The law and the private rented sector

This page is for housing advisers. If you are a new arrival please click here for information more relevant to you.

This page covers the whole of the UK

Types of occupation agreements

Who is a private landlord?

There is no fixed legal definition of private landlord – but on these pages we mean any landlord who is not:

• a local authority
• in England, a private registered provider (i.e. a housing association registered with the Regulator of Social Housing)
• in Wales, a registered social landlord (i.e. a housing association/community landlord registered with the Welsh Government)
• In Scotland, a registered social landlord (i.e. a housing association registered with the Scottish Housing Regulator)

On this page ‘private landlord’ means any other kind of landlord – including a charity or housing association which has not been registered with the national regulator. We also use the term landlord to include instances where the owner has let the property on a licence.

Tenancy or licence?

Some landlords provide written agreements that are headed as ‘licence agreements’. But it is not the words in the agreement that ultimately determine the status but the actual arrangements (see next section). In Wales, both tenancies and licences that fall within the scope of the Renting Homes (Wales) Act 2016 are known as ‘occupation contracts’ and the tenant/licensee is known as the ‘contract holder’.

What is a tenancy?

Any arrangement where the occupier pays ‘rent’ and has exclusive possession for a ‘term’ is usually a tenancy: Street v Mountford (1985). It is the actual arrangements that determine this, not the wording on the agreement.

‘Rent’ is money paid for the right to occupy, and not for any services provided by the landlord. ‘Exclusive possession’ is the right to control who can enter the property. The ‘term’ is any finite period of time whether it is a specified ‘fixed term’ or a ‘periodic’ term. The tenant is liable for rent until the end of the term even if they move out. If the agreement does not specify a date at which it comes to an end, then it is periodic: the length of the period being the period that rent is paid (e.g. weekly, monthly, and so on). A periodic tenancy finishes at the end of each rental period, but automatically re-commences so long as the tenant remains and continues to pay rent. So, a tenancy starting on a Sunday with a weekly rent ends at midnight on Saturday and immediately starts again on the Sunday.

Under the common law in England and Wales (law developed through judicial decisions), either the landlord or tenant ends a periodic tenancy by serving a notice to quit. The notice takes effect at the start or end of the next complete tenancy period. Security-of-tenure legislation modifies these rules by:

• setting a minimum notice period, which runs from the start or end of the next complete tenancy period; if that period is longer, it determines the required notice; and
• making a landlord’s notice to quit ineffective for tenancies or licences with security of tenure, so the agreement continues. To regain possession, the landlord must follow the statutory procedure and obtain a court order.

A tenant’s valid notice to quit ends the tenancy when the minimum notice period expires, ending the tenant’s liability for rent.

Scottish law is distinct from that of England and Wales, but private residential tenancies—which provide security of tenure—are open-ended and operate similarly to periodic tenancies in England.

From 1 May 2026, all assured tenancies in England are periodic, while all private residential tenancies in Scotland are open-ended. Neither has a fixed term, so tenants can end the tenancy—and their liability for rent—by giving notice. In Wales, secure agreements may still be fixed-term or periodic. The requirements for a valid tenant’s notice vary slightly between countries; see the relevant country page for details.

What is a licence?

If no rent is paid or there is no exclusive possession, then the arrangement might be a licence.

The two common circumstances where the agreement might be a licence instead of a tenancy are:

• the occupier pays rent but shares the living space with the owner without any exclusive possession of any part of the dwelling: for example a family member or friend, or a lodger who can be asked to move rooms by the owner; or
• hotel or hostel accommodation where the occupier could be asked to move rooms, or where rooms are only provided on a night-by-night basis.

In England, for the purposes of the ‘right to rent’ provisions (but only for them), the term ‘tenancy’ is used to cover any arrangement where money is paid to occupy premises as a home, so this includes actual tenancies, as well as licences and lodging arrangements.

What is security of tenure?

‘Security of tenure’ means a tenant can remain in the property unless and until a court—or, in Scotland, the First-tier Tribunal—makes a possession order. A landlord cannot simply re-enter while the tenant has security, even after a fixed term has expired and landlord’s notice to quit has no effect.

