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How much can my landlord increase my rent and can they keep my deposit or evict me? What are the rules about renting and eviction, and how are they changing?
(3 days later)
The average cost of renting in the UK rose by 9% in the year to February - the highest annual increase since records began in 2015. The government is introducing a law to ban so-called "no-fault" evictions.
What are your rights if your landlord tries to increase your rent, keep your deposit, or evict you? The Renters' Rights Bill will also outlaw rental "bidding wars", and stop landlords from blocking tenants on benefits or who have children or pets.
How often can my landlord increase my rent? What are the current rules about evictions?
Landlords already have to follow strict rules if they want a tenant to leave, which vary according to the type of tenancy.
Failure to follow the correct process can mean the eviction is illegal.
Most tenants in England's 4.6m privately rented homes, external have an assured shorthold tenancy, usually for a fixed term of six or 12 months, or rolling - with no end date.
There are two main types of eviction notice for people with these tenancies, which the landlord must provide in writing, external:
section 8, external - where they provide a reason for wanting the tenant to leave, such as late rent payments
section 8, external - where they provide a reason for wanting the tenant to leave, such as late rent payments
section 21, external - where they don't provide a reason (a "no-fault" eviction)
section 21, external - where they don't provide a reason (a "no-fault" eviction)
Once the notice period ends - at least two months under section 21 - the landlord can start eviction proceedings in court.
According to the housing charity Shelter, there have been more than 26,000 no-fault evictions in England since 2019, when the Conservatives first promised to change the law.
But it is illegal for landlords to change the locks or use force, external to evict a tenant.
Other tenancy contracts have different rules, external, and eviction rules also vary in Scotland, external, Wales, external and Northern Ireland, external.
How will evictions work in the future?
The Renters' Rights Bill, external - which must be approved by MPs and peers - will ban section 21 evictions in England, and introduce a new system for evicting tenants where the landlord has grounds for asking them to leave.
If the bill becomes law, new tenants will have a 12-month "protected period" where they can't be evicted if the landlord wants to move in or sell the property.
After this period, the landlord will have to give them four months' notice to leave.
The landlord will still be able to reclaim the property for other reasons, external, such as rent arrears or criminal behaviour.
Once the protected period ends, tenancies will move to what the government calls "a periodic basis", with no fixed end date. Landlords will have to provide a specific reason and give notice to end a tenancy.
When the new system is implemented, all existing tenancies - including rolling ones - will convert to the new system.
Housing Minister Matthew Pennycook hopes the changes will take effect before summer 2025.
A new system for private providers of social housing will be introduced separately.
How often can my landlord increase my rent, and by how much?
It depends on your rental agreement and where you live in the UK.It depends on your rental agreement and where you live in the UK.
Most tenants in England's 4.6m privately rented homes, external - about one in five households - have an assured shorthold tenancy. If you are on a fixed term in England, the landlord:
These are usually for a fixed term of six or 12 months, or rolling - which means there's no end date.
If you are on a fixed term, the landlord:
normally can't put the rent up until the term ends - unless the contract has a rent review clause, externalnormally can't put the rent up until the term ends - unless the contract has a rent review clause, external
normally can't put the rent up until the term ends - unless the contract has a rent review clause, externalnormally can't put the rent up until the term ends - unless the contract has a rent review clause, external
must give at least one month's notice must give at least one month's notice, or six months' notice if the fixed term is a year
must give at least one month's notice must give at least one month's notice, or six months' notice if the fixed term is a year
or, if the fixed term is a year, landlords must give six months' notice
or, if the fixed term is a year, landlords must give six months' notice
If you are on a rolling agreement, the landlord:If you are on a rolling agreement, the landlord:
can usually only put up the rent once a yearcan usually only put up the rent once a year
can usually only put up the rent once a yearcan usually only put up the rent once a year
must give at least one month's noticemust give at least one month's notice
must give at least one month's noticemust give at least one month's notice
Renting rules are different in Scotland, external, Wales, external and Northern Ireland, external. In England, landlords can only increase your rent by a "fair and realistic" amount, external, in line with average local rents.
How much can my landlord increase my rent? Under the new plans, all private landlords will only be allowed one annual rent increase at the market rate.
In England, landlords can only increase your rent by what the government calls a "fair and realistic", external amount. They will also have to publish how much rent they want when re-letting a property, banning rental bidding wars
That means in line with average local rents. The rules about rent rises are different in Scotland, external, Wales, external and Northern Ireland, external.
UK rent prices up 9% in record yearly rise, says ONS What are the rules about deposits?
UK rent prices up 9% in record yearly rise, says ONS The most landlords can ask for is five weeks' rent - or six if you pay more than £50,000 a year, external.
How much is a deposit for renting and how do I get it back?
Most landlords ask for a deposit before you move in.
The most they can charge is five or six weeks' rent, depending on your annual rent, external.
If you have an assured shorthold tenancy in England or Wales, landlords must put your deposit in a government approved tenancy deposit scheme (TDP), external.If you have an assured shorthold tenancy in England or Wales, landlords must put your deposit in a government approved tenancy deposit scheme (TDP), external.
