Tenant guide to renting in England in 2026

Renting from a private landlord in England involves a web of terminology, legal rights and obligations that aren’t always obvious.

This guide explains both how the private rented sector works and what tenants’ rights and responsibilities are at each stage of a tenancy. It gives straightforward answers to the questions tenants ask most often. This blog post is particularly useful for those renting for the first time.

It also covers the new rules in the Renters’ Rights Act, which came into force on 1 May 2026. As a former solicitor and private landlord, I explain the legal framework and the practicalities, to help tenants understand what it means in practice.

>> Related Post: What new rights do tenants get in Renters’ Rights Act?

>> Useful Resource: Renting is changing: government guidance for renters

Last updated: 26 May 2026

_{This guide isn’t intended to provide specific legal advice for tenants, but to give general explanations of the key issues that arise when renting. If you’re a tenant who needs advice on your situation, I recommend Shelter and Citizens Advice. If you’ve received noticed that your landlord wants you to leave your rented home, you can obtain free advice from the new Housing Loss Prevention Advice Service. I’m unable to give advice to individual tenants as I’m no longer a practising solicitor.}

How renting works in England

Most rented homes in England are now let on Assured Periodic Tenancies under the Housing Act 1988, which became the default form of tenancy on 1 May 2026 when the Renters’ Rights Act came into force.

A tenant signs a tenancy agreement with the landlord (or the letting agent acting on the landlord’s behalf), pays a tenancy deposit, and then pays rent monthly. The tenancy has no fixed end date and rolls from one rent period to the next.

The tenant can leave at any time by giving two months’ notice to quit in writing, to expire in line with a rental period. The landlord can only end the tenancy by serving a Section 8 notice using Form 3A, which must state a valid ground for possession from a defined list in the Housing Act 1988.

During the tenancy, the landlord is responsible for keeping the property in good repair and ensuring it is safe to live in. The tenant is responsible for paying the rent, looking after the property, and using it as a home rather than damaging it.

If the tenant breaks the rules of the tenancy, for example by not paying the rent, the landlord can apply to the court for a possession order. If the landlord breaks the rules, for example by not protecting the deposit or by harassing the tenant, the tenant can apply to the court or report the landlord to the local council.

This is the basic shape of renting in England. The rest of this guide explains each stage in more detail.

Guide to the key terms used in renting in England

You’ll come across lots of technical and legal terms as a renter. I’ve included explanations of the key terms below.

What is a private landlord?

A private landlord is an individual or company who rents property to tenants and is not a provider of social housing.

What is social housing?

Social housing is a term used in the UK to describe lower-cost rented housing provided by landlords registered with the social housing regulator. They are known as social landlords, and can be a council or a housing association.

>> Related Post: What does Social Housing mean?

What’s the difference between a tenant and a renter?

The words “tenant” and “renter” are treated as synonyms, but they operate at different levels.

As a matter of law, legislation in England refers to “tenants”; even the Renters’ Rights Act uses the word “tenant” throughout, as that is the term used in the Housing Acts and other legislation such as the Landlord and Tenant Act 1985.

“Tenant” is a legal term. In England, a tenant is someone with a tenancy, which grants them exclusive possession of the property in exchange for rent. Since 1 May 2026, the default tenancy in England is an assured periodic tenancy, without a fixed-term or minimum term. The status comes with statutory protection in the Housing Act 1988, Tenant Fees Act 2019, and more latterly the Renters’ Rights Act. Tenancies also come with rights and obligations on both the tenant and the landlord.

“Renter” has no legal meaning and is not defined in the Renters’ Rights Act, which itself refers to tenants. It’s a descriptive label for anyone paying to live somewhere, and includes tenants in the strict legal sense, as well as lodgers (who share the landlord’s home) and property guardians.

What does unfurnished mean?

When a property is let unfurnished, the landlord does not provide furniture or most appliances, although most supply a cooker and a hob.

This is because there’s not much that a landlord is legally required to provide in an unfurnished property in England. The list below shows what landlords must provide:

• Smoke alarms on every floor
• Carbon monoxide alarms in rooms with “fixed combustion appliances”
• Working locks to external doors
• Safe light fittings
• Floor coverings

Landlords aren’t even required to provide curtain poles, blinds or curtains, although many do.

