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A legal guide to things landlords cannot do in 2026

As a landlord, two of your key priorities are protecting your rental properties and managing your tenancies. Sometimes this can become difficult; for example, a tenant might be behind on rent, damage your property, or refuse to co-operate with an inspection. When these things happen, you can’t simply take matters into your own hands. If you do, you run the risk of being accused of harassment, illegal eviction, or another serious breach of the law. 

Some of the rules governing being a landlord in England changed on 1 May 2026, when the Renters’ Rights Act introduced stronger rights for tenants in the private rental sector. For example, the legislation abolished ‘no-fault’ Section 21 evictions and introduced new rules on pets, rental bidding, and discrimination.  

To help you understand what landlords can and cannot do in 2026, we explain the main rules you need to understand. 

Please note that this article explains the rules you must follow if you let out private residential property in England. If you let property outside England, see the official guidance for private landlords in Scotland, landlords in Wales, or landlords and tenants in Northern Ireland.  

Updated: 15.10.26

By Steve Cox

This content was factually correct when written but may not reflect current developments or information.

Things landlords cannot do

1. Enter the property without permission 

Your tenant has the right to ‘quiet enjoyment’ of their home. In practice, this means you can’t enter the property whenever you like just because you own it. For example, if you need to undertake an inspection or make a repair, you must give a tenant at least 24 hours’ written notice and arrange a time that suits you both. If your tenant refuses access, you can’t enter the property simply because you gave them notice.   

If a tenant won’t let you into the property, write to them to explain why access is necessary and offer alternative appointment times. Keep records of these requests as continued refusal is likely to breach the tenancy agreement. If this happens, you can seek legal advice on applying for a County Court access injunction if you need access to the property to carry out your legal duties (such as gas or electrical safety checks).  

In a genuine emergency, you are allowed immediate access to prevent serious injury or damage – such as in the event of a major gas or water leak. However, outside these rare circumstances, you shouldn’t enter the property without your tenant’s permission. If you do, it could be considered harassment.  

2. Evict a tenant immediately (or without a court order) 

You cannot evict a tenant immediately. 

Since Section 21 was abolished in England, you need a valid ground for possession and must serve a Section 8 notice. The required notice period depends on the ground you are using. 

If your tenant remains after the notice expires, you should apply to the court for a possession order. If they still do not leave, you may need to ask a court-appointed bailiff to carry out the eviction. 

If you use certain Section 8 grounds relating to serious antisocial behaviour, you may be able to apply to court as soon as you have served the notice. However, you must still obtain a possession order and cannot remove the tenant yourself. 

Never change the locks or physically force an occupier out without following the correct process. If you do, you are likely to be committing a criminal offence under the Protection from Eviction Act 1977. 

3. Cut off utilities or restrict access 

You must not turn off the gas, electricity, or water to pressure a tenant into paying rent arrears or leaving your property. In addition, you shouldn’t withhold keys, prevent them from accessing part of their home, or interfere with heating controls. 

Conduct intended to force your tenant out may amount to harassment and could also constitute an illegal eviction. 

This also applies if your tenant owes rent or has otherwise breached the tenancy agreement. You should always use the appropriate process for possession, debt recovery, or dispute. 

4. Unreasonably refuse pets or discriminate against tenants 

If your tenant asks to keep a pet, you cannot issue a blanket ban on pets. Instead, you must consider each request and give your decision, with reasoning, in writing within 28 days. 

That said, you can refuse if you have a valid reason. For example, if you own a leasehold flat, the building’s rules may not allow pets. Or the property may be unsuitable for the animal the tenant is requesting to keep.  

The Renters’ Rights Act also means you cannot refuse an applicant simply because they receive benefits or have children. The Equality Act 2010 also protects people from discrimination because of factors such as disability, race, religion, sex, or sexual orientation. 

You can still check whether an applicant can afford the rent and ask for references. However, you should use the same assessment criteria for everyone and avoid wording such as “no benefits” or “no children”. 