This is to ensure you get your deposit back if you: This means you will get your deposit back if you:
meet the terms of your tenancy agreementmeet the terms of your tenancy agreement
meet the terms of your tenancy agreementmeet the terms of your tenancy agreement
do not damage the propertydo not damage the property
do not damage the propertydo not damage the property
pay your rent and billspay your rent and bills
pay your rent and billspay your rent and bills
At the end of your tenancy, the landlord must return your deposit within 10 days of you both agreeing how much you'll receive. At the end of your tenancy, the landlord must return the deposit within 10 days of agreeing the amount owed.
If there's a dispute over the amount, the TDP offers a resolution service. The TDP can help resolve disputes.
There are different TDP schemes in Scotland , externaland Northern Ireland, external. Different schemes operate in Scotland, external and Northern Ireland, external.
Can my landlord evict me and what is a no-fault eviction?
Landlords need to follow strict rules, external if they want a tenant to leave.
If not, the eviction could be illegal, or the landlord could be guilty of harassment.
In England, there are two types of eviction notice, which the landlord must provide in writing, external:
section 8, external - where they provide a reason for wanting you to leave, such as late rent payments
section 8, external - where they provide a reason for wanting you to leave, such as late rent payments
section 21, external - where they don't provide a reason (a "no fault" eviction). New laws have been proposed to ban no fault evictions, but they have not yet been approved by Parliament
section 21, external - where they don't provide a reason (a "no fault" eviction). New laws have been proposed to ban no fault evictions, but they have not yet been approved by Parliament
Once the notice period ends, the landlord can start eviction proceedings through court, external.
Landlords can apply for a so-called "possession order". If that is granted and you don't leave, landlords can apply for a "warrant for possession".
It is illegal for landlords to change the locks or use force, external to evict a tenant.
Other tenancy contracts have different rules, external and eviction rules also differs in Scotland, external, Wales, external and Northern Ireland, external.
Can a landlord enter a rental property?
In England, the landlord must give you at least 24 hours' notice to enter, external.
They must visit at a reasonable time of day, unless it's an emergency.
The landlord might make an initial inspection after a tenant moves in.
After that, visits should be at least three months apart, the National Residential Landlords Association says.
What condition does a rental home have to be in?What condition does a rental home have to be in?
Tenants in England have the right to "live in a property that's safe and in a good state of repair", external. Similar rules apply in Scotland, external, Wales, external, and Northern Ireland, external. Tenants in England have the right to "live in a property that's safe and in a good state of repair", external.
A rented home could be unfit if, for example, the electrics are unsafe, it's damp, or there's a problem with rats or mice, external. Similar rules apply in Scotland, external, Wales, external, and Northern Ireland, external.
A home could be unfit if, for example, the electrics are unsafe, it's damp, or there's a problem with mice, external.
The new law will extend a series of mandatory building safety rules for social properties to private renters.
It also specifies a timeframe for landlords to resolve serious hazards, external. Failure to do so risks a fine of up to £7,000 or prosecution.
What can you do if your landlord won't fix something?What can you do if your landlord won't fix something?
What can you do if your landlord won't fix something?What can you do if your landlord won't fix something?
Can a landlord refuse to rent to me if I have children, claim benefits, or have pets? How will Awaab’s law help tackle mould in houses?
There are no laws that explicitly stop landlords from refusing to rent to people with children. How will Awaab’s law help tackle mould in houses?
But since women are more likely to live with children, any such refusal in England, Wales and Scotland is likely to be indirect discrimination under the Equality Act 2010, says Shelter. Can a landlord refuse to rent to me if I have children or claim benefits?
The charity has a guide on how to challenge a ban on children, external. Those in Northern Ireland can get help from Housing Rights., external No current laws explicitly stop landlords from rejecting families with children.
A draft of the Renters (Reform) Bill in July 2022 had sought to make it illegal for a landlord to refuse tenancies to families with children, or those on benefits. However, when the bill was presented in May 2023, the measures were not included. However, since women are more likely to live with children, any such refusal in England, Wales and Scotland is likely to be indirect discrimination under the Equality Act 2010, says Shelter.
The government said it remained committed to bringing forward legislation, external to make it illegal for landlords and agents to impose blanket bans on those with children and benefit claimants. The charity has a guide on how to challenge a ban, external. Housing Rights, external can advise in Northern Ireland.
'No DSS' letting bans 'ruled unlawful' by court Similarly, refusing to rent because someone is on benefits may break equality law, according to Citizen's Advice., external
'No DSS' letting bans 'ruled unlawful' by court The new bill directly outlaws blanket bans for tenants with children or who are on benefits, external.
The Renters (Reform) Bill is also looking to give tenants a legal right to request to keep a "well-behaved" pet. What are the rules about pets?
If passed, the landlord can only refuse on reasonable grounds, external - such as the size of the property. A legal tenancy agreement can specify that no pets are allowed.
However, landlords will be able to charge a higher rent to cover the risk of pet damage. But if it says permission can be sought for a pet, a landlord needs a reason to refuse.
The new law will give all tenants a legal right to request to keep a pet.
If passed, the landlord can only refuse on reasonable grounds, external, although they will be able to ask tenants to take out extra insurance.
When can a landlord enter a rental property?
In England, the landlord must give at least 24 hours' notice to enter, external.
They must visit at a reasonable time of day, unless it's an emergency.
After any initial inspection when a tenant moves in, visits should be at least three months apart, according to the National Residential Landlords Association.
Related topicsRelated topics
RentingRenting
Eviction
Cost of LivingCost of Living