For a full explanation of what is best practice for landlords to provide in unfurnished properties, click here: What Landlords should provide in unfurnished properties in England and Wales.

The different types of tenancies in England

What is an Assured Periodic Tenancy agreement?

The Assured Periodic Tenancy (or APT) became the default form of tenancy agreement for renters in England on 1 May 2026.

When a tenant enters into an APT, they must be given compulsory terms known as the “written statement of terms”, which can be either in the tenancy agreement or in a separate document. This means that tenants can’t enter into tenancies unless they have the terms in writing.

>> Related Post: What is an Assured Periodic Tenancy?

>> Related Post: The new Written Statement of Terms

What is an Assured Shorthold Tenancy?

The Assured Shorthold Tenancy or AST was the default tenancy before the Renters’ Rights Act tenancy reforms were implemented on 1 May 2026. It has now been abolished for the private rented sector.

What is a high rent tenancy?

A high rent tenancy is where the annual rent is above £100,000.

High rent tenancies are outside the scope of the Housing Act 1988, and most of the rules that apply to landlords don’t apply, for instance the Tenant Fees Act, the Renters’ Rights Act.

What if I rent a room in a house where the landlord is living?

If someone rents a room in the same property as the owner, and shares living space (kitchen, lounge or bathroom), then they are a lodger and not a tenant.

Lodgers don’t have the same rights as tenants. For instance, provided that the landlord gives the correct notice, they won’t need a court order to evict the lodger. There’s also no requirement to register a deposit in a Deposit Protection Scheme.

Lodgers rent the room under a lodger’s agreement, and not an Assured Periodic Tenancy.

What is a single let?

A single let is where a single household, which could be a family, couple or single person, rents the entire property.

With a single let, the tenant is usually responsible for the bills, and this should be set out clearly in the Assured Tenancy Agreement.

All of the adults living in the property should sign the tenancy agreement.

What does an HMO mean?

A property is a House in Multiple Occupation (HMO) if 3 or more tenants from more than one household live there, and some or all tenants share common parts such as a toilet, bathroom, or kitchen facilities.

For example, 3 single people with their own rooms, or 2 couples each sharing a room. Each tenant rents a room in the property. There are lots of rules associated with HMOs: What is an HMO?

If the tenants of an HMO know each other and move in together, they may rent the property together, as a “joint tenancy”. This is common for student HMOs.

If they don’t know each other and move in and out at different times, they will rent the room on a “room only” basis, with access to the common parts.

With HMOs, often but not always, the landlord includes the bills in the rent. People renting rooms in HMOs might have separate tenancy agreements, or be joined together on one tenancy agreement.

It is compulsory for landlords to set out clearly the arrangements for bills for an Assured Periodic Tenancy, either in the tenancy agreement or a standalone written statement of terms.

HMOs have to be licensed if there are 5 or more occupants. They may also be licensed if there are 3 or 4 occupants, if the local council requires it for that area.

The meaning of a fixed term tenancy

A fixed term tenancy is a tenancy agreement where a tenant agrees to rent a property for a minimum period. They were very common before the Renters’ Rights Act came into force on 1 May 2026.

However, all fixed term tenancies converted into assured periodic tenancies on 1 May 2026, which tenants may terminate with two months’ notice to quit at any time, to expire in line with a rental period.

A landlord or a letting agent can receive a civil penalty of up to £7,000 under Section 16I of the Housing Act 1988 if they “purport to let for a fixed term” after 1 May 2026.

What is a periodic tenancy?

A periodic tenancy doesn’t have an end date, and rolls from month to month until either the tenant serves a notice to quit or surrenders the tenancy, or the landlord regains possession using a ground under Section 8 of the Housing Act 1988.

>> Related Post: The rules for tenants to end a tenancy with a valid notice to quit

>> Related Post: Section 8 grounds for possession

What is a tenancy renewal?

A renewal used to take place before the Renters’ Rights Act came into force. It was when the landlord and the tenant agreed to another fixed term tenancy at the end of a fixed term for another period.

Now the Renters’ Rights Act is in force, tenancies no longer “renew”. Instead, they are periodic and tenants can serve a notice to quit at any time with two months’ notice, to expire in line with a rent period.

