20 Questions Every Tenant Is Asking

Can your landlord still evict you? Does your tenancy have an end date any more? And what actually happens if you challenge a rent increase?

Last week Simon Bacon and Ian Sadler answered the 20 questions landlords are asking about the Renters' Rights Act. This week the microphone flips: the 20 questions tenants are asking, answered calmly and in plain English. How rent increases now work and the £47 route to challenge one, the new rules on pets and inspections, what notice you give when you want to leave, and the 5 things every tenant needs to know under the new rules. Whether you rent your home or rent one out, this is the other half of the conversation.

Simon Bacon is the owner of Preferential Properties, a lettings and sales agency serving Sutton Coldfield and North Birmingham with over 17 years in property management. Landlords and tenants alike can get in touch at prefprop.com.

CHAPTERS 

0:00 Cold open 

0:21 Welcome 

1:06 Can my landlord still evict me? 

1:48 Does my tenancy still have an end date? 

2:39 What notice do I give if I want to leave? 

3:21 Can my landlord increase my rent? 

3:47 How often can the rent go up? 

5:32 Challenging a rent increase: the tribunal and the £47 fee 

7:10 Can I request permission to keep a pet? 

9:58 How does a pet have a rental history? 

10:12 Can my landlord still inspect the property? 

12:43 What happens if I pay my rent late? 

13:55 Can my landlord sell up or move back in? 

14:37 Can the rent rise because the landlord's mortgage went up? 

15:03 The biggest change for tenants 

16:08 The 5 things every tenant needs to know

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Transcript

SPEAKER_00 0:00

Hello and welcome to the All Things Property Podcast with me Simon Bacon and me Ian Sadler. So this is another one of our series of 20 questions, except today this is focusing on questions that tenants have asked and instead of being 20 we're raising this number to 23. Bonus. I know. Welcome to the All Things Property podcast with me, Simon Bacon of Preferential Properties. Every week, Ian Sadler and I will delve into all things property. We'll guide you through with friendly, no nonsense advice. We've had a lot of questions from tenants about the uh Renters Rights Act. So what I thought we'd do is try and cover some of those most asked questions and see how we get on. Over to you, Michael.

SPEAKER_01 0:50

Michael. Right, if you're wondering why I'm asking all the questions and he's giving all the answers, it's because he's far more intelligent than I am. Right, question one. Can my landlord still evict me?

SPEAKER_00 1:01

Yes, they can. But only if they rely on a valid statutory ground for possession. So section 21, which was the no fault eviction, has now been abolished. Are you going to regurgitate the grounds for possession or no, I'm not. Has section 21 definitely gone? Well, let's be very clear about that, Ian. Yes, landlords can no longer use section 21 as a no-fault eviction process.

SPEAKER_01 1:30

You need to remember, Simon, you know far more than I do, but I'm far funnier than you. So stick to the facts of the answers, please. Number three, does my tenancy still have an end date?

SPEAKER_00 1:40

No. Fixed term assured shorthold tenancies have been abolished, and tenancies now continue as assured periodic tenancies. Any padding? Um I think on this one, what it's worth knowing is that obviously any tenancy created, new tenancy created after the first of May, was an assured periodic tenancy, and the 12 months, you know, at the initial tenancy term started then. Any existing tenancies, although they moved over to an assured periodic tenancy, the start date of the tenancy was the last time that the tenancy was formally renewed. Right. How much notice do I have to give if I want to leave? A tenant must give at least two months' notice in writing from the rent due date. So, to clarify, if your rent due date is the 20th of the month, you need to give notice by the 19th of the month in order for that two months to take effect from the 20th of the month. If your rent due date is the 20th of the month and you give your notice on the 1st of the month, the two months notice period does not kick in until the 20th of the month, i.e. the rent due date. Can my landlord increase my rent? Oh, yes. As landlords have always been able to do. Yes, they can. However, the landlord must serve a section 13 notice, which is known as a format, giving at least two months notice.

SPEAKER_01 3:30

And just a little bit of meat on the bone of that one, that increase has to be in line with market rent at the time. It does, yes. Okay.

