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Needless to say, every private residential landlord in England should be aware of their rights and obligations, including both what they can and cannot do under the law governing Assured Periodic Tenancies (APT).
However, the reality is that many landlords still operate according to their own rulebook, which is often very different from the only one that actually matters – the law.
The aim of this blog post is to cover some of the things landlords in England cannot do, or more accurately, the ill-advised actions that are not legally permitted (but sometimes still still occur in practice). Many of these breaches, despite being relatively well-known and clearly set out in law, are still unfortunately ignored.
While the law is not always broken intentionally (which is not a defence in any case, but is still preferable to deliberate misconduct), there is an undeniable issue of some landlords crossing the line despite knowing better. In many cases, this happens because they rely on the ignorance of tenants to avoid consequences. Unfortunately, it is a gamble that often pays off.
While this blog post will be useful for tenants researching their rights in specific situations, I also hope it reaches landlords. Even if it prevents just one landlord from crossing that line, I would consider that a success – even a single measly one.
The following can’t dos are by no means an exhaustive list, but they do cover many of the breaches that continue to be reported on a regular basis.
- Entering Property Without Tenant Permission
- Excessive Contact With Tenants (Including Rent Arrears Situations)
- Changing Door Locks Without Consent
- Illegal Discrimination Against Tenants
- Refusing Essential Repairs and Maintenance
- Failing to Protect Tenancy Deposits
- Unlawful Rent Increases
- Unfair or Invalid Tenancy Agreement Clauses
- Evicting Tenants Without Legal Grounds
Entering Property Without Tenant Permission
This is a whopper alright. Perhaps the most misunderstood/neglected “can’t do” out of the filthy lot.
To be put simply, a tenant has a statutory right to “live in quiet enjoyment“, that means:
- A landlord/agent cannot turn up at the property announced unless there is an emergency e.g. fire.
- A landlord/agent cannot ‘force entry’ into the property (i.e. enter without permission)
- A landlord/agent should give at least 24 hours written notice if they wish to enter the property, but even then, the tenant has the right to refuse if it’s not convenient.
- Even if it there is a clause in the tenancy agreement that permits access, the tenant’s statutory right to live in quiet enjoyment will supersede that clause.
BOOM!
One of the most common scenarios is when landlords or letting agents let themselves into a property announced to conduct viewings. Yeah, not allowed.
Excessive Contact With Tenants (Including Rent Arrears Situations)
I’ve highlighted rent arrears because it is one of the most common situations where landlords can slip into overly persistent communication. That said, it is not limited to arrears – it could just as easily apply in other contexts where a landlord repeatedly contacts a tenant, even over something neutral like notifying a rent reduction.
Without realising it, some landlords can make a difficult situation worse by over-communicating, which may give the tenant grounds to raise a complaint of harassment. It can be surprising how quickly the situation can escalate and potentially turn back on the landlord.
I understand the instinct — when rent is overdue, it is tempting to call or message repeatedly, especially if the tenant is unresponsive. However, there is a real risk that excessive or repeated contact, particularly if it includes pressure or threats, could be interpreted as harassment.
The key is to remain professional and measured in all communication, and avoid acting out of frustration or emotion.
Changing Door Locks Without Consent
Nope, a landlord cannot change the locks, even if the tenant is in breach of contract (for example, rent arrears).
The only time a landlord can lawfully change the locks is once a tenancy has been legally terminated, or where a court order specifically authorises it.
Illegal Discrimination Against Tenants
According to GOV.uk, it is against the law to discriminate against anyone based on:
- age
- being or becoming a transsexual person
- being married or in a civil partnership
- being pregnant or on maternity leave
- disability
- race including colour, nationality, ethnic or national origin
- religion, belief or lack of religion/belief
- sex
- sexual orientation
They are known as “protected characteristics”, and tenants cannot be discriminated against on those grounds. However, that does not mean landlords cannot “lawfully discriminate” in other ways.
For example, it is entirely reasonable for landlords to reject a prospective tenant who cannot afford the rent or has a poor credit history. In fact, according to this article on Landlord Law, you can make selection decisions freely, provided they are not based on a protected characteristic.
In other words, landlords can apply their own reasonable criteria when choosing tenants, as long as those decisions remain within the bounds of discrimination law.
Refusing Essential Repairs and Maintenance
I frequently hear concerning stories of tenants going several months without hot water and/or heating. Unless a landlord has a genuinely credible and lawful explanation for why that is the case, that situation is unlikely to be justifiable.
