Renters' rights in England: what tenants are entitled to under the new law
SYM··Housing
The Renters Rights Act has fundamentally changed the relationship between landlords and tenants in England. The most significant overhaul of private rental law in decades, it abolishes no-fault evictions, restricts rent increases, and strengthens tenant protections. Here's what it means for you as a renter.
Section 21 Abolished: No-Fault Evictions Gone
The most significant change: landlords can no longer use Section 21 'no-fault' notices to evict tenants. Previously, landlords could simply serve 2 months' notice without giving a reason. Now, landlords must cite specific grounds for possession (detailed in the Act) and must genuinely rely on them. This provides substantially greater security — you can only be evicted for legal reasons such as rent arrears, breach of tenancy terms, or the landlord genuinely needing the property back to sell or live in.
New Grounds for Possession
Under the new regime, landlords can only seek possession through legitimate grounds. These include: significant and persistent rent arrears, serious breach of tenancy obligations, the landlord wishing to sell the property (with restrictions to prevent misuse), the landlord or close family member genuinely needing to move in, and anti-social behaviour. For sale or landlord moving in: there's typically a minimum tenancy period before these can be used and restrictions on re-letting.
Landlord selling: protection period prevents immediate re-letting after eviction
Rent arrears threshold: specified level of arrears must be reached
Right to challenge: tenants can dispute possession through updated tribunal process
Anti-social behaviour: faster possession available for serious cases
Rent Increase Restrictions
Landlords are limited to one rent increase per year in periodic tenancies. Rent can only be increased to market rate — landlords cannot impose above-market increases. Tenants have the right to challenge proposed increases through the First-tier Tribunal if they believe the proposed rent is above market value. A successful challenge could result in the rent being set at the tribunal's assessment of market rent.
Can landlords still do credit checks and referencing?
Yes — landlords retain the right to reference prospective tenants. However, they cannot discriminate against certain groups including those on benefits (DSS discrimination). Landlords' ability to demand guarantors is also being reviewed.
What if my landlord serves an invalid eviction notice?
Invalid notices are unenforceable. Always seek advice from Shelter, Citizens Advice, or a housing solicitor before vacating in response to any eviction notice. Many tenants leave unnecessarily due to invalid or procedurally incorrect notices.
Deposit Protections and Repairs
Existing protections remain reinforced: landlords must protect deposits in a government-approved scheme (Deposit Protection Service, MyDeposits, or TDS) within 30 days of receiving them and provide 'prescribed information' to tenants. Failure carries significant financial penalties. For repairs: landlords must maintain properties to the Decent Homes Standard and respond to repair requests within specified timeframes. The 'Awaab's Law' provisions requiring prompt action on mould and damp have been extended to the private rented sector.