How much can my landlord increase my rent and can they keep my deposit or evict me?

  • Published
Rent graphic

The average cost of renting in the UK rose by 9% in the year to February - the highest annual increase since records began in 2015.

What are your rights if your landlord tries to increase your rent, keep your deposit, or evict you?

How often can my landlord increase my rent?

It depends on your rental agreement and where you live in the UK.

Most tenants in England's 4.6m privately rented homes, external - about one in five households - have an assured shorthold tenancy.

These are usually for a fixed term of six or 12 months, or rolling - which means there's no end date.

If you are on a fixed term, the landlord:

  • normally can't put the rent up until the term ends - unless the contract has a rent review clause, external

  • must give at least one month's notice

  • or, if the fixed term is a year, landlords must give six months' notice

If you are on a rolling agreement, the landlord:

  • can usually only put up the rent once a year

  • must give at least one month's notice

How much can my landlord increase my rent?

In England, landlords can only increase your rent by what the government calls a "fair and realistic", external amount.

That means in line with average local rents.

How much is a deposit for renting and how do I get it back?

Most landlords ask for a deposit before you move in.

The most they can charge is five or six weeks' rent, depending on your annual rent, external.

If you have an assured shorthold tenancy in England or Wales, landlords must put your deposit in a government approved tenancy deposit scheme (TDP), external.

This is to ensure you get your deposit back if you:

  • meet the terms of your tenancy agreement

  • do not damage the property

  • pay your rent and bills

At the end of your tenancy, the landlord must return your deposit within 10 days of you both agreeing how much you'll receive.

If there's a dispute over the amount, the TDP offers a resolution service.

There are different TDP schemes in Scotland , externaland Northern Ireland, external.

Can my landlord evict me and what is a no-fault eviction?

Landlords need to follow strict rules, external if they want a tenant to leave.

If not, the eviction could be illegal, or the landlord could be guilty of harassment.

In England, there are two types of eviction notice, which the landlord must provide in writing, external:

Once the notice period ends, the landlord can start eviction proceedings through court, external.

Landlords can apply for a so-called "possession order". If that is granted and you don't leave, landlords can apply for a "warrant for possession".

It is illegal for landlords to change the locks or use force, external to evict a tenant.

Other tenancy contracts have different rules, external and eviction rules also differs in Scotland, external, Wales, external and Northern Ireland, external.

Can a landlord enter a rental property?

In England, the landlord must give you at least 24 hours' notice to enter, external.

They must visit at a reasonable time of day, unless it's an emergency.

The landlord might make an initial inspection after a tenant moves in.

After that, visits should be at least three months apart, the National Residential Landlords Association says.

What condition does a rental home have to be in?

Can a landlord refuse to rent to me if I have children, claim benefits, or have pets?

There are no laws that explicitly stop landlords from refusing to rent to people with children.

But since women are more likely to live with children, any such refusal in England, Wales and Scotland is likely to be indirect discrimination under the Equality Act 2010, says Shelter.

The charity has a guide on how to challenge a ban on children, external. Those in Northern Ireland can get help from Housing Rights., external

A draft of the Renters (Reform) Bill in July 2022 had sought to make it illegal for a landlord to refuse tenancies to families with children, or those on benefits. However, when the bill was presented in May 2023, the measures were not included.

The government said it remained committed to bringing forward legislation, external to make it illegal for landlords and agents to impose blanket bans on those with children and benefit claimants.

Image source, Getty Images

The Renters (Reform) Bill is also looking to give tenants a legal right to request to keep a "well-behaved" pet.

If passed, the landlord can only refuse on reasonable grounds, external - such as the size of the property.

However, landlords will be able to charge a higher rent to cover the risk of pet damage.