The landlord can regain possession only by serving notice that relies on one or more statutory grounds and proving that the relevant conditions are met. The grounds and conditions vary by country. There are two types of ground:

• mandatory: the court or tribunal must grant possession if the ground is proved; or
• discretionary: the court or tribunal will grant possession only if the ground is proved and it is reasonable to do so.

A tenancy has security of tenure if it is:

• an assured tenancy in England;
• a fixed-term standard contract or periodic standard contract in Wales; or
• a private residential tenancy in Scotland.

Some older agreements made before the current legislation also provide security of tenure, although different rules may apply. For details of each tenancy type and the possession process, see the relevant country page:

Can security of tenure be lost

In England and Wales—but not Scotland—a tenant loses security of tenure if:

• the property is no longer their only or principal home, or
• in England only, every adult occupier is disqualified from the right to rent because of their immigration status, and the landlord serves the prescribed notice ending the tenancy. In that case, no court order is required. A different procedure applies—and a court order is needed—if at least one adult has the right to rent or a child lives in the property.

If the landlord believes the property is no longer the tenant’s only or principal home, they may serve a notice to quit. The landlord must still obtain a possession order because the tenant may dispute the claim. However, if the landlord proves the property is no longer the tenant’s only or principal home, they do not need to establish a statutory ground for possession. A possession order is not required if the tenant has validly served a notice to quit and leaves voluntarily after it expires.

A possession order is not required if the tenant has validly served a notice to quit and leaves voluntarily after it expires. If the tenant remains, however, the landlord must obtain a possession order. The requirements for a valid tenant’s notice vary slightly between countries; see the relevant country page for details.

What are the obligations on private landlords?

Tenancy deposits

If a landlord takes a deposit for a relevant tenancy, they must protect it through an approved scheme. The available providers are:

• England and Wales: three approved providers
• Scotland: three approved providers
• Northern Ireland: two approved providers.

The landlord must notify the tenant that the deposit is protected and provide all information prescribed by regulations.

A relevant tenancy is:

• in England, an assured tenancy
• in Wales, a periodic or fixed-term standard contract
• in Scotland, a private residential, assured or short assured tenancy, or
• in Northern Ireland, any private tenancy lasting no more than 99 years for which a deposit is paid.

If a landlord does not protect the deposit as required, the county court (England and Wales), First-tier Tribunal (Scotland) or small claims court (Northern Ireland) may order its repayment. In England, Wales and Scotland, it must also award compensation of up to three times the deposit. Failure to protect the deposit also prevents landlords in England and Wales from obtaining a possession order, except in England where they rely on an anti-social behaviour ground.

The maximum deposit a landlord can charge is:

• in England, five weeks’ rent
• in Scotland, two months’ rent
• in Northern Ireland, one months’ rent.

Some landlords try to avoid deposit protection by describing money taken at the start of a tenancy as ‘advance rent’ or ‘rent in advance’. If the payment is not credited towards rent, it remains a deposit and must be protected. Advisers should check whether the money pays the rent or is held as security against non-payment.

In England, rent in advance is prohibited from 1 May 2026. For more on this restriction and the rules on deposits and other prohibited fees where a landlord uses a letting agent, see ‘Fees charged by letting agents’ below.

Holding deposits

A holding deposit is a refundable payment for the right to reserve a property while the landlord or letting agent carries out a referencing check. In Scotland, landlords are prohibited from charging a holding deposit and the tenant can apply to the First-tier Tribunal to recover it. In England and Wales, the maximum holding deposit that a landlord or their agent can charge is limited to the equivalent of one week’s rent. In Wales, the before the agent charges a holding deposit, they must provide the tenant with a notice that contains certain prescribed information

Notices to the tenant and rent books

In England and Wales, landlords must give tenants written notice of their address for service of documents. Rent is not payable until the notice is served, but tenants must then pay all arrears accrued before service. Most tenancy agreements include this notice.

