rent increases work. Until commencement the existing Section 21 process continues.

Disputes, deposit schemes, and the Property Ombudsman

Deposit disputes go to the protection scheme's free alternative dispute resolution service. Both parties submit evidence and the scheme adjudicates without going to court. The decision is binding if both parties opt in (and the deposit is held in the custodial scheme, in some cases the decision is automatic).

Letting agent disputes are handled by the agent's mandatory redress scheme: Property Ombudsman or Property Redress Scheme. These bodies investigate complaints about the agent's conduct, can require apologies, refunds or compensation, and publish decisions.

Local authorities enforce property standards. A tenant who believes the property is unsafe can request an inspection by the local council's housing team, which has powers under the Housing Health and Safety Rating System.

When the Renters Rights Bill 2025 changes apply

The Renters Rights Bill received parliamentary attention through 2025 and is expected to bring major reforms. Headline changes include the abolition of Section 21, the move from fixed term ASTs to periodic tenancies as the default, restrictions on rent in advance and a new private rented sector ombudsman.

Commencement is phased. Some provisions come into force on Royal Assent, others on dates set by the Secretary of State by regulation. Tenants and landlords should check gov.uk for the latest commencement dates before relying on the new regime.

For now, existing rules under the Housing Act 1988 continue to apply. Notices served before commencement under the existing law remain valid through their existing process. Once Section 21 is abolished, landlords will need to rely on the reformed Section 8 grounds to recover possession.

Frequently asked questions

How long does a Section 21 notice have to be?

At least two months in England. The notice must use the prescribed form and the landlord must have complied with the deposit, EPC, gas safety and How to Rent preconditions.

Can a landlord raise the rent during a fixed term?

Only if the tenancy agreement contains a valid rent review clause. Outside of a clause, a rent increase during a fixed term needs the tenant's agreement. After the fixed term, the landlord can serve a Section 13 notice (one rent rise per year, at least one month notice).

What happens if my deposit was not protected?

The landlord cannot use Section 21 to end the tenancy until the deposit is protected or returned. The tenant can also apply to the county court for a penalty of one to three times the deposit amount.

Who pays for repairs?

Most structural and installation repairs are the landlord's responsibility under section 11 of the Landlord and Tenant Act 1985 and the Homes (Fitness for Human Habitation) Act 2018. Tenants are responsible for minor repairs caused by their own actions and for keeping the property reasonably clean.

Can a landlord evict a tenant without going to court?

No. Self help eviction is a criminal offence under the Protection from Eviction Act 1977. A landlord must obtain a court order and instruct a county court bailiff or High Court enforcement officer to carry out the eviction.

Is the Renters Rights Bill in force now?

Some provisions are in force and others depend on commencement orders made by the Secretary of State. Check gov.uk for the latest commencement dates before relying on the new rules.