Cartridges Law are award-winning solicitors based in Exeter. Our specialist Housing team, led by Victoria Matthews and Faye Newbery, supports landlords and tenants across Devon, Cornwall and Somerset.
Whether you are renting out a property, looking for a home or dealing with a housing problem, understanding the legal rights and responsibilities of landlords and tenants can help you to avoid problems, resolve disputes and ensure you are protected.
This guide provides an overview of the key issues for landlords and tenants in England, including the differences between private and social housing, legal rights and responsibilities, common tenancy issues, and how to access legal advice and support.
In this article:
Renting in England: the basics
Rights and responsibilities
The role of letting agents
Common issues during a tenancy
Resolving disputes
Legal advice for landlords
Legal advice for tenants
Contact us
About the author
Faye Newbery
Partner | Housing
Faye is a Partner at Cartridges Law and Housing specialist with more than 20 years experience.
Renting in England: the basics
What is a tenancy?
A tenancy is a legal agreement that allows someone to live in a property in return for paying rent. The terms of the tenancy are usually recorded in a written tenancy agreement, which sets out the rights of both the landlord (the person who legally owns or controls the property) and the tenant (the person who is given the right to live in the property). If there is no written tenancy agreement, a verbal tenancy agreement may still exist.
There are different types of tenancy in England. Following the implementation of the Renters’ Rights Act 2025, most private rented tenancies are now Assured Periodic Tenancies. Tenants in council housing will usually have a Secure or Flexible Tenancy.
Read: Renters’ Rights Act 2025: What Landlords Need to Know in 2026
What is the difference between private and social landlords?
Private landlords are individuals or companies that let (rent) properties on the open market. Social landlords include local authorities, housing associations and other Private Registered Providers (PRPs) that provide affordable rented housing, usually to those on low incomes. The legal rules for private and social renting are not always the same, so it’s important for landlords to know which rules apply to them and for tenants to understand what type of landlord and tenancy they have.
Who can legally rent a home in England?
Most people can rent a home in England, as long as they are a British or Irish citizen or have a relevant immigration status. Asylum seekers are not usually allowed to rent while their asylum claim is being processed, but may qualify for housing provided by the Home Office. Private landlords are required to check that prospective tenants have the legal right to rent in England.
For Landlords: Right to rent guide for landlords
For Tenants: Proving your right to rent
How are the rights and responsibilities of landlords and tenants protected?
The rights and responsibilities of landlords and tenants are protected by the terms of the tenancy agreement, housing legislation and decisions made by the courts. The rules and requirements are different in England, Scotland, Wales and Northern Ireland. Understanding your rights and responsibilities from the outset can help prevent disputes and ensure both landlords and tenants are treated fairly.
Where can I get legal advice about housing issues?
Whether you are a landlord or a tenant, seeking legal advice at an early stage can often help resolve issues before they become more complex or costly. A solicitor can advise on matters such as tenancy agreements, repairs, rent disputes, possession proceedings, homelessness and other housing issues. Tenants can get free advice on housing matters from their local council, Citizens Advice, or charities such as Shelter.
At Cartridges Law, our specialist Housing team provides clear, practical advice to help landlords and tenants understand their rights, resolve disputes and make informed decisions.
Understanding your rights and responsibilities
A successful tenancy relies on both landlords and tenants fulfilling their legal responsibilities.
Landlords
Landlords have a duty to provide accommodation that is safe, well maintained and fit for human habitation. They are also required to comply with a range of other legal requirements, including:
- providing a written tenancy agreement
- protecting the tenant’s deposit in an approved Tenancy Deposit Protection (TDP) scheme
- not accessing the property without the tenant’s permission
- following the correct legal procedures to recover possession of the property
- complying with additional requirements under the Renters’ Rights Act 2025
Landlords who understand and comply with their legal responsibilities from the outset are more likely to maintain successful tenancies and avoid costly disputes.
Tenants
Tenant responsibilities generally include:
- paying rent on time
- taking reasonable care of the property
- reporting repairs needed when they arise
- allowing reasonable access for inspections or repairs
- complying with the terms of the tenancy agreement
Understanding your rights and responsibilities as a tenant can help you rent with confidence, protect your interests, and resolve issues before they become more serious.