In England, landlords must provide a rent book if rent is paid weekly. In Scotland and Wales, this requirement applies only to tenancies that are not private residential tenancies or occupation contracts. For private residential tenancies in Scotland, landlords must give a written receipt for cash payments, stating the amount paid, the date and whether the rent is up to date.

In Northern Ireland, landlords must provide a rent book to record any cash payments. It must contain the information prescribed by regulations. Landlords should also give tenants a notice covering certain other matters.

Rent increases and changes in rent

Rent increase rules depend on the tenancy type and each nation’s security of tenure framework. For assured tenancies in England, occupation contracts in Wales and private residential tenancies in Scotland, see the relevant security of tenure page.

Tenancies that began before 15 January 1989 in England and Wales, or 2 January 1989 in Scotland, are usually protected by the Rent Acts. Tenants with Rent Act protection can ask the rent officer to register a fair rent. This reflects the open market rent where supply and demand are broadly balanced, so it may be lower than other rents in high-demand areas. In Northern Ireland, the rent officer sets the rent only where the property was built or converted before 6 November 1956, fails the fitness standard and the tenancy began on or after 1 April 2007.

Fees charged by letting agents, etc.

In England and Wales, landlords and letting agents can charge tenants only the following payments, apart from rent, for a new or replacement contract:

• a refundable tenancy deposit of no more than five weeks’ rent
• a refundable holding deposit of no more than one week’s rent to reserve a property
• payments for ending the tenancy early at the tenant’s request
• payments for utilities, communication services, a TV licence and council tax
• default fees for late rent payments and replacing a lost key or security device that provides access to the property, where required by the tenancy agreement.

Agents must display their fees prominently on their websites and in every office where they meet clients face-to-face. For more on unlawful fees, see the guidance for England and Wales.

In England, for new tenancies starting on or after 1 May 2026, landlords and letting agents cannot request, encourage or accept more than one month’s rent in advance (or 28 days’ rent for weekly tenancies) before the agreement is signed. For monthly tenancies, landlords can request the first month’s rent between signing the agreement and the tenancy start date (the pre-tenancy period). The government has published guidance for local authority trading standards departments responsible for enforcing this rule.

In Scotland, landlords and letting agents cannot charge fees for granting, renewing or continuing an assured, short assured or private residential tenancy. Tenants and prospective tenants can only be required to pay rent and a refundable deposit up to the limit of two months’ rent.

Letting agents and tenant money protection

In England, Scotland and Wales, letting agents must keep tenants’ deposits and rent payments in a separate client account covered by an approved protection scheme. This ensures the tenant’s liability for rent for amounts already paid and their deposit is covered if the agent ceases trading. In England and Wales, agents must clearly and prominently display in their offices and on their websites whether they belong to a client money protection scheme and, if so, which one.

In Wales, Rent Smart Wales, the licensing authority, enforces these requirements through the code of practice as part of managing agents’ licence conditions. In Scotland, they are enforced through letting agent registration and the registration schemes mandatory code of practice (see relevant law).

Landlord and letting agent registration

Each country has a national landlord registration scheme. Depending on the scheme, non-compliance may be an offence or lead to a financial penalty, a rent penalty or a ban on letting.

Scotland and Wales also have registration and licensing schemes for letting agents and landlords who let and manage their own properties. Failure to register or, in Wales, obtain a licence, is an offence and may also mean forgoing rent, business expenses or income.

Each country also has separate licensing schemes for landlords who let houses in multiple occupation. In England and Wales, some local authorities run licensing schemes for other properties. See the property conditions section for more information.

Landlord registration in England (the landlord database)

From 15 December 2026, the Renters’ Rights Act 2025 requires landlords letting properties in England on assured or regulated tenancies to register them on the landlord database. Its purpose is to ensure compliance with regulatory standards, help prospective tenants make more informed decisions before signing a tenancy, and support councils’ enforcement work.

Registration opens region by region, giving landlords three months to register before the requirements take full effect. Registration will be compulsory in all regions by 15 November 2027.

