Renting: your rights, deposits and the 2026 rules
Renting has long felt like the side of the housing market where the rules favour the landlord. In 2026 that shifted: the Renters’ Rights Act brought the biggest change to private renting in a generation. Knowing your rights — the new ones and the ones that were always there — can save you money and a great deal of stress. Here’s the plain-English version for England.
This is information, not legal advice. It covers England. Scotland and Wales have their own, different systems. For a specific dispute, Shelter and Citizens Advice give free, expert help.
What changed in 2026
From 1 May 2026, the Renters’ Rights Act rewrote the basics of a private tenancy:
- No-fault evictions are gone. Landlords can no longer use a Section 21 notice to evict you without a reason. To end a tenancy they now need a valid legal ground (a Section 8 reason) — such as serious rent arrears, or genuinely needing to sell or move in.
- Tenancies are now rolling. Fixed-term assured shorthold tenancies were replaced by periodic (month-to-month) tenancies. You’re no longer locked into a fixed term, and you can leave by giving two months’ notice.
- Rent rises are limited. Your rent can go up once a year at most, with at least two months’ written notice on the correct form. If you think an increase is above the market rate, you can challenge it for free at the First-tier Tribunal, which can refuse or lower it.
- Rent in advance is capped at one month, and landlords can no longer invite a bidding war above the advertised rent.
- You can’t be unreasonably refused a pet, and discrimination against renters on benefits or with children is banned.
The headline: you have far more security than renters did a couple of years ago. A landlord who tries to push you out with an old-style “no reason” notice is no longer within their rights.
Your deposit: the rules that were always there
Your deposit is your money, and the law protects it tightly:
- It must be protected in one of three government-backed schemes (Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme) within 30 days of you paying it. Your landlord must give you the scheme details (“prescribed information”).
- It’s capped. Under the Tenant Fees Act, a deposit can’t exceed five weeks’ rent (six weeks if your annual rent is £50,000 or more).
- If it isn’t protected, your landlord can be ordered to pay you one to three times the deposit in compensation — and can’t use Section 21 (now abolished anyway). It’s worth checking: each scheme lets you confirm your deposit is registered.
- At the end, the deposit must be returned within 10 days of agreeing deductions. If you disagree, the scheme offers free dispute resolution — don’t just accept a deduction you think is unfair.
Fees your landlord can’t charge
The Tenant Fees Act banned most of the fees agents and landlords used to add. They cannot charge you for referencing, admin, renewals, inventories or “checkout”. The only permitted payments are rent, a capped deposit, a holding deposit of up to one week’s rent, and genuine costs like a replacement key or a late-payment charge. If you’re asked for anything else, it’s very likely unlawful.
Getting your full deposit back
Most deposit disputes are about the state of the property — so make the evidence work for you:
- At move-in: take dated photos of every room and any existing damage, and check the inventory carefully before signing.
- During: report repairs in writing (keep the messages). Landlords must keep the property in good repair — that’s their responsibility, not yours.
- At move-out: clean to the standard you found it, take dated photos again, and return the keys properly. You’re not liable for fair wear and tear — only for actual damage.
Where to get help
If something goes wrong — a threatened eviction, a deposit dispute, disrepair the landlord won’t fix — you don’t have to work it out alone. Shelter and Citizens Advice offer free, confidential housing advice, and your local council’s housing team can step in on illegal evictions and serious hazards. The rules are more on your side than ever; the key is knowing them.
Last checked 1 August 2026. Covers England. Renters’ Rights Act changes apply from 1 May 2026; deposit caps and banned fees under the Tenant Fees Act 2019.
Sources
Just so you know: this guide is information and journalism, not financial advice, and we don't recommend specific financial products. Your circumstances are your own — if you need personal advice, speak to a suitably qualified adviser. Information was correct at the "last updated" date above but things change; always check the linked primary sources.