The role of letting agents
Many landlords choose to appoint a letting agent to help manage their property. Depending on the agreement, a letting agent may advertise the property, find tenants, prepare tenancy agreements, collect rent, arrange inspections and coordinate repairs. Some landlords use an agent to manage every aspect of the tenancy, while others only use them for certain tasks.
Although a letting agent may deal directly with the tenant on a day-to-day basis, the landlord remains legally responsible for many of their obligations under housing law. Tenants should also understand who they are dealing with, who to report issues to, and how issues will be resolved. A written agreement between the landlord and the letting agent, and clear communication between all parties, will help ensure everyone understands their responsibilities are understood and reduce the risk of disputes.
Common issues during a tenancy
Even where both parties act reasonably, disagreements can sometimes arise. There are a number of common reasons for disputes between landlords and tenants.
Repairs and property maintenance
Landlords are responsible for maintaining many aspects of the property, while tenants are expected to report problems promptly and take reasonable care of their home. Questions often arise about who is responsible for particular repairs and how quickly they should be carried out.
Deposits
Landlords are entitled to take a tenancy deposit at the start of a tenancy. A tenancy deposit provides financial protection for the landlord in case the rent is not paid or there is damage to the property beyond normal wear and tear. All tenancy deposits must be protected in a government-approved Tenancy Deposit Protection scheme, and the landlord must provide the tenant with contact details for the scheme they have used. The TDP scheme will provide a free dispute-resolution service if the landlord and tenant disagree about the return of the deposit at the end of tenancy.
Rent
Under the Renters’ Rights Act rent can now only be increased once a year and landlords’ must give at least 2 months’ notice of any rent increase following the correct procedure. Landlords’ are still entitled to seek possession of their property for non-payment of rent, but some of the rules have changed following the Renters’ Rights Act and landlords will need to make sure they are following the appropriate legal process.
Access to the property
From time to time, landlords may need to enter the property to carry out inspections, repairs or safety checks, but they must give at least 24-hours notice in writing and get permission from the tenant first, unless there is a genuine emergency. Tenants are entitled to enjoy their home without unauthorised access by the landlord, but should allow reasonable access to enable the landlord to comply with their legal obligations to maintain the property. Disputes over access to the property are a common cause of problems in a tenancy.
Ending a tenancy
Following the implementation of the Renters’ Rights Act 2025, almost all private tenancies are now Assured Periodic Tenancies – rolling tenancies with no fixed end date. To end a tenancy, tenants must give at least 2 months notice in writing (unless a shorter period is mutually agreed). Landlords can only end a tenancy for one of a limited number of legal reasons, known as grounds for possession, and must make sure that they follow the correct legal procedure. If the tenant does not agree to leave the property, the landlord will need to apply for a court order and the tenant will have the opportunity to defend their case.
Resolving disputes
Most landlord and tenant disputes can be resolved through early communication and a practical approach. Addressing concerns as soon as they arise often prevents relatively small issues from becoming more complicated.
Where agreement cannot be reached, legal advice can help clarify each party’s rights and identify the most appropriate way forward. In some cases, formal dispute resolution or court proceedings may become necessary, but obtaining advice at an early stage can often save time, stress and unnecessary expense.
Legal advice for landlords
Whether you are letting your first property or managing an established portfolio, our Housing team can provide advice and give you confidence that you are meeting your legal responsibilities. We advise landlords on tenancy agreements, regulatory compliance, possession proceedings, rent arrears, disrepair claims and a wide range of other landlord and tenant matters.
Legal advice for tenants
If you are experiencing problems with your landlord, are unsure about your rights or need advice about your tenancy, you can get free information in England from Citizens Advice and Shelter. Your local council should also be able to advise you about your eligibility for social housing or temporary accommodation if you are at risk of homelessness.
In limited circumstances our Housing team may be able to assist with cases such as defending a possession order or challenging a local authority finding that you are ‘intentionally homeless’.
Here for you when it matters
Housing law is constantly evolving, and every tenancy is different. Whether you’re a landlord seeking to protect your investment or a tenant looking to understand your rights, obtaining legal advice at the right time can help prevent problems from escalating.
Our experienced Housing team provides straightforward, practical advice to landlords and tenants across Devon, Cornwall and Somerset. Contact us to find out how we can help: call us on 01392 256854 or email enquiries@cartridgeslaw.co.uk.