Each landlord entry must identify if that person is subject to a banning order, convicted of a banning order offence or given a financial penalty for such an offence (see below). Each property’s entry must contain:

• a copy of the gas safety record and its issue date
• an electrical installation certificate
• an electrical safety certificate and its issue date, and
• usually, the latest energy performance certificate.

Once the requirements are fully in force, a landlord is at risk of a civil penaltiy of:

• up to £7,000 for marketing, advertising or letting unregistered properties
• up to £40,000 for knowingly or recklessly providing false or misleading information required for registration, or continuing the conduct that led to a penalty.

Database of rogue landlords and property agents (England)

Councils in England can add landlords or property agents to the rogue landlord database for certain offences, known as banning order offences. These are either:

• serious offences involving the letting or management of property, or
• offences unrelated to letting or property management that make the offender unfit to carry out those activities.

Banning order offences include:

• harassing or illegally evicting tenants
• letting a property that endangers occupants’ health or safety, including fire or landlord gas safety offences
• letting a house in multiple occupation (HMO), or a property in a council’s selective licensing area, without a licence where one is required, or
• charging unlawful fees.

The council must add a landlord or agent to the database if they are subject to a banning order. A person who is the subject of banning order is prohibited from letting property or undertaking a letting agency or property management. A person who breaches a banning order commits an offence or risks a financial penalty. The council or the tenant may also apply to the First-tier tribunal for a rent repayment order.

The council may add a landlord to the database if they have been convicted of at least one banning order offence or if the landlord has incurred at least two civil penalties in respect of a banning order offence in the past 12 months. The database is held by the government, but all councils have access to it.

Landlord registration and licensing in Wales (Rent Smart Wales)

Landlords who let property in Wales under a standard occupation contract or other private tenancy with security must register each property with Rent Smart Wales (the national authority). Registration lasts five years, after which they must reapply.

Landlords who market or offer a property for rent, or manage it once let (for example, by collecting rent or arranging repairs), must also hold a Rent Smart Wales licence. They may appoint an agent to manage the property on their behalf, but must appoint a local managing agent if they live more than 200 miles away. Any managing agent must be licensed. To obtain a licence, landlords and agents must:

• complete suitable training, and
• sign a declaration that they are a ‘fit and proper person’.

Applicants for an agent licence must also:

• upload a list of all properties they manage to the Rent Smart Wales website, and
• provide evidence that they meet the business safeguards (pdf): client money protection, professional indemnity insurance and membership of a property redress scheme.

Licensed landlords and agents must comply with the code of practice (pdf) as an ongoing condition of their licence.

Landlords commit an offence if they fail to register, carry out letting or property management activities without a licence, or appoint an unlicensed agent. Letting agents also commit an offence if they operate without a licence. Conviction can result in a fine. If a landlord manages property without a licence or appoints an unlicensed agent, the local authority or Rent Smart Wales may also apply to the First-tier Tribunal for a rent stopping order or rent repayment order.

Some details about registered landlords and properties, and licensed landlords and agents, are kept on a public register available to view on request. Anyone can report an unlicensed landlord, agent or property to Rent Smart Wales.

Landlord and letting agent registration in Scotland

All private landlords in Scotland who let property on a private residential tenancy, assured or short assured tenancy or regulated tenancy must register with the local authority in which the property is situated. Landlords can register using the central online portal.

Any individual, company, sole trader or partnership involved in ‘letting agency work’ must register as a letting agent with the Scottish Government. Letting agency work means any business activity that arises from taking instructions from a landlord about letting a property or property management.

To be registered, landlords and agents must demonstrate that they are a ‘fit and proper person’. Registration as a landlord or a letting agent can be refused on the grounds of not being fit and proper if that person:

• has certain serious unspent criminal convictions
• has practised unlawful discrimination in their business as a landlord or agent or
• have contravened any part of the letting code or letting agent code of practice or any law relating to landlord and tenant, housing or for letting agents, debt.

A letting agent must also:

• meet the training requirements
• meet the requirements for protecting and handling client money
• hold professional indemnity insurance.

The authority may refuse to register a landlord or agent who does not meet these requirements or later have their registration revoked if they are contravened.