What do landlords look for when they choose tenants?

There is a lot of competition for rental properties at the moment, as demand is outstripping supply. Although it’s a stressful time for renters when they look for somewhere to rent, landlords are anxious to find good tenants.

What is a good tenant? For me, I look for the following in applicants:

• Tenants who will pay the rent in full and on time.
• Renters who will look after the property properly and let me know when something needs repair.
• Tenants who will be good neighbours (or good house mates when it comes to an HMO).

>> Related Post: Landlord Guide on How to Choose Good Tenants

How does the referencing process work for renters?

Landlords (or their letting agents) carry out referencing to check what the applicant has told them. It usually involves using a specialist company to check whether the tenant has had any bad debts, reports back their income, and to obtain a reference from a previous landlord.

The company will make a recommendation as to whether the tenant can afford the property, and whether they have “passed” the various checks. If the tenant fails the affordability reference or has a bad credit history, the letting agent or landlord may ask for a guarantor.

Click here for more information on the referencing checks that most landlords will carry out: Renter Referencing.

What’s a guarantor and why might it be needed?

A guarantor is someone who agrees to “guarantee” payment of the rent. This means that they will pay the tenant’s rent if the tenant doesn’t pay it, if they damage the property or don’t pay the rent until the end of the tenancy.

Landlords often ask for guarantors from people with poor credit histories, students, self-employed people with irregular income, and people on low income.

What should tenants do if they have CCJs, low credit scores, previous rent arrears?

Honesty really is the best policy here. It’s cheap and easy for landlords to carry out a reference (OpenRent provide it for £30 per applicant). The landlord will find out, and then it’s likely they’ll reject the application and keep the holding deposit of a week’s rent.

I personally would be sympathetic to someone who got into financial problems or rent arrears during Covid, so long as they were up front about it, explained what happened, and I conclude they acted properly. If I found out someone had rent arrears or a CCJ without them having told me first, I would automatically reject them as an applicant.

Before the Renters’ Rights Act came into force, tenants with poor credit scores would often pay a large lump sum of rent in advance, such as 6 or 12 months’ rent.

However it is now no longer possible for tenants to pay rent in advance before entering into a tenancy, and any clause in a tenancy agreement which requires a tenant to pay rent in advance is null and void.

Rental discrimination

The Renters’ Rights Act introduced rules to prevent landlords from discriminating against applicants who receive benefits or who have children who will be living with or visiting them.

Landlords and agents cannot refuse to allow applicants to view a property just because they receive benefits. However, landlords can turn down applicants who receive benefits if they do not have a good credit history or if they cannot afford the rent.

Landlords and agents can turn down applicants with children if the property is unsuitable for children, for instance, it is too small and would lead to overcrowding.

What can renters do to increase their chances of renting a property?

There’s a lot of competition for rental properties. Here are some practical tips for a tenant to increase their chances of being selected:

• Time is of the essence. Have alerts set up on your phone so you’re notified when a property is first listed. Try to arrange a viewing straight away. If you like the property, say you want to rent it at the viewing. If you don’t, it may be gone the next day.
• Turn up at the viewing on time, be well presented and ask questions.
• If you say you want to rent the property at the viewing, follow up immediately with an email or message.

Tenants’ rights when entering into a tenancy

What rights do tenants have with holding deposits?

An applicant is likely to have to pay a holding deposit of one week’s rent to secure the tenancy while the landlord or the letting agent carries out referencing.

The landlord is entitled to keep some or all of the holding deposit if the applicant:

• Changes their mind and pulls out before the tenancy agreement is signed
• Fails right to rent checks
• Provides false or misleading information (eg says no CCJs when they have CCJs)
• Doesn’t provide the information the landlord needs to proceed.

The landlord can’t keep the holding deposit if the reason the applicant fails reference is due to the landlord’s affordability criteria, unless the applicant had provided misleading or false information. For instance, lying about their salary level.

If tenants have concerns about whether they will pass referencing, they should make sure they fill in the application form or provide the information to the agent before referencing. If the referencing fails for a reason that the applicant provided to the agent or landlord, then they’ll usually be entitled to their holding deposit back in full.

What are the rules about tenancy deposits?