SPEAKER_00 3:38

How often can my landlord increase my rent? Once every 12 months. So a rent increase cannot happen more than once in any 12-month period. So if your landlord uh last increase the rent in, let's say, January 2026, they can't increase it again until January 2027. If they decide that they're going to keep the rent as it is, then that isn't noted as a rent increase. So they could then change the date that they review it to April 2027, and then they the the start date would become April of each year. How does my landlord decide what rent increase I should have? Okay, so in the past, tenancy agreements had uh mechanisms for rent increases. Um sometimes it was RPI, um, sometimes it was other mechanisms. Now a landlord has to base any proposed increase on the open market rent for similar properties in the local area. So to clarify, the increase is not linked to inflation, mortgage payments, maintenance costs, increases in landlord's expenditure. The question is simply what would this property rent for if it was advertised on the open market today? I hope that clarifies. That's a very clarifying answer, thank you. Can I challenge a rent increase? Well, that wouldn't surprise me if you did, Ian. But yes, the answer is you can. A tenant can. If you believe that the proposed rent exceeds the open market rent, you can apply to the first-tier tribunal. Does it cost anything? Oh, yes. It's getting very um. Yes, it does. Um so the current tribunal application fee is £47 payable by the tenant.

SPEAKER_01 5:56

That's an interesting question. Can the tribunal increase my rent above what the landlord asks for?

SPEAKER_00 6:03

No. The tribunal cannot set a rent above the amount proposed by the landlord. So if you if the tenant goes to the tribunal and says, I think my rent increases too much, and the tribunal look at it, and one when you th no doubt they will be asking you, the landlord, the letting agent, to justify how you've arrived at the open market rent, which is why it's important you keep accurate records. If you've decided that you're still going to, as I think, as you and I often do, you still keep the rent slightly below open market rents, then the tribunal can't say, Oh no, you've applied for this rent, but I think the market rent is this plus 10 or 20 pounds. They can't say this is the market rent, this is what you've got to pay. They will keep it in line with what the landlord has asked for. Can I request permission to keep a pet? Yes. Tenants have a statutory right now to request a pet at the property. One of the big changes in the Renters' Rights Act. How long does the landlord have to respond to a pet request? Normally the landlord has to respond within 28 days unless there are uh reasonable um reasons why that delay may be enforced. So, for example, if a landlord had to go to the managing agents to check the conditions of their head lease, that would be a valid ground for um valid reason to extend the timescale within 28 days, but communication with the tenant to let them know there is going to be a delay would be um you know the best way of dealing with that.

SPEAKER_01 7:58

Did you hear that um case where a letting negotiate lettings negotiator was sacked for comments he made to a prospective landlord? No, no, um the call the landlord was uh false and the call was recorded, and they they're asking them questions about pets, housing benefits, um what would be perceived to be unlikely unwanted tenants. And the guy said, Well, we have to be seen to be giving a fair crackle of it to everybody, but I can let you know that we will uh prioritise working family, working couple, working families, uh no pets, no housing benefit. Um, and it was uh done taken by an activist group. Oh really? And they reported him, yeah, and he got sacked. My goodness. So you need to stop that. Yes, absolutely. Thanks for that word of advice in. Can my landlord ask to complete a pet questionnaire before making a decision?

SPEAKER_00 8:58

Yes. I I think a landlord can reasonably ask for further information before deciding whether to uh grant permission for a pet. I think it's only only reasonable that, you know, if a tenant asks for a pet that the landlord is the landlord can then ask, well, what kind of pet? How old is it? How large is it? Is it small? We haven't got Ted here today, but obviously, you know, a Leonberg as opposed to a you know Chihuahua, completely different um set of requirements. Previous rental history, behavioural information, how the pet would be cared for. Um The important thing here is to say a tenant should not acquire a pet until formal written consent has been granted. This would be a breach of tenancy.

SPEAKER_01 9:48

Interesting. How does a pet have a previous rental history?