The law, specifically Section 11 of the Landlord and Tenant Act 1985, sets out the legal obligation a landlord has to carry out basic repairs. In general terms, it means the landlord is responsible for keeping the following in good repair and proper working order:
- a) the structure and exterior of the dwelling-house (including drains, gutters and external pipes)
- b) the installations in the dwelling-house for the supply of water, gas and electricity and for sanitation (including basins, sinks, baths and sanitary conveniences, but not other fixtures, fittings and appliances for making use of the supply of water, gas or electricity), and
- c) the installations in the dwelling-house for space heating and heating water.
Oh, and no – even if the tenant is in rent arrears, or even if they clearly haven’t used the shower or hot water in what feels like a very long time, the landlord is still legally obligated to carry out essential repairs.
Don’t shoot the messenger – I’m just saying.
More deet’s right over here.
Failing to Protect Tenancy Deposits
Securing a tenant’s deposit is probably one of the most widely discussed landlord obligations — it is essentially one of the first things covered in basic landlord guidance. So I am always baffled when landlords claim they do not need to protect a deposit.
The tenancy deposit legislation applies to every private residential landlord in England and Wales who takes a deposit from a tenant.
As a side note, it can also be a relatively straightforward (and potentially lucrative) claim for tenants where landlords fail to comply with the deposit protection rules, as explained in this guide.
Unlawful Rent Increases
This seems like a mega no-brainer, but apparently it’s not.
To key need-to-knows:
- Rent increases are limited to once per year, in line with the market rate.
- Rent cannot be increased during the first year of the tenancy.
- Tenants can challenge unreasonable rent increases at the First-tier Tribunal (FTT) at a cost of £47 (landlords are not subject to the fee). Rent increases will only take effect after the tribunal’s determination, if one is issued.
- The only way to increase rent is by serving a Section 13 notice, which sets out the new rent and provides at least two months’ notice before it takes effect. Rent increases by any other means, such as rent review clauses, are not permitted.
Here you go, more details on increasing rent.
Unfair or Invalid Tenancy Agreement Clauses
Oh boy, have I read some bullshit tenancy agreement clauses in my time. Unfortunately, I’m numb to the sheer audacity these days.
Basically, just because a tenancy agreement has been signed by both parties does not automatically mean every clause is legally enforceable.
- All written tenancy agreements must be fair, clear, and written in plain English. They must not be misleading or designed to disadvantage the tenant. As a result, clauses involving excessive or disproportionate penalties may be deemed unfair and therefore unenforceable.
- No contractual clause can override a tenant’s or landlord’s statutory rights. For example, tenants have a statutory right to quiet enjoyment of the property, and no tenancy agreement can remove or negate that right.
Evicting Tenants Without Legal Grounds
Not possible. Ain’t happening with the introduction of the Renters’ Right Act.
The Act introduced several major changes that significantly strengthened tenant protections against unfair eviction practices:
- Tenancies Became Periodic: Fixed-term Assured Shorthold Tenancies (ASTs) were replaced with Assured Periodic Tenancies (APT), meaning agreements now continue on a rolling monthly or weekly basis depending on how rent is paid.
- Section 21 Was Abolished: Landlords can no longer rely on Section 21 “no-fault” evictions to end a tenancy simply because a fixed term has expired.
- Evictions Now Require Legal Grounds: Landlords must now rely on Section 8 grounds for possession. In other words, there must be a legally recognised reason to end the tenancy.
In practical terms, landlords now need a valid legal basis to start the eviction process. They can no longer end tenancies simply because a tenancy date has expired.
So, there we have it! That’s my list of what landlords can’t do (but often do anyways).
If you have any suggestions to add to the ghastly pile, please feel free to share…
Landlord out xo
Disclaimer: I'm just a landlord blogger; I'm 100% not qualified to give legal or financial advice. I'm a doofus. Any information I share is my unqualified opinion, and should never be construed as professional legal or financial advice. You should definitely get advice from a qualified professional for any legal or financial matters. For more information, please read my full disclaimer.
My landlord property manager and maintenance guy all three showed up at my home without giving notice and while manager was talking to my wife the owner and maintenance guy walked in my property and did a walk thru.we are in the process of going to court because I refused to pay rent last month because of all the issues they won't fix.last week the property manager showed up to my home and did a walk thru with my 15 year old daughter and we were not notified that anyone was coming.please help