Tenants

To start the Government have implemented the How to Rent guide and it was introduced by the Deregulation Act 2015. Landlords and agents must ensure that it is given to all new tenancies and all existing tenancies which are renewed. A copy of the guide can be downloaded by Click Here

A Tenant’s Guide to the Renters’ Rights Act

Everything you need to know about renting in England

The Renters’ Rights Act is the biggest change to the private rented sector in over 30 years. It aims to give tenants greater security, improve housing standards and create a fairer rental market for everyone.

What’s Changed?

No More Fixed-Term Tenancies

From 1 May 2026, most private rented tenancies in England are now Assured Periodic Tenancies. This means your tenancy no longer has a fixed end date and continues until either you choose to leave or your landlord has a valid legal reason to end it.

Greater Security

One of the biggest changes is the abolition of Section 21 “no-fault” evictions.

Your landlord can no longer ask you to leave without a legally recognised reason. If they wish to regain possession of the property, they must rely on one of the legal grounds set out in the legislation, such as selling the property, moving in themselves or serious rent arrears, and they must follow the correct legal process.

Leaving Your Home

If you decide it’s time to move, you simply need to provide two months’ written notice, in line with your rent due date.

You no longer need to wait until the end of a fixed-term tenancy before giving notice, giving you much greater flexibility should your circumstances change.

Rent Increases

Your landlord can only increase your rent:

• Once in any 12-month period.
• By serving the correct legal notice.
• To an amount that reflects the current market rent.

No Rental Bidding Wars

When a property is advertised, the advertised rent is the maximum that can be accepted.

Letting agents and landlords cannot encourage or accept offers above the advertised rental price, helping to create a fairer and more transparent rental market.

Renting with Pets

The new legislation makes it easier for responsible pet owners to rent.

You can request permission to keep a pet, and your landlord must consider your request reasonably. They cannot refuse without good reason.

Fairer Access to Renting

Landlords and letting agents are no longer permitted to operate blanket bans against applicants simply because they:

• Receive benefits.
• Have children.

Every application should be considered on its own merits.

Your Responsibilities as a Tenant

While the Renters’ Rights Act provides stronger protections, tenants continue to have important responsibilities, including:

• Paying rent on time.
• Looking after the property.
• Reporting repairs promptly.
• Allowing reasonable access for inspections and maintenance.
• Giving the correct notice when moving out.

Maintaining good communication with your landlord or letting agent remains the best way to ensure a successful tenancy.

How Fisks Can Help

At Fisks Letting Agents, we are fully up to date with the Renters’ Rights Act and are here to support both tenants and landlords through these changes.

Whether you’re moving into your first rented home, renewing your tenancy or simply want to understand your rights, our experienced team is happy to help.

If you have any questions about your tenancy or the new legislation, please don’t hesitate to contact our lettings team.

Frequently Asked Questions

Can my landlord still evict me?
Yes, but only if they have a valid legal reason and follow the correct legal process.

Can I leave whenever I want?
Yes. You can leave at any time by giving your landlord two months’ written notice, notice must be in line with your rent due date.

Can my rent be increased?
Yes, but only once every 12 months using the correct legal procedure, and you have the right to challenge an unreasonable increase.

Can I have a pet?
You can request permission to keep a pet, and your landlord must consider your request fairly and reasonably.

Do I need to sign a new tenancy agreement?
Not usually. Existing AST’s automatically converted to Assured Periodic Tenancies on 1 May 2026 without requiring a new agreement.

This content is written for general guidance only and applies to private rented properties in England. It should not be relied upon as legal advice. If you have questions about your individual tenancy, please contact Fisks Letting Agents or seek independent legal advice.

Once you have identified your ideal rental property Fisks can begin the reservation process. To reserve a property we will ask for the equivalent of one weeks rent to be paid as a holding deposit. This can be calculated using the following formula:

(Monthly Rent x 12) ¸ 52 = Weekly Rent

The holding deposit will be withheld if any relevant person withdraws from the tenancy, fails a Right-to-Rent check, provide materially significant false or misleading information, or fail to sign their tenancy agreement within 15 days (or other Deadline for Agreement as mutually agreed in writing).

Upon receiving the holding deposit we will issue you with our tenant application form that needs to be completed as promptly as possible.

