The Landlord & Tenant Act
Understanding Tenant Rights and Responsibilities
Navigating the complexities of renting can be stressful, whether you are a tenant or a landlord. Understanding your rights and responsibilities is crucial for a smooth and positive rental experience.
Understanding your rights and responsibilities is crucial for a smooth and positive rental experience.
Overview of key Housing Law
Key acts applicable in the UK and Wales include:
- The Landlord and Tenant Act 1954
- The Landlord and Tenant Act 1985
- The Landlord and Tenant Act 1987
- Housing Act 1988
- The Landlord and Tenant Covenants Act 1995
- Housing Act 1996
- Housing Act 2004
- Housing and Planning Act 2016
- Renting Homes in Wales Act 2016
- The Homes (Fitness for Human Habitation) Act 2018
- Renters’ Rights Act 2025
Legislation Covered By The Acts
These Acts, whilst not exhaustive, form the basis of legislation that regulates various aspects of renting property. These acts cover a wide range of issues, including:
- Disclosing a landlord’s identity.
- Providing rental books.
- Ensuring fitness for human habitation
- Housing Health and Safety Rating System
- Defining repairing obligations.
- Service charges.
- Security of tenure.
- Renewal of tenancies.
- Covenants
- Deposits
- Licences for Houses in Multiple Occupation
- Rent Repayment Orders – breaches and penalties
- New Occupation Contract for properties in Wales
- Assured periodic tenancies only from 1 May 2026
Understanding Your Rights
This guide is designed to ensure that both tenants and landlords understand their rights and responsibilities.
We aim to foster professional and positive landlord-tenant relationships. This aligns with our commitment to supporting a thriving Private Rented Sector that benefits all parties. The following sections provide an overview to help tenants understand more about their rights and obligations when renting from a private sector landlord.
A landlord must ensure the property is free from hazards and remains fit for human habitation throughout the tenancy. Under the Homes (Fitness for Human Habitation) Act 2018, tenants can take their landlord to court if the property does not meet these standards.
Properties let on a new tenancy from 1 April 2018 must have an EPC of at least Band E. The landlord must also maintain the property’s structure and exterior, ensuring a secure living space.
Landlords are legally obliged to address essential repairs and maintain habitable conditions. These obligations, sometimes referred to as ‘section 11 repairs’ under Section 11 of the Landlord and Tenant Act 1985, are always the landlord’s responsibility, regardless of the terms of the tenancy agreement. This includes various structural and utility-related repairs, as follows:
Structural repairs; internal and external walls, stairs and bannisters, doors, windows, and the roof.
Utility repairs; electrical wiring, gas pipes and boilers, heating and hot water systems, plumbing, and drainage systems.
Landlords must carry out repairs within a reasonable time and redecorate, if necessary, after the repairs. Any problems with water, electricity, or gas supply must be resolved promptly, and appliances or furniture supplied by the landlord must be appropriately maintained.
Landlords or agents cannot charge fees for viewing a property, signing a contract, renewing a tenancy, or checking out. The tenancy deposit cannot exceed five weeks’ rent, or six weeks’ rent if the annual rent exceeds £50,000. These measures safeguard tenants from unexpected costs and promote fair renting practices.
Disputes Between Landlords and Tenants
Our specialised department can represent you in all phases of landlord and tenant law, including serving a letter before action, negotiation and settlements, and submitting a claim.
We aim to avoid complex and lengthy court proceedings and approach each case with the aim of negotiating an appropriate settlement. You will have a key point of contact in our team, who will advise and support you throughout the process. We understand that property disputes can be highly stressful for the parties involved, and we provide support to landlords and tenants to promptly resolve tenancy disputes.
Note: we do not hold a Legal Aid Contract for housing cases, and we must ensure that we have no conflict in acting for you i.e. we cannot do so if the landlord or agent is already a client of ours.
Landlord Responsibilities & Obligation
Private landlords, housing associations, and councils have responsibilities regarding property maintenance and tenant rights.
These responsibilities range from addressing essential repairs to following due process and procedure. Before entering into a tenancy agreement, a landlord must conduct certain checks and ensure that specific conditions are met.
Landlords must also serve a Section 21 notice on the tenant if they wish to regain possession of the property after the fixed term has ended but this will be abolished from 1 May 2026 as the Renters’ Rights Act 2025 impacts this area to further support the security of tenure for renters.
If issues arise due to disrepair, your landlord must investigate and resolve the cause. The Homes (Fitness for Human Habitation) Act 2018 empowers tenants to take their landlord to the county court if the property fails to meet the required standards.
Several factors determine whether a property meets the ‘fitness for human habitation’ criteria, including the presence or absence of serious hazards such as damp, mould, pests, asbestos, carbon monoxide, or fire risks. The adequacy of natural and artificial lighting, ventilation, water supply, drainage, and sanitation is also essential.
This has always been an underused resource for tenants due to the fear of the landlord serving a section 21 notice to evict, but with the changes introduced by the Renters’ Rights Act 2025 and the need for landlords to have a reason to evict and tenant using a Ground this may change.
As a tenant, you are responsible for informing the landlord or agent of any necessary repairs. You must report any repairs to your landlord as soon as possible. You have the legal right to take your landlord to court if the property is not fit for human habitation. Tenants have a responsibility to report any repair issues that arise so their landlord can take action to resolve them.
In many cases your landlord will not be responsible for any repair work until they are made aware of it, which highlights the importance of timely communication.
The local authority must take enforcement action if it determines any Category 1 hazards in your home and can order your landlord to carry out necessary repairs or make improvements.
Resolving these issues related to repairs will contribute to a harmonious landlord-tenant relationship, upholding both the tenant’s rights and the landlord’s responsibilities.
How We Can Help
Our legal services for landlords include the following:
- Drafting and reviewing tenancy agreements
- Bespoke contracts and agreements
- Serving notices and court applications
- Handling possession claims
- Revenue recovery
- Defended claims.
We understand the complexities involved in managing properties and aim to provide solutions that are legally sound and practically effective. With our unrivalled knowledge of the industry, over 30 years of experience in this field and nationally renowned expertise, we can assist with the full range of landlord-related issues.
Our commitment to excellence and client satisfaction sets us apart. We ensure that all our clients receive high-quality, tailored legal representation that meets their specific needs. Trust us to be your reliable partner in all landlord-tenant matters, providing you with the expertise and support you deserve.
Related Information
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