Landlord & Tenant — Frequently Asked Questions
Common questions about landlord & tenant, answered by our solicitors.
How much notice must a landlord give to end an assured shorthold tenancy?
For a no-fault eviction under Section 21 of the Housing Act 1988, a landlord must currently give at least two months' written notice, and the notice can only be used where prescribed requirements have been met, such as protecting the deposit and providing the required documents. Where the landlord relies on specific grounds, such as rent arrears, a Section 8 notice is used and the notice period depends on the grounds relied upon. The law in this area is subject to reform, so it is wise to check the current position.
Does my landlord have to protect my deposit?
Yes. For an assured shorthold tenancy in England, a landlord must protect your deposit in a government-approved tenancy deposit scheme within 30 days of receiving it and provide you with the prescribed information. If they fail to do so, you may be entitled to compensation of between one and three times the deposit, and the landlord's ability to use a Section 21 notice may be affected.
Who is responsible for repairs in a rented property?
Under the Landlord and Tenant Act 1985, landlords are generally responsible for keeping the structure and exterior of the property in repair, along with installations for water, gas, electricity, sanitation and heating. Tenants are usually responsible for minor day-to-day upkeep and for any damage they cause. Properties must also be fit for human habitation under the Homes (Fitness for Human Habitation) Act 2018.
Can my landlord enter the property whenever they want?
No. Even though they own the property, a landlord must give you at least 24 hours' written notice before entering, except in a genuine emergency, and must visit at a reasonable time. As a tenant you have the right to quiet enjoyment of your home, and a landlord who repeatedly enters without permission may be committing harassment.
What can I do if my landlord is trying to evict me unlawfully?
A landlord must follow the correct legal process to evict you, which means serving a valid notice and, if you do not leave, obtaining a possession order from the court and, ultimately, a warrant enforced by county court bailiffs. Evicting you without a court order, changing the locks, or harassing you to leave is a criminal offence under the Protection from Eviction Act 1977. You should seek urgent legal advice if this happens.
What happens if a tenant falls into rent arrears?
A landlord may seek possession on the basis of rent arrears, often using grounds under Section 8 of the Housing Act 1988. Where a tenant owes at least two months' rent at the date of the notice and the hearing, this can be a mandatory ground for possession. Tenants facing arrears should seek advice early, as it may be possible to agree a repayment plan or access financial support before matters escalate.
Can a landlord increase the rent during a tenancy?
During a fixed-term tenancy, rent can usually only be increased if the agreement allows it or both parties agree. For a periodic tenancy, a landlord may propose an increase using the statutory procedure, typically once a year, by serving the prescribed form. A tenant who considers a proposed increase to be unreasonable may be able to challenge it. We can advise on whether a particular increase is valid.