Once we have received your completed application form we will commence the referencing process and once we have obtained all of your references we will propose you to the landlord for approval.

As part of the referencing process we are obliged to perform a Right to rent check The Immigration Act 2014 introduced new restrictions that apply to private residential rental agreements. Before we accept a new tenant, we are required to perform a check that they have the right to live and rent in the UK.

Before the start of a new tenancy, we must check all tenants aged 18 and over, even if:

› they’re not named on the tenancy agreement,

› there’s no tenancy agreement, and

› the tenancy agreement isn’t in writing

We have to check all new tenants.

If the tenant is only allowed to stay in the UK for a limited time, you need to do the check in the 28 days before the start of the tenancy.

The checks are modelled on the ‘right to work’ checks employers have performed for many years. In most cases, the checks will involve a face value examination of documents such as a passport, a permanent residence card or a biometric immigration document. We need to keep copies of the documentation as evidence the checks have been carried out and retain them for one year after the tenancy ends.

If you are concerned about your right to rent and live within the UK you can use the Government’s online checker.

To help you comply with the legislation, you can use a simple online toolkit or call the dedicated landlord helpline on 0300 069 9799.

There are some types of accommodation for which these checks aren’t necessary. These include social housing and care homes. You can find a full list of these types of properties on the government website.

Upon receiving the landlords approval and completing a Right to Rent check we will then be able to move forward with your application for tenancy and propose a start date as well as seek the balance of the security deposit from you.

Typically we ask for the equivalent of one month’s rent and the holding deposit will be used towards this. The balance that will be due can be calculated using the following formula:

One Month Rent – Holding Deposit = Balance of Security Deposit Due

The security deposit is payable upon the landlords acceptance of your referencing and prior to the commencement of your tenancy. A security deposit is designed to give landlords surety against damage to property and possible non-payment of rent. When a tenancy comes to an end, there is usually no disagreement about the return of the deposit. But sometimes there is and this can cause much hardship and inconvenience to both landlord and tenant.

The Housing Act 2004 (Chapter 4,sections 212-5; & Schedule 10) made provision for both the protection of tenancy deposits and the resolution of disputes over their return. The Deposit Protection Service (The DPS) are the original Government authorised Custodial scheme, protecting over 7.2 million deposits since 2007, and the largest provider of deposit protection scheme in the UK and Fisks use the DPS to protect all of their tenants deposits. The legislation came into effect on 6 April 2007. Since that date all deposits taken for Assured Shorthold Tenancies have to be covered by a tenancy deposit protection scheme.

Any landlord or agent who takes a deposit from a tenant for an Assured Shorthold Tenancy must safeguard it in an approved tenancy deposit scheme and…

• The tenant must be told which one.
• The deposit must be in money.
• Landlords in breach of these provisions will not be able to issue S 21 notices, and may have to pay the tenant compensation of three times the deposit.
• Each scheme must have procedures for resolving disputes without going to court.
• There are strict time limits for the return of the deposit if there is no dispute.
• The Act allows for both custodial and insured schemes. Custodial schemes are where the deposit is lodged with an independent third party i.e. outside the control of the landlord. Insured schemes allow the landlord/agent to retain control of the deposit as long as they are subject to suitable insurance arrangements.
• Secondary legislation will fill out the detail, including time limits for dealing with disputes.

The inventory is probably the most important document for any tenancy. If you can’t agree deposit deductions with the tenant, and you enter the Dispute Resolution process, an adjudicator will use evidence like the inventory to compare the property condition at the beginning and end of the tenancy.

A robust, thorough inventory can help protect letting agents, landlords and tenants from deposit disputes at the end of a tenancy, so it’s really important that everybody takes the time to complete it.

Fisks use an independent inventory clerk to make the inventory for you.

While you are living in the property, it’s still important to keep records of anything that’s been damaged or replaced, or of any repair work has been carried out. If there’s a dispute at the end of the tenancy, your records could make a big difference.

The following payments are permitted under the Tenant Fees Act 2019 for tenants under an Assured Shorthold Tenancy (AST).

Rent

Rent is payable monthly in advance unless otherwise agreed.