If a landlord is unregistered, the local authority may issue a rent penalty notice under which no rent is payable until they comply. Letting property without registration is also a criminal offence and can lead to a substantial fine and a ban on registering in any area for up to five years. Operating as a letting agent without registration, insurance or compliance with the requirements is a criminal offence, and costs or charges for letting agency work cannot be recovered.

Landlord registration in Northern Ireland

All landlords letting property under a private tenancy must join the landlord registration scheme. Registration gives tenants greater confidence and supports local councils’ environmental health work and the Housing Executive’s regulation of HMOs. The register is public, so tenants can ask their local council to investigate an unregistered landlord or property.

Registered landlords receive a certificate stating their name, address, registration number and registration period. Unlike in England and Wales, registration requires only basic information. Failure to register may lead to a £500 penalty fee or a £2,500 court fine.

Obligations about the condition of the property

Property conditions: tenants’ contractual rights

Start with the tenancy agreement. The landlord must meet any contractual duties to repair or maintain the property. If they fail to do so after receiving notice, the tenant can seek a court order requiring them to remedy the breach and pay damages. If the agreement contains no express repairing terms, check for implied terms and enforce them where applicable.

Generally, a landlord is in breach only if they know about a defect and fail to repair it within a reasonable time. They may learn of it through a general complaint or an inspection. What counts as reasonable depends on the circumstances as well as the relevant expressed or implied term of the agreement. For example, an urgent risk to occupants’ health or safety may justify an accelerated application (Parker v Camden LBC [1986] Ch 162, CA) and in England and Scotland, strict time limits apply to the implied duty to keep the property free from damp and mould (see below).

If a landlord fails to respond to notice of a defect or to remedy disrepair, or both, the tenant can seek an order requiring action, known as ‘specific performance’ or, in Scotland, ‘specific implement’. The tenant can also claim damages for distress and inconvenience (general damages), financial loss (special damages) and personal injury. Assessing damages is complex: awards in cases with similar facts are compared and cross-checked against the rent paid. Generally, damages should be less than the rent.

In England and Wales, applicants must follow the relevant pre-action protocol (England or Wales) before applying to the county court using form N1. Legal aid is available where a defect poses a serious risk to the health or safety of the tenant or their family. In Scotland, the application is made to the First-tier Tribunal (Property Chamber).

Implied terms

Most private tenancies across the UK include three implied duties relating to property conditions. Landlords must:

• keep the structure, exterior and main installations in repair
• in England and Wales, ensure the property is fit for habitation or in Scotland that the dwelling meets the ‘tolerable standard’, and
• in Scotland and England, keep the property free from damp and mould and, in England, other hazards.

These duties generally apply to tenancies, not licences. In Wales, they cover all standard occupation contracts. In England, once in force, the duty to keep properties free from damp and mould will also cover certain licences. In England and Wales, the duties apply only to periodic tenancies and occupation contracts, and to fixed terms of less than seven years—covering nearly all tenancies in practice.

In England and Scotland, express terms that override these implied terms are void. Either party may apply to the court or First-tier Tribunal to modify or exclude an implied term, but only with the other party’s consent—a rare occurrence in practice. In Wales, the landlord and contract holder may agree to exclude or modify an implied term only if any replacement term improves the contract holder’s position. In Northern Ireland, an express term can override the duty to repair.

The duties are separate implied terms, except in Scotland, where they form part of the repairing standard. In countries where more than one applies there be some overlap as to when the landlord the landlord is in breach or none. See below for further details about each of these.

Implied term: landlord’s duty to repair

In each country the implied term to keep the property in repair requires the landlord to:

• maintain the dwelling’s structure and exterior in good repair, including drains, gutters and external pipes
• keep the installations for water, gas, electricity and sanitation in repair and proper working order. This includes basins, sinks, baths and toilets, but excludes other fixtures, fittings and appliances that use water, gas or electricity, and
• keep the installations for space heating and hot water in repair and proper working order, including those in common parts.

