Landlord rights

The rights you have as a landlord will depend on what kind of landlord you are – things really differ between landlords who rent out properties, and landlords who live in a house with a lodger.

Since the Renters' Rights Act has now become law, Assured Shorthold Tenancies (ASTs) have been replaced by a system of periodic tenancies for most private renters in England*. This means tenancies no longer have fixed terms, and tenants have greater security. Landlords must still provide a written tenancy agreement that clearly sets out the rights and responsibilities of both parties.

In contrast, landlords who live in their main residence with a lodger will usually have a lodger agreement instead of a tenancy. This can still be used as a reference point if any disputes arise, but lodgers do not have the same legal protections as tenants

Remember: if you’re ever in any doubt about your legal position when renting out a property or room, you should seek advice from a solicitor.

Access to the property

Landlords letting out a property must give the tenant(s) sufficient notice before entering the property – usually 24 hours. This must be clearly stated in the tenancy agreement.

With lodger landlords, it’s a bit different. As you’re living in the property with your lodger, you’ll both have access to common areas (like the living room and kitchen). Lodgers shouldn’t put a lock on their bedroom door – if they do, the landlord is entitled to a copy of the key. As your lodger is living in *your* main place of residence, the balance of rights swings in your favour and you’re allowed to enter their room without restrictions.

A lock on your lodger's bedroom door could indicate the arrangement is more like a tenancy, which may give them additional rights.

Tenancy deposits

If you’re renting a property out to a tenant , you can take a maximum of five weeks’ rent from your tenant(s) as a deposit – this must be protected in a tenancy deposit scheme, and details of this shared with the tenant(s).

Lodger landlords aren’t required to take a deposit, but it’s advisable to do so to protect you from rent arrears and damage. Most landlords in this setup will take one month’s worth of rent. You’re not required to protect this in a tenancy deposit scheme either, but it’s a good idea to keep the money somewhere separate and safe.

Background checks

As of February 1st 2016, the law requires everyone renting out property in England to check whether their tenants are legally allowed to live in the UK.

This applies to landlords and also anyone renting out a room to a lodger. It's just for new tenancies – existing tenants and lodgers don't need to be checked.

The process must be carried out within 28 days of the start of a new tenancy, and involves making copies of your tenants’ documents that show they’re allowed to rent in England. Read our guide to learn more about the process.

As well as this, you can perform tenant checks through external providers – these will look at things like their income, credit score, previous addresses and more.

Evicting tenants

Under the Renters' Rights Act, Section 21 “no-fault” evictions have been abolished. Landlords in England can no longer evict tenants without providing a valid legal ground.

Instead, possession must now be sought using revised Section 8 grounds, which cover situations such as:

• Landlord or family intending to occupy the property (after 12 months).
• Intention to sell the property (after 12 months).
• Redevelopment or demolition requiring vacant possession.
• Persistent rent arrears (tenant is at least three months in arrears).
• Persistent antisocial behaviour
• Breach of tenancy terms 

You must provide the correct notice period depending on the ground being used and follow the updated statutory process.

If your tenants won’t leave after being given notice on a valid legal ground (such as rent arrears) you can apply to court for a possession order.

If the tenant remains in the property after a possession order is granted, you can apply for a warrant for possession to deploy bailiffs to remove them from your property.

*Under the Renters’ Right Act, in England from May 1st 2026, all existing fixed-term Assured Shorthold Tenancies (ASTs) will automatically convert into Assured Periodic Tenancies. The new rules apply regardless of when the original contract was signed. No new fixed-term tenancies will be permitted. If you do not live in England, check the laws in your country.