How the law protects tenants when they leave a property

With recent reports that as many as 1 in 3 landlords could be forced to sell up after failing remortgage affordability tests, many tenants across the UK are likely to face increased financial uncertainty as landlords either attempt to absorb spiralling costs with further rises in rent or sell up and evict their tenants.

Related topics:  Landlords,  Property,  Tenants,  Law
Property | Reporter
6th March 2023
Law

Against the backdrop of a housing crisis and the rising cost of living, some tenants are being forced to pay as much as 20% more on their monthly rent or face potential eviction.

While suddenly finding yourself in need of a new home is an understandably scary time, tenants are protected by a number of rights and laws that can help shield them from landlord disputes after their tenancy and should be outlined in the contract signed by both parties.

With this in mind, the team of experts at BPP University Law School have shared below exactly which laws protect renters when it comes to matters such as cleanliness, eviction and more.

Cleanliness

One law that protects tenants when renting a property, that some may not be aware of, is the Tenant Fees Act 2019. The law, which was only introduced three years ago, now stops landlords from charging those who occupied their property with an end-of-tenancy clean fee.

Instead, they can only ask that the property is cleaned to a professional standard upon exit, and is returned to them in the same condition it was found - aside from reasonable wear and tear.

If you strongly feel that your landlord is incorrect in deducting money from your deposit for cleanliness when you leave, then the Tenancy Deposit Scheme (TDS) offers a free resolution service where tenants can seek advice.

Property damage

Often, contracts between landlords and tenants stipulate that you should not permanently edit the property in any way. This includes painting or putting up pictures, as it counts as property damage and can lead to money being deducted from your deposit when your contract comes to an end.

However, if structural damage is caused to the property that isn’t your fault, it is important to seek advice. Damage can include faulty power sockets, unsecured exterior windows and doors or leaking roofs. Under Section 11 of the Landlord Tenant Act 1985, it is the landlord's responsibility to fix these repairs and make sure that it is safe and in a fit condition to be lived in - tenants can usually find information on this in the landlord's responsibilities section in their contact.

Eviction

Until recently, ‘Section 21’ or the No-Fault Eviction Law meant that landlords had the right to evict tenants from their property with just 8 weeks' notice. This would be through to no fault of their own, even if they have paid their rent on time and followed the rules.

The government has announced that this law is set to be banned later this year. This means that tenants can no longer be evicted from their property for no good legal reason and must be given a longer notice. However, if landlords decide to put the property on the market and ultimately sell it, this would be a different matter.

Knowing the landlord's name and address when requested

Another law that a lot of tenants may not know about is that they have the right to know their landlord's name and address when it is requested.

For example, if the tenant needs to get in direct contact with the landlord to serve notice, under Section 48 of the Landlord and Tenant Act, they are able to request the landlord's name and address in writing from the estate agent or the person who last asked for rent.

The landlord must provide these details within 21 days, or they can be fined up to £2,500 for failure to comply.

Your deposit back at the end of the tenancy

If you have taken out a short-hold tenancy agreement since 2007, then under the Tenancy Deposit Protection Act, landlords are legally required to protect your deposit throughout your contract and return it to you when it comes to an end.

As mentioned above, deductions can be made to your deposit to cover property damage, but once an amount has been agreed between the tenant and the landlord, this should be returned to the tenant within 10 days of agreement.

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