When relying on this term, note that:

• The duty covers only the specified structure, exterior and installations—not every part of the property.
• The ‘exterior’ includes external walls, roofs, foundations, windows, doors and gutters.
• The ‘structure’ is more than the load bearing elements, but does not cover the whole dwelling. It generally includes internal walls and plaster (Grand v Gill (2011)), but not internal doors.
• There must be damage to the structure, exterior or installations that needs repair.
• Landlords need not add installations that were absent when the tenancy began, such as central heating. However, they will be in breach if existing installations stop working.
• Applying the duty to damp problems is complex: generally it will only apply if the damp affects the structure (see above).

Implied term: fitness for habitation and the tolerable standard

In England and Wales, there is an implied term that the landlord will ensure that the property is fit for habitation and in Scotland to ensure it meets the ‘tolerable standard’. In each country the requirement must be met at the start of the tenancy and throughout its term.

The criteria vary slightly between countries. The county court or First-tier Tribunal decides whether the property meets the relevant standard. The landlord is not liable where a failure results from the tenant’s irresponsible behaviour or a defect is caused by events beyond the landlord’s control, such as fires, storms or floods.

In England, a property is unfit if it is unsuitable for occupation because of neglect or disrepair, instability, serious damp, an unsafe layout, inadequate natural light or ventilation, problems with hot or cold-water supplies, drainage or sanitation, inadequate facilities for preparing and cooking food or washing up, or prescribed hazards. In Wales, unfitness arises from prescribed hazards. In both countries, these are the hazards covered by the Housing Health and Safety Rating System; they need not be severe enough to fall within category 1 or 2.

In Scotland, the ‘tolerable standard’ is assessed similarly to fitness for habitation in England, but also covers electrical safety and requirements for smoke and carbon monoxide alarms. See the statutory guidance for details.

Implied term: keeping the property free from damp and mould (Awaab’s law)

‘Awaab’s law’, the duty to keep properties free from damp and mould, took effect in Scotland on 6 October 2026 and is expected to take effect in England during 2027.

Even where a property is already unfit or fails the tolerable standard, this implied term requires the landlord to respond to the tenant’s notice and address the defect within strict deadlines:

• have the defect investigated within ten days of notification by someone with the skills and experience to assess it
• within three working days of completing the investigation, give the tenant a written summary of the findings
• if safety work is needed, begin it within five working days, counted from the day after the investigation is completed.

If circumstances beyond the landlord’s control prevent them from investigating or completing the work within the required time, they must tell the tenant when they expect to do so and take steps to limit the effects of damp and mould on the property. The landlord must have regard to the guidance issued by Scottish Ministers.

In England, similar requirements have applied to social housing landlords since 27 October 2025. Section 60 of the Renters’ Rights Act 2025 extends the duty to private landlords and is expected to take effect during 2027. Section 61 will also extend the duty to private landlords letting under licences in certain circumstances. See the government consultation for details of the proposals.

Distinguishing disrepair from unfitness

Separating what is disrepair and what is unfitness is not always obvious or straightforward. Disrepair occurs when part of a property, as built, becomes damaged or broken. Problems arising from its design, construction or use, such as damp or condensation, are not usually disrepair unless they damage the structure. Examples include rising damp that damages foundations or walls, or condensation that saturates plaster rather than leaving superficial marks that can be wiped away. Unfitness, by contrast, concerns the harmful effects of disrepair or defects on the tenant in such a way that it makes dwelling unsuitable to live in.

Provision of alarms

In England, a private landlord renting out property must install a smoke alarm in every floor and a carbon monoxide alarm in any room which contains a solid fuel heater (such as a coal fire or wood-burning stove). They must also check at the start of each new tenancy that these alarms are in proper working order. If a landlord is in breach of this requirement, a complaint can be made to the local authority who can serve a remedial notice on the landlord. In Wales a similar law applies to all new contracts starting on or after 1 December 2022 and will apply to all contracts (including those started before 1 December 2022) from 1 December 2023. General guidance about the regulations can be found here for England and here for Wales.

