BRITAINDIRECT
My Power: Know Your Rights

Housing Rights: Your Home, Your Rights

A roof over your head is not a privilege. The law protects tenants more than most landlords want you to know.

Section 21: The "No-Fault" Eviction Scandal

Section 21 of the Housing Act 1988 allows landlords to evict tenants without giving any reason. The government has promised to abolish it — but until that legislation actually passes, it remains legal.

However, a Section 21 notice is only valid if the landlord has complied with all their legal obligations. If they haven't protected your deposit, haven't given you a gas safety certificate, or haven't provided the "How to Rent" guide — the notice is invalid.

Even a valid Section 21 does not mean you must leave immediately. The landlord must apply to court, and a court must grant a possession order. Only a county court bailiff can physically remove you. Never leave just because a landlord tells you to.

Your Landlord's Legal Obligations

  • Protect your deposit in a government scheme (DPS, MyDeposits, or TDS) within 30 days.
  • Provide an annual Gas Safety Certificate (CP12).
  • Provide a valid Energy Performance Certificate (EPC rating E or above).
  • Give you the government's "How to Rent" guide at the start of tenancy.
  • Keep the property in a safe and habitable condition — including structure, plumbing, heating, and electrics.
  • Give 24 hours' written notice before entering the property (except genuine emergencies).

Know Your Battlegrounds

Disrepair Claims

If your landlord ignores damp, mould, broken boilers, or structural issues, you can take them to court for compensation and forced repairs. Many solicitors take these cases on a no-win-no-fee basis through legal aid.

Retaliatory Eviction

Under the Deregulation Act 2015, if you complain about disrepair and your landlord serves a Section 21 in response, the court must reject the eviction. Complaining about conditions is protected — always put complaints in writing.

Council Housing Duty

If you're homeless or threatened with homelessness within 56 days, your local authority has a legal duty to help. They must assess your needs and provide temporary accommodation if you're in priority need (children, pregnancy, vulnerability).

Deposit Disputes

When your tenancy ends, your landlord must return your deposit within 10 days of you both agreeing how much you get back. If they refuse or try to deduct unfairly, use the deposit scheme's free dispute resolution service. "Fair wear and tear" is NOT deductible — your landlord cannot charge you for normal ageing of carpets, paintwork, or appliances.

Rent Increases

During a fixed-term tenancy, your landlord cannot increase rent unless there's a specific clause allowing it. On a periodic tenancy, they must use a Section 13 notice giving proper notice. You can challenge excessive increases via the First-tier Tribunal (free to apply).

Essential Resources

Tenant's Survival Checklist

Arm yourself. A tenant who knows their rights is a landlord's worst nightmare.

Housing Rights Action Plan
What to do before, during, and after a housing dispute.

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