The Housing Act and assured shorthold tenancies
Most residential tenancies in England are assured shorthold tenancies governed by the Housing Act 1988, as amended. The act sets out how a tenancy begins, the grounds for possession and the notice requirements that must be followed before a landlord can seek to end it. The rules have continued to change, so check the current position rather than relying on older guidance.
Tenant fees and prohibited charges
The Tenant Fees Act 2019 limits what landlords and agents can charge tenants. Prohibited fees include referencing, administration and most other charges outside rent, deposits and the permitted default payments. Before a tenancy starts, only a holding deposit and a tenancy deposit within the statutory caps may be required.
Deposit protection
A tenancy deposit must be protected in an approved scheme within 30 days of receipt, and the prescribed information given to the tenant. Failing to protect a deposit can prevent certain possession routes and lead to a financial penalty. The deposit cap is five weeks rent where annual rent is below £50,000, and six weeks above that threshold.
Right to Rent and identity checks
Right to Rent checks require every adult living in the property to have their right to rent verified before the tenancy starts, with follow-up checks where the right is time-limited. The check applies regardless of who is named on the agreement and must be applied consistently to all adult occupants.
Repairs, safety and energy standards
Landlords must keep the property fit for human habitation, maintain gas and electrical safety, provide a valid energy performance certificate and meet the relevant minimum energy efficiency standard. Smoke and carbon monoxide alarms must be installed and checked at the start of each new tenancy.