Deposit

A tenancy deposit is payable before the start of the tenancy and will be protected in a Government-approved tenancy deposit scheme for the duration of the tenancy. The deposit will be returned at the end of the tenancy, subject to the Tenant fulfilling all obligations under the tenancy agreement.

The maximum tenancy deposit is:

• Five weeks’ rent where the annual rent is less than £50,000.
• Six weeks’ rent where the annual rent is £50,000 or more.

Holding Deposit

A holding deposit equivalent to one week’s rent is payable to reserve the property.

The holding deposit may be retained if:

• The Tenant does not have the Right to Rent.
• The Tenant or any relevant person (including a guarantor) withdraws from the tenancy.
• False or misleading information is provided.
• The Tenant fails to sign the tenancy agreement (or guarantor agreement) within 15 calendar days, or any other deadline agreed in writing.

Late Payment of Rent

Where rent remains unpaid for more than 14 days, interest will be charged at 3% above the Bank of England Base Rate, calculated daily from the date the rent became due until payment is received.

Default Payments

If the Tenant breaches the tenancy agreement, they may be required to reimburse the Landlord for any reasonable losses incurred as a direct result of:

• Failure to pay rent when due.
• Breach of any term of the tenancy agreement.

Any claim will be limited to losses that the Landlord has been unable to reasonably mitigate and may include damages, costs, charges and expenses.

Variation of the Tenancy Agreement

Where a Tenant requests a variation to the tenancy agreement, the Tenant will be responsible for the reasonable costs incurred where these exceed £50.00 (including VAT). Evidence of the actual costs will be provided.

Early Termination

If the Tenant wishes to end the tenancy before the contractual end date and the Landlord agrees, the Tenant will be responsible for:

• The Landlord’s reasonable losses arising from the early termination.
• The Agent’s reasonable costs of re-letting the property.
• Rent due until the replacement tenancy begins, capped at the amount of rent outstanding under the tenancy.

Council Tax

The Tenant is responsible for paying Council Tax where they are liable under the tenancy agreement.

Utilities

The Tenant is responsible for payment of all utility services where applicable, including:

• Water and sewerage.
• Gas or other heating fuel.
• Electricity.
• Any applicable Green Deal charges.

Television Licence

The Tenant is responsible for the cost of a television licence where required under the tenancy agreement.

Communication Services

The Tenant is responsible for the cost of any communication services required under the tenancy agreement, including:

• Internet.
• Cable or satellite television.
• Landline telephone services.

Loss of Keys or Security Devices

Where keys or other security devices are lost, or locks require replacement as a result of the Tenant’s breach of the tenancy agreement, the Tenant will be responsible for the actual replacement costs, supported by invoices or receipts.

Missed Appointments

Where the Tenant fails to attend an agreed appointment with contractors or other professionals arranged by the Landlord or Letting Agent, the Tenant will be responsible for any losses incurred by the Landlord, supported by invoices or receipts.

Damage to the Property

The Tenant is responsible for the reasonable cost of repairing any accidental, negligent or deliberate damage caused by themselves or their guests. Any claim will be supported by invoices or receipts.

Emergency or Out-of-Hours Call-Outs

Where the Tenant arranges an emergency or out-of-hours contractor unnecessarily, or where the issue arises as a result of the Tenant’s actions, the Tenant will be responsible for any additional costs incurred by the Landlord.

Charges to Tenants (Where Applicable)

The following charges may apply where permitted by law:

• Credit/Referencing:           £100.00 plus VAT (£120.00) per tenant.
• Tenancy Agreement:        £100.00 plus VAT (£120.00) per tenant.
• Guarantor Referencing:   £75.00 plus VAT (£90.00) per guarantor.

Please note: These administration fees do not apply to Assured Periodic Tenancies governed by the Tenant Fees Act 2019 but may apply to other tenancy types, including company lets.

Client Money Protection

Fisks Estate Agents is a member of the Client Money Protect (CMP) Scheme.

• Membership Number: CMP004180

Client Money Protect, Flooring, 1st Floor, Limelight, 3 Elstree Way, Borehamwood, WD6 1JH

Telephone: 0333 321 9414

Redress Scheme

Fisks Estate Agents is a member of the Property Redress Scheme.

Premiere House, 1st Floor
Elstree Way
Borehamwood
Hertfordshire
WD6 1JH