By law, a landlord must place all tenants’ deposits in a deposit protection scheme within 30 days of receiving the money. This applies to all assured periodic tenancies but not to lodger arrangements.

Also, the landlord or letting agent must provide the tenant with the signed prescribed information concerning the registration of the deposit within 30 days of receiving the deposit. Click here for full details of the prescribed information.

If the landlord doesn’t protect the deposit and provide the prescribed information to the tenant within 30 days, they won’t be able to enforce most Section 8 grounds for possession.

>> Related Post: Tips on Deposit Registration Schemes

How can renters spot a good, responsible landlord?

The overwhelming majority of landlords are good, and comply with the law. However, there’s still a sizeable number who aren’t good landlords. It can be very stressful for renters who live in a property owned by a rogue landlord.

Often tenants will never meet the landlord in person, as they only deal with the letting agent.

Currently, there’s no register of landlords, although that’s due to change when the PRS Database is fully launched in 2027.

However, here are some of the signs of a good, responsible landlord:

• Does the property appear to be in good repair? If there are lots of problems with the property, it’s a sign that either the landlord doesn’t take care of the property, or the letting agents aren’t doing a good job. Point out the things that need repairing, and see what the reaction is.
• If the property is tenanted, ask the existing tenants why they are leaving and if they have any tips or advice for them.
• Does the landlord want to meet you? This is usually a good sign that they want to make sure the property is let to good tenants. If you meet them, you can judge yourself.
• If the landlord is letting themselves on (say) OpenRent, how organised do they seem? How do they speak to you? Do you think they’ll sort out any problems when you’re living there?

Remember, entering into a tenancy agreement is a two-way process. If you don’t have a good feeling, don’t sign the agreement and keep looking.

Properties come up for rent all the time, and it’s better to take a little bit longer to find the right place with a good landlord.

>> Related Post: What is a Good Landlord?

How can renters avoid getting scammed by fake agents?

According to Action Fraud, rental scams are a growing problem, with over 5,750 reports of rental scams in 2022. This was an increase of 23% on 2021.

There are lots of things that renters can do to check that their letting agent is legit, and to complain if they’re unhappy. Take a look at this blog post here for more details.

>> Related Post: How to avoid rogue and fake letting agents

The rules when entering into a tenancy

What do landlords need to give renters before they move in?

Landlords need to provide the following to tenants before the tenancy starts:

• Valid gas safety certificate from the last 12 months
• Valid Electrical Installations Condition Report (EICR) document from the last 5 years
• EPC Certificate E (or above) from the last 10 years
• Signed prescribed information for the tenancy deposit within 30 days of receipt of the tenancy deposit
• A written statement with the key terms of the tenancy. This will usually be in the Assured Periodic Tenancy agreement, but it may be in a standalone document.

>> Related Post: The new Written Statement of Terms

What is the right to rent?

Right to rent refers to the obligation on landlords to check that every person aged 18 or over is legally entitled to rent property in the UK before they move into the property.

A landlord or their letting agent needs to check original copies of identity documents while the tenants are present, and take copies, before the start of the tenancy. Usually renters will be asked to visit the letting agent with their documents. Self-managing landlords may agree to meet the prospective tenants at the property and take photos of the documents.

There are very high fines for landlords who let their property to someone who doesn’t have the right to rent, so this is important. They need to ask for documents, even if someone seems to be British or Irish (eg they have a British or Irish accent).

>>Related Post: What Right to Rent Checks must Landlords Carry Out

Can tenants be made to pay a lump sum rent in advance?

In a word, no. Since the Renters’ Rights Act came into force on 1 May 2026, landlords and letting agents cannot ask for, encourage or receive rent in advance before the tenancy is entered into (which means signed by all parties), as this would be a “prohibited pre-tenancy rent payment” under Section 5A of the Tenant Fees Act 2019.

A “prohibited pre-tenancy rent payment” is defined as a rent payment for an assured periodic tenancy that is payable before the tenancy is entered into.

There is an exception where councils pay rent in advance in discharge of their homelessness prevention duty.

For payments of rent in advance after the tenancy is entered into:

• No term in an assured periodic tenancy entered into on or after 1 May 2026 which requires a tenant to pay rent in advance (ie due before the rent period to which it relates) is null and void.
• The only exception is for the “initial rent” for the first rent period of no more than one calendar month, which can be due in the period between signing and the start of the tenancy.