Remedies by the local authority

The local authority has powers to take action against landlords for bad housing conditions. A complaint can be made to the enforcement team. Actions that local authority enforcement officers can take against a landlord include:

• Service of an abatement notice and subsequent prosecution if the property is in such a state as to be prejudicial to health or a nuisance: ss.79-82, Environmental Protection Act 1990.
• Inspection to identify any ‘category one’ or ‘category two’ hazards in the property under the Housing Health and Safety Rating System (pdf). If there are, the authority has a variety of powers to take enforcement action such as a hazard awareness notice or improvement notice powers under Parts 1-4, Housing Act 2004 and specifically ss.28-29.
• If the property has a category one or two hazard the authority can issue a prohibition order which can stop the landlord from letting it (ss.20-21, Housing Act 2004).
• Service of a remedial notice requiring the landlord to install smoke alarms and/or carbon monoxide alarms (Regulation 5 Smoke and Carbon Monoxide Alarm (England) Regulations).
• If a category one hazard exists and the dwelling is not a flat the authority could issue a demolition order (section 265, Housing Act 1985).
• If the authority makes a prohibition order or demolition order under either of the two provisions above they have a duty to rehouse the tenant, and if they have lived there for at least a year also to pay compensation: a ‘home loss payment’ (ss.29(1),(b),(7) and 39(1)(b) Land Compensation Act 1973). The duty to rehouse does not count as a housing allocation or homelessness assistance so there are no restrictions as to immigration status.
• Declare a clearance area if all the dwellings in the vicinity have a category one hazard (section 47, Housing Act 2004).
• If the dwelling has a category one hazard that poses an immediate risk to the occupants the authority can make an emergency remedial order (section 40, Housing Act 2004) or an emergency prohibition order (section 43, Housing Act 2004).

Some of those notices or orders can then be suspended, giving the landlord an opportunity to remedy the hazards.

Overcrowding

The local housing authority can assess the accommodation as overcrowded and as containing category one or two hazards under the Housing Act 2004 and take action accordingly (see above) – but a tenant cannot take action against their landlord if their home is overcrowded.

A property is statutorily overcrowded if either the ‘room standard’ or the ‘space standard’ is breached:

• the ‘room standard’ is breached if two people of opposite sexes, who are not married or cohabiting, must share a room but:
  • children under ten are not counted, and
  • a living room counts as a bedroom (section 325, Housing Act 1985);
• the ‘space standard’ is breached if the number of occupants sleeping in the dwelling exceeds the ‘permitted number’ allowed (section 326, Housing Act 1985) – see the legislation itself for tables which set out the calculation.

A property could contain category one or two hazards due to overcrowding even if it is not statutorily overcrowded. Complaint should be made to the Environmental Health Department of the local council.

House in multiple occupation (HMOs)

If a landlord lets a house in multiple occupation (HMO) that falls within a category under either the national scheme or a local scheme they must obtain a licence from the local authority under Part 2, Housing Act 2004: further details can be found in this government guide. If the landlord fails to obtain a licence where one is required:

• they commit a criminal offence and can be fined up to £20,000 (section 72, Housing Act 2004)
• they cannot rely on the notice-only procedure to get possession from any shorthold tenant living in the property (section 75, Housing Act 2004)
• the current or former occupiers can apply to a Residential Property Tribunal for repayment of up to 12 months rent (and if the rent was paid by HB the local authority can claim repayment) (ss.73-75, Housing Act 2004).

Unless it falls within one of the exemptions set out below the landlord will require a license for an HMO from the local authority if:

• it is three or more storeys and is occupied by five or more people forming more than one household (The English Prescribed Descriptions Order/The Welsh Prescribed Descriptions Order) (the national scheme); or
• it is in an area designated by the local authority as subject to HMO licensing (ss.55-56, Housing Act 2004) (a local scheme).

A property is an HMO (as defined by section 254, Housing Act 2004) if it is:

• a building or flat in which more than one household shares a basic amenity (toilet, personal washing facilities or cooking facilities), or a basic amenity is lacking; or
• a converted building that does not entirely comprise self-contained flats and is occupied by more than one household; or
• a building comprised entirely of converted self-contained flats where the standard of conversion does not meet minimum Building Regulation standards and more than one-third of the flats are occupied under tenancies of 21 years or less (section 257, Housing Act 2004).

