Your Right to a Safe and Habitable Home
Under the Homes (Fitness for Human Habitation) Act 2018, your landlord must ensure the property is fit for human habitation throughout the tenancy — not just at the start. This covers 29 hazards including damp and mould, excess cold, electrical safety, fire safety, and structural stability.
If the property becomes unfit and the landlord fails to act within a reasonable timeframe, you can take them to court for breach of contract. The court can order repairs, award compensation, and require the landlord to pay your legal costs. You do not need to withhold rent to enforce this right — in fact, withholding rent without legal advice can put you at risk of eviction.
Deposit Protection
Your deposit must be registered in a government-approved tenancy deposit scheme (TDS, DPS, or MyDeposits) within 30 days of you paying it. The landlord must also give you 'prescribed information' — details of the scheme, how to get your deposit back, and how disputes are resolved.
If the landlord fails to protect your deposit, you can apply to the county court for compensation of between one and three times the deposit amount. Additionally, the landlord cannot serve a valid Section 21 (no-fault) eviction notice while the deposit is unprotected. This is one of the most commonly breached tenant rights in the UK.
| Deposit requirement | Rule | Consequence of breach |
|---|---|---|
| Protection in scheme | Within 30 days | 1–3x deposit compensation, Section 21 blocked |
| Prescribed information | Within 30 days | Same penalties as above |
| Maximum amount | 5 weeks' rent (under £50k pa) | Excess is recoverable via trading standards |
| Holding deposit | 1 week's rent maximum | Excess is a prohibited payment under Tenant Fees Act |
Privacy and Access
Your landlord does not have the right to enter the property whenever they want. They must give at least 24 hours' written notice and arrange a reasonable time — and you can refuse if the time is inconvenient. The only exceptions are genuine emergencies (gas leak, flood, fire).
Repeated unauthorised entry can constitute harassment under the Protection from Eviction Act 1977, which is a criminal offence. If your landlord is entering without permission, tell them in writing that they must give 24 hours' notice. If they continue, contact your local council's tenancy relations officer.
Eviction Protections
Your landlord cannot simply tell you to leave. During a fixed-term tenancy, they can only evict you using a Section 8 notice (which requires proving specific grounds, such as rent arrears or antisocial behaviour). After the fixed term, they can use a Section 21 notice (no-fault eviction) with at least two months' notice — but Section 21 is being abolished under the Renters' Reform Bill.
Regardless of the notice type, the landlord must go through the courts to obtain a possession order. Changing the locks, removing your belongings, or cutting off utilities to force you out is an illegal eviction — a criminal offence carrying fines and potential imprisonment.
Fees and Payments
The Tenant Fees Act 2019 banned most fees that landlords and agents can charge in England. The only permitted payments are: rent, a refundable tenancy deposit (capped at 5 weeks' rent), a holding deposit (capped at 1 week's rent), early termination charges (if agreed in the tenancy), and charges for lost keys or late rent (if specified in the tenancy agreement).
Any other charges — referencing fees, check-out fees, renewal fees, cleaning fees, admin fees — are prohibited. If you've been charged a prohibited fee, you can recover it through the county court, and you can report the agent to trading standards.
Repairs and Maintenance
Under Section 11 of the Landlord and Tenant Act 1985, your landlord is responsible for maintaining the structure and exterior of the property, installations for water, gas, electricity, sanitation, and space and water heating. This cannot be contracted out of, even if the tenancy agreement says otherwise.
If you report a repair and the landlord doesn't act within a reasonable time (typically 14 days for non-emergencies, 24 hours for emergencies), you can contact your local council's environmental health team. They can issue an improvement notice or prohibition order compelling the landlord to act.
- ▸Landlord's responsibility: Structure, roof, walls, drains, gutters, external pipes, boiler, radiators, gas fires, water heaters, basins, sinks, baths, toilets, electrical wiring
- ▸Tenant's responsibility: Day-to-day cleaning, minor tasks like changing light bulbs, reporting problems promptly, not causing damage
- ▸Grey areas: Appliances, gardens, and internal decoration vary by tenancy agreement
Key Takeaways
- ✓Your landlord must protect your deposit in a government scheme within 30 days — failure allows you to claim 1-3x compensation
- ✓Landlords must give 24 hours' written notice before entering — unauthorised entry is harassment
- ✓Illegal eviction (changing locks, cutting utilities) is a criminal offence — call the police
- ✓The Tenant Fees Act 2019 bans most fees — only rent, deposit, and holding deposit are allowed
- ✓Your landlord is legally responsible for structural repairs and heating systems regardless of what the tenancy says
- ✓Always report maintenance issues in writing and keep copies for potential escalation