Landlords can ask for a holding deposit of up to one week’s rent and a tenancy deposit of up to five weeks’ rent before the tenancy is entered into.

What are tenants’ rights during a tenancy?

Inventory / schedule of condition

Most landlords will arrange for a professional inventory to be done of the condition of the property before renters move in. This is a valuable document as an independent person has validated the condition of the property at the start of the tenancy. Without an inventory, it can be difficult for a tenant to prove that (say) everything was dirty when they moved in, and the cellar was full of junk.

If your landlord provides an inventory, make sure you check it thoroughly and point out anything you don’t agree with.

If your landlord doesn’t provide an inventory, make your own. Photograph every blemish, put it into a word document with descriptions, and send it to the landlord.

Point out where repairs are needed

If you notice something needs repairing after you move in, put it in writing and ask for it to be repaired. Many letting agents use a portal for tenants to report repairs. If this is the case, use the portal. If not, call the agent, and confirm by email. If the landlord manages the property themselves, message or email them.

It’s a tenant’s right to live in a property that is properly maintained. Sometimes things get missed, which is why I do a maintenance visit a week or so after new renters move in. That way they can see I want to keep the property in good condition, and it helps me nip problems in the bud.

Do tenants have the right to have a pet?

Tenants may have a pet if they follow the statutory process to ask the landlord for permission, and the landlord does not have a good reason to refuse.

>> Related Post: Renters’ Rights Act – Tenant’s new right to request a pet

What should tenants do about repairs and maintenance?

Landlords have a legal duty to look after their properties and keep them in good repair, so they’re fit for people to live in.

Landlords are legally required to carry out repairs to the roof, drains, gutters, external pipes, windows and exterior doors and main access to the property. This also includes fences, gates and garden sheds. It doesn’t include maintaining the garden, because that’s the tenant’s responsibility, unless the tenancy agreement says otherwise.

Landlords must also ensure their rental properties are fit for human habitation. This is enforced by local authorities, as well as by tenants through the courts.

It’s important for renters to tell their landlord (or letting agent) when repairs are necessary, other than those they should be carrying out themselves (eg unblocking sinks). Renters should not attempt to do anything else electrical, other than changing a light bulb or a fuse. They shouldn’t change light fittings, plug sockets or light switches themselves. It’s the duty of a landlord to have safe electrical installations, and this means tenants should not do it themselves.

Renters must also give “reasonable access” to the landlord, or someone working on their behalf, to carry out repairs, routine maintenance and safety checks.

>> Related Post: Which repairs are English landlords required to do?

What maintenance are tenants responsible for?

Tenants have a number of obligations to look after the property. Here are some modern day examples of what behaving in a “tenant-like manner” means in practice:

• Changing light bulbs.
• Keeping the inside and outside of the property clean.
• Disposing of rubbish in the bins provided and putting the appropriate bin out for collection on bin day.
• Unblocking sinks, baths and showers, including clearing out hair from the traps in showers and baths.
• Bleeding radiators and resetting the pressure of the boiler if and when needed.
• Keeping windows condensation-free, ie opening windows and using any extractor fans to air the room and prevent mould.
• Maintaining the garden, including lawn mowing and sweeping up leaves, unless the tenancy agreement says the landlord will arrange this.

>> Related Post: Which repairs and maintenance are the tenant’s responsibility?

Does a tenant have a right to make changes to a rented property?

Tenants are obliged to return a property in the same state it was when they let it, otherwise a landlord can deduct the cost of returning it to its previous condition from the deposit.

Most landlords are reasonable about changes (eg putting up a TV on the wall) or even painting a child’s room a different colour. However, make sure it’s agreed in writing whether or not you need to change it back. An email or message is fine, so long as you keep a copy. If the landlord gives permission to make a change and says you don’t need to change it back when you leave, that’s OK.

If a tenant changes light fittings, they should get permission first and should also have the new light fitting put in by a qualified electrician. Tenants should not do anything electrical to a property, unless they’re an electrician. Otherwise the landlord will quite rightly arrange for an electrician to check the installation and deduct the cost from the deposit.

What rights do tenants have when the landlord wants to increase rent?