‘Household’ is either a single person, or members of the same family who are living together, who may be married, cohabitating or related to each other (section 258, Housing Act 2004). Friends sharing a property would not constitute a ‘household’. The ‘household’ must pay rent and be occupying the property as its only or main residence.

The following types of property let by a private landlord are not an HMO even if they fall within the above definition:

• the landlord is resident, and no more than two other people live with them as a separate household
• the property is occupied by no more than two people
• the building is occupied by students or a religious community.

(See Schedule 14, Housing Act 2004 for the complete list of exemptions.)

Harassment and illegal eviction

Criminal offences

It is a criminal offence for anyone to deprive an occupier of his or her home or any part of it, unless that person can show he or she believed, and had reasonable cause to believe that the occupier had ceased to live there (section 1(1), Protection from Eviction Act 1977).

It is also a criminal offence for anyone to do anything that is likely to interfere with the peace or comfort of the occupier and members of their household, if that is done with the intent to cause the occupier to leave or to discourage them from pursuing any legitimate rights or remedies in respect of their home. This includes acts such as interfering with services of facilities that the occupier reasonably requires to continue living there e.g. the supply of water or fuel (section 1(3) and (3A), Protection from Eviction Act 1977).

In general, these offences are committed where a landlord tries to evict or harass a tenant in order to make them leave, without going to the court for a possession order. The offence can be committed by the landlord or anyone acting as their agent. The perpetrator has a defence if he or she can show that they had reasonable grounds for doing the acts or for interfering with the services.

Other criminal offences that could be committed in the course of an eviction include:

• Using or threatening violence to secure entry to premises, where the person conducting it knows that there is someone in the home who is opposed to their entry (section 6, Criminal Law Act 1977).
• Assault: common assault, actual bodily harm, grievous bodily harm or other offences against the person.
• Criminal damage to the occupier’s possessions.
• Harassment, defined as a course of conduct on at least two occasions, which might put a person in fear of violence, alarm them or cause distress (Protection from Harassment Act 1997).

Civil remedies

If an occupier is unlawfully deprived of his or her home by their landlord/landlord’s agent the occupier has the right to apply to the court for an injunction to force the landlord to re-admit them and for an award of damages.

Generally, this kind of action is taken as an enforcement of contract because the common law implies a term into all tenancy or licence agreements that the occupier has the right to ‘quiet enjoyment’ of the premises: in other words, will have the right to live in the property peacefully. Except where the contract has been ended, the implied term is broken if the occupier is evicted or harassed. There is a useful guide to Quiet Enjoyment and this is also an issue where the local authority Environmental Health Department should be able to help.

If the contract has been ended and the landlord tries to remove the occupier without obtaining a possession order where one is required (see above), the occupier has a separate course of action for an injunction and damages for breach of the statutory tort of ‘prohibition of eviction without due process of law’ (section 3(1), Protection from Eviction Act 1977).

Legal aid, subject to a means and merits test, is available for bringing a claim for an injunction and/or damages where there has been an illegal eviction (para. 33, Schedule 1, Legal Aid Sentencing and Punishment of Offenders Act 2012).

In any case where the occupier is seeking reinstatement the landlord should be written to urgently, requesting agreement to reinstatement within a specified, short timescale. If the landlord refuses, or does not respond, the occupier can apply to the court for an urgent injunction without any further notice to the landlord. Generally, the court will grant the order unless the judge has reason to believe that the property is re-let and is occupied by an innocent third party, i.e. someone who had nothing to do with the eviction. If the landlord is present at court the injunction takes effect once it has been served on them. If the landlord fails to comply with the reinstatement order they could be charged with contempt of court.

The occupier is entitled to pursue a claim for damages whether or not they are reinstated. Damages might be quite substantial, particularly where the tenancy provided long-term security (such as an assured tenancy) (see ss.27-28, Housing Act 1988).