Your Rights as a Tenant
As a tenant in England, you are protected by a robust framework of housing law. Whether you rent privately or from a social landlord, you have rights that your landlord must respect. These include the right to live in a safe and well-maintained property, protection of your deposit, and rules your landlord must follow before they can evict you.
Last updated: 2026-05-22
Your Rights
Right to a Safe and Habitable Home
Your landlord must ensure the property is fit for human habitation throughout the tenancy. This includes structural safety, freedom from damp, adequate heating, hot and cold water, and functioning sanitation. Since March 2019, the Homes (Fitness for Human Habitation) Act applies to all tenancies.
Right to Deposit Protection
If you pay a tenancy deposit, your landlord must protect it in one of three government-approved schemes within 30 days. They must also give you prescribed information about which scheme is used. Failure to protect the deposit means the landlord cannot serve a valid Section 21 notice.
Right to Quiet Enjoyment
You have the right to live in the property without unreasonable interference from your landlord. This means your landlord cannot enter without giving at least 24 hours' notice (except in emergencies) and must have your permission.
Protection from Unfair Eviction
Your landlord cannot evict you without following the correct legal process. For assured shorthold tenancies, they must serve the correct notice (Section 21 or Section 8) and obtain a court order. Changing locks, removing belongings, or harassment to force you out is a criminal offence.
Right to Challenge Unfair Rent Increases
Your landlord can only increase rent at certain times and in the correct way. For periodic tenancies, they must use a Section 13 notice. You can challenge an excessive increase by applying to the First-tier Tribunal (Property Chamber).
Right to Know Your Landlord's Identity
You are legally entitled to know who your landlord is. If you write to your landlord's agent asking for the landlord's name and address, they must provide this within 21 days. Failure to do so is a criminal offence.
Protection from Retaliatory Eviction
If you make a legitimate complaint about the condition of your property and the local authority serves an improvement notice, your landlord cannot use a Section 21 eviction notice for six months afterwards.
Common Myths
Your landlord can enter the property whenever they want.
Your landlord must give at least 24 hours' written notice and can only enter at reasonable times, unless it's a genuine emergency (e.g. gas leak, flood).
If you complain about repairs, you'll get evicted.
The Deregulation Act 2015 provides protection from 'retaliatory eviction.' If the council serves an improvement notice, your landlord cannot use Section 21 for 6 months.
You can't do anything if your landlord won't return your deposit.
If your deposit was protected in a scheme, you can use the scheme's free dispute resolution service. If it wasn't protected, you can claim up to 3x the deposit through the courts.
A landlord can evict you with just two weeks' notice.
The minimum notice period for a Section 21 (no-fault) eviction is two months, and the landlord still needs a court order to physically remove you.
What To Do
Check Your Tenancy Agreement
Read your tenancy agreement carefully. It sets out your rights and obligations. If you don't have a written agreement, you still have legal rights.
Report Repairs in Writing
Always report repair issues to your landlord in writing (email or letter). Keep copies. This creates a record and starts the clock on their obligation to fix problems.
Check Your Deposit Is Protected
Ask your landlord which scheme your deposit is in, or check directly with all three schemes: DPS, MyDeposits, and TDS.
Contact Your Local Council
If your landlord refuses to make repairs, contact your local authority's environmental health department. They can inspect and serve enforcement notices.
Seek Advice Before Agreeing to Leave
Never leave because your landlord tells you to without getting legal advice first. They may not have followed the correct procedure.
Key Legislation
- Housing Act 1988
- Housing Act 2004
- Landlord and Tenant Act 1985
- Protection from Eviction Act 1977
- Deregulation Act 2015
- Homes (Fitness for Human Habitation) Act 2018
Useful Contacts
Frequently asked questions
- What must my landlord do with my tenancy deposit?
- Your landlord must protect your tenancy deposit in one of three government-approved schemes within 30 days and provide you with prescribed information about the scheme. If they fail to do this, they cannot serve a valid Section 21 notice to evict you. You can verify protection by checking directly with the DPS, MyDeposits, or TDS schemes.
- Can my landlord enter my home whenever they want?
- No, your landlord must give at least 24 hours' written notice and can only enter at reasonable times, unless it is a genuine emergency such as a gas leak or flood. They also require your permission to enter. Entering without proper notice or permission violates your right to quiet enjoyment.
- What can I do if my landlord ignores repair requests?
- If your landlord refuses to make necessary repairs, you should contact your local authority's environmental health department. They can inspect the property and serve enforcement notices. Additionally, if the local authority serves an improvement notice, your landlord is prohibited from using a Section 21 eviction notice for six months to prevent retaliatory eviction.
- How can a landlord legally evict me from my rental property?
- For assured shorthold tenancies, a landlord must serve the correct notice (Section 21 or Section 8) and obtain a court order to evict you. The minimum notice period for a Section 21 eviction is two months. Changing locks, removing belongings, or harassing you to leave without following this legal process is a criminal offence.
- What happens if my landlord refuses to return my deposit?
- If your deposit was protected in a scheme, you can use the scheme's free dispute resolution service to resolve the issue. If the deposit was not protected, you may be able to claim up to three times the deposit amount through the courts. It is advisable to seek legal advice before agreeing to leave or taking further action.