How much can my landlord increase my rent and can they keep my deposit or evict me?
-
Published
The average cost of renting in the UK rose by 9% in the year to February â the highest annual increase since records began in 2015.
What are your rights if your landlord tries to increase your rent, keep your deposit, or evict you?
How often can my landlord increase my rent?
It depends on your rental agreement and where you live in the UK.
Most tenants in Englandâs 4.6m privately rented homes, external â about one in five households â have an assured shorthold tenancy.
These are usually for a fixed term of six or 12 months, or rolling â which means thereâs no end date.
If you are on a fixed term, the landlord:
-
normally canât put the rent up until the term ends â unless the contract has a rent review clause, external
-
must give at least one monthâs notice
-
or, if the fixed term is a year, landlords must give six monthsâ notice
If you are on a rolling agreement, the landlord:
-
can usually only put up the rent once a year
-
must give at least one monthâs notice
Renting rules are different in Scotland, external, Wales, external and Northern Ireland, external.
How much can my landlord increase my rent?
In England, landlords can only increase your rent by what the government calls a âfair and realisticâ, external amount.
That means in line with average local rents.
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 weeksâ 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.
This is to ensure you get your deposit back if you:
-
meet the terms of your tenancy agreement
-
do not damage the property
-
pay 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 youâll receive.
If thereâs a dispute over the amount, the TDP offers a resolution service.
There are different TDP schemes in Scotland , externaland 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 â where they provide a reason for wanting you to leave, such as late rent payments
-
section 21, external â where they donât provide a reason (a âno faultâ 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 âpossession orderâ. If that is granted and you donât leave, landlords can apply for a âwarrant for possessionâ.
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 hoursâ notice to enter, external.
They must visit at a reasonable time of day, unless itâs 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?
Tenants in England have the right to âlive in a property thatâs safe and in a good state of repairâ, external. Similar rules apply in Scotland, external, Wales, external, and Northern Ireland, external.
A rented home could be unfit if, for example, the electrics are unsafe, itâs damp, or thereâs a problem with rats or mice, external.
Can a landlord refuse to rent to me if I have children, claim benefits, or have pets?
There are no laws that explicitly stop landlords from refusing to rent to people with children.
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.
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
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.
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 Renters (Reform) Bill is also looking to give tenants a legal right to request to keep a âwell-behavedâ pet.
If passed, the landlord can only refuse on reasonable grounds, external â such as the size of the property.
However, landlords will be able to charge a higher rent to cover the risk of pet damage.
Related Topics
-
-
Published1 March
-
-
-
Published28 February
-
-
-
Published4 July 2023
-