SPEAKER_00 9:50

I've never yet the tenant has a previous rental history. But we're talking about pets. If they've had a pet at their previous property. Just for clarification, guys. Thanks. Can my landlord still inspect the property? Yes. Landlords and agents are entitled to carry out routine inspections of the property, providing reasonable notice is given, normally at least 24 hours. Most inspections, certainly for us, tend to take place every three to six months. Not sure about you. Every four months. Excellent. Why can my landlord inspect the property? Oh, yeah, this is one that um we've had loads of uh questions, not over the past month or so, but over a fairly long period of time. So landlords and their agents um do have a legitimate interest in checking the property to make sure that it's being looked after, identifying maintenance issues, ensuring legal obligations being met, and of course protecting the landlord's investments. Regular inspections, I think, help identify problems such as leaks, damp, damage or repair issues before they become more serious and expensive to rectify. I do think it's really in a tenant's best interest as well to, you know, for the landlord to take that interest in property to make sure that uh, you know, things are uh are being the property is in good condition. It's not just about is it being looked after, but are there things that the landlord needs to start to consider in terms of um you know repairs, maintenance, external redecoration, that sort of stuff. Can I refuse an inspection? Generally, no, you can't. Uh, if a landlord or or agent has given reasonable notice, as I said before, normally at least 24 hours, a tenant should allow access for a routine inspection. They're a normal part of tenancy management. Um, and as I've said before, they allow landlords to check the condition of the property, identify maintenance issues. Um, whilst a landlord cannot force entry for routine inspections, repeatedly refusing reasonable access may place a tenant in breach of their tenancy agreement and could be relied upon if a landlord if access continues to be an ongoing problem. So worth worth noting that. But again, it's communication, making sure the tenant has adequate notice of the intention to go in and do the inspection. What happens if I pay my rent late? Okay, repeated late payment can be relied upon by landlord under ground eleven, whilst a single late payment is unlikely to result in court proceedings. A pattern of play of paying rent late may be used as evidence in court. So again, really important that you have a mechanism in place for showing and highlighting when perhaps rent is starting to come in sporadically. It's not just is the rent in deficit, but is the tenant paying in a timely manner. Following on, what if I always clear the arrears later? Um okay, so for persistent late payment, the fact that you've cleared the arrears does not negate that ground. So persistent late payments can still be used as evidence in possession proceedings even where no arrears remain outstanding at the court hearing.

unknown 13:45

Okay.

SPEAKER_00 13:46

Can my landlord sell the property? Yes. Uh Renters' Right Acts does not prevent landlords selling their properties. Following on from that, how much notice do I get if the landlord wants to sell or move back into the property? Okay, so from a tenant's perspective, the landlord, if they want to sell it, ground 1A, and for ground one, the landlord or family occupation, they both require four months' notice. Landlord must generally intend to sell or occupy the property and cannot generally obtain possession within the first 12 months of the tenancy. Can my landlord increase the rent because their mortgage has gone up? We've probably answered this one already, but uh a very specific question, this one. Uh no. Rent increases, as I said, have got to be based on the property's open market rental value, not their mortgage payments, insurance costs, maintenance costs, or any other form of expense.

SPEAKER_01 14:44

Pretty clear that it's an open market rental value. Yeah. What is the biggest change for tenants?

SPEAKER_00 14:51

The abolition of section 21. Um, so the abolishing of no fortifications, tenants now have greater security, really, because landlords have to provide a valid statutory ground before being able to obtain possession. Not something I think, you know, from my experience, not something that uh has had a massive implication or is likely to have a massive implication for us. I don't know, you know, I can't honestly say that uh I know of landlords that would serve notice just because they want to get rid of the tenant, if the tenant's been paying their rent on time, been looking after the property. Um so yeah, it's yeah, that that's been the biggest legislative change, I think, of the um of the act, but the impact is probably one of the lesser implications of it. So is that your question's done then, Ian? For now. Excellent, well done. So I think the five things that uh every tenant needs to know just to bring this particular episode to a conclusion. Rent increases, maximum of one every 12 months, minimum of two months notices, based on market rent, not inflation, can be challenged at tribunal. The tribunal fees £47, and the tribunal can't increase the rent above the landlord's proposed figure. And in terms of leaving the property, tenants must give two months' notice. There are no longer fixed-term tenancy commitments, and there are very specific grounds for which landlords can serve notices. Thanks for tuning in to this week's episode of the All Things Property Podcast. If you found this episode useful, don't forget to subscribe, like, and share. These things really help us reach the people who need to hear this advice. See you next week.