So long as the landlord is not increasing the rent above the market rate for a similar property in the same area, there’s not a lot a tenant can do to stop an increase in the rent.

The only way that landlords can increase rent is by using the Section 13 procedure, which involves serving Form 4A at least 2 months before the new rent increase is due to come into effect. Tenants may challenge the rent increase at the First-tier Tribunal.

Rent review clauses are no longer valid.

>> Related Post: Increasing rent in England

What should tenants do if they can’t pay the rent in full?

If a tenant fears they may not be able to pay the rent in full, it’s important to get advice. I recommend Citizens Advice and Shelter for options and support. There may be benefits the tenant is entitled to, for instance.

They’ll recommend that you explain your situation to your landlord so you can agree a plan. Many landlords are prepared to work with tenants when they fall into debt, provided they’re up front about it. Landlords are far less likely to be sympathetic if the first they know of their tenant’s financial problems is when they miss a rent payment.

What happens when a sharer needs to move out?

There are lots of instances where a flat-mate or house-mate might want to move out, not least in the event of the relationship breakdown of a couple.

Landlords can’t just cross out the name of someone on the tenancy agreement. Quite rightly, landlords need to follow procedures and do it properly.

To find out the legalities of different scenarios, read this blog post: What happens when tenants break up or fall out?

Tenants’ rights at the end of a tenancy

How can tenants serve a notice to quit to end a tenancy?

Tenants may leave a tenancy by serving a notice to quit in writing whenever they like, from the very first day of the tenancy. Since the Renters’ Rights Act came into force on 1 May 2026, tenants are no longer tied into a fixed term or a minimum term.

The notice needs to expire in line with the rent period, and must be served at least two months before it’s due to expire, unless the tenancy agreement has a shorter notice to quit period (such as one month), in which case that shorter period will prevail.

>> Related Post: The rules for tenants to end a tenancy with a valid notice to quit

What rights does a landlord have to make a tenant leave a property?

The only way a landlord can end a tenancy is by having a valid reason, called a “ground for possession”, and following the Section 8 procedure. They cannot ask tenants to leave or serve any form of notice to quit, other than the official Form 3A, which states a valid ground for possession.

Section 8 is complicated and involves possession proceedings in court.

A landlord cannot force tenants to leave a property themselves, and must use a county court bailiff.

>> Related Post: Renters’ Rights Act: How the new Section 8 Grounds for Possession work

What should a tenant do if they receive a Section 8 notice?

There is a free service called the Housing Loss Prevention Advice Service which gives advice to tenants who are at risk of eviction. This is a great resource for tenants, as it will give tenants advice on what their options are.

What should tenants do if the landlord won’t refund some or all the deposit?

Renters have the right to get back the deposit at the end of the tenancy.

However, the landlord or letting agent can deduct money if there’s a good reason. For instance:

• The renter owes rent or hasn’t paid bills.
• If the property isn’t left in the same condition as at the start of the tenancy, the landlord can deduct reasonable cleaning and redecoration charges. (See above for the importance of having a record of the condition of the property at the beginning of the tenancy).
• The tenant has damaged the property beyond normal wear and tear. For example, a spill on the carpet or holes on the wall from where they’ve hung a television.
• Some of the items in the inventory, like the drawers inside the fridge or freezer, are damaged or missing.

If the landlord (or letting agent) and the tenant agree on the deductions, the landlord must return the deposit within 10 days of them both agreeing on the amount.

If they don’t agree, the tenant can use the deposit scheme’s alternative dispute resolution (ADR) service to challenge the landlord. In the meantime, the deposit will still be protected in the scheme. Both parties will need to provide evidence, and the decision made about the deposit will be final. The dispute resolution is free and they will look at the evidence objectively.

Rate your landlord!

Finally, when you move on, rate your landlord, letting agent and property so that other renters will know if your landlord is fab, one of the rogues to avoid, or somewhere in between.

The best way to do this is by rating your landlord, letting agent, property and neighbourhood on the website Marks out of Tenancy, and providing constructive feedback to highlight what went well, and what didn’t.

Reviewers can leave a rating out of ten as well as a comment on areas including value for money, quality of repairs and communication from the landlord and letting agent.

Every review helps renters make better-informed decisions, and the more renters that do it, the better the information will be.