5. Encourage or accept rental bidding 

When you advertise or make a written offer for a property, you must state the proposed rent. 

You cannot invite, encourage, or accept an offer above that figure. This applies even if a prospective tenant volunteers to pay more without being prompted. 

While you can accept an offer below the advertised rent, you can’t use an open day, application process, or private conversation to start a bidding war between prospective tenants. 

6. Withhold deposits for ‘wear and tear’ 

If you take a tenancy deposit in England, the Tenant Fees Act 2019 normally limits it to five weeks’ rent. The limit rises to six weeks’ rent if the annual rent is £50,000 or more. 

You still need to place the deposit in an approved tenancy deposit scheme and provide the required information within 30 days of receiving it. 

At the end of a tenancy, you can propose reasonable deductions for unpaid rent, missing items, or damage beyond fair wear and tear. What counts as fair wear and tear depends on factors including: 

  • The age and quality of the item 

  • Its condition at the beginning of the tenancy 

  • The length of the tenancy 

  • The number of people living in the property 

  • The item’s expected lifespan 

Any deduction should reflect your actual loss. It should not leave you with something better than you had at the beginning of the tenancy. 

A detailed inventory, check-in and check-out evidence, invoices, and an allowance for an item’s remaining life can help support any deduction that you propose. If you and your tenant cannot agree, the deposit protection scheme you used will offer a dispute resolution process. 

7. Ignore severe hazards or repair requests 

You are responsible for keeping key parts of your rental property in good repair. These include its structure and exterior, as well as the installations for water, gas, electricity, sanitation, heating, and hot water. You must also ensure the property is fit for human habitation throughout the tenancy. 

If you receive reports of dangerous electrics, faulty heating, structural problems, or serious damp and mould, you must act promptly and complete the work within a reasonable time. Problems that threaten your tenant’s health or safety will require a faster response than routine maintenance. 

The Renters’ Rights Act also provides for Awaab’s Law and the Decent Homes Standard to be extended to private rentals. Awaab’s Law will set time limits for investigating and fixing serious hazards, while the Decent Homes Standard will set minimum standards for the condition of rented homes. These changes are planned for phase three of the Renters’ Rights Act's implementation, but no start date has been confirmed. Until then, you must follow the repair and safety rules already in force. 

The consequences of breaking the rules 

If you break the rules, the consequences will depend on what you have done and how serious the breach is. 

For example: 

  • Initial or minor breaches can attract a civil penalty of up to £7,000. This can apply if you encourage rental bidding, discriminate against applicants with children or those receiving benefits, or breach certain tenancy and eviction-notice rules. 

  • Serious, persistent or repeat offences can result in prosecution or a civil penalty of up to £40,000. These include harassment, illegal eviction, knowingly misusing an eviction ground, or failing to comply with a council improvement notice. 

  • Repayment of up to two years’ rent could be ordered if you commit certain housing offences. Known as a Rent Repayment Order, this penalty can be imposed for harassment, illegal eviction, unlicensed letting, or failure to comply with an improvement notice or prohibition order. 

Your tenant can also make a claim for compensation. If you make an unfair deposit deduction, the deposit scheme or a court can require you to return the money.  

In some cases, tenants will launch legal action even if you have fulfilled all of your legal obligations. In these instances, landlord legal expenses insurance can help cover the cost of legal defence.  

Are you covered? 

Landlord legal expenses insurance is designed to help with eligible legal disputes and possession proceedings. However, your cover will remain subject to the policy terms and the claim meeting your insurer’s requirements. However, it’s still important to stay within the law; if not, you could invalidate your cover. 

Make an enquiry today

If you are uncertain about a tenancy issue, it’s wise to get advice before taking action. Alan Boswell Group’s landlord legal expenses cover includes access to a 24/7 legal advice helpline for tenancy-related issues. Speak to our team to discuss the cover available.

Speak to us:  01603 216399
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