Q. How much notice do I need to give to leave my tenancy?
Two months' written notice. Since 1 May 2026 every assured tenancy in England has been periodic, and tenants have a statutory right to end the tenancy at any time on at least 2 months' written notice. This is in section 5(1ZA) of the Protection from Eviction Act 1977 (inserted by section 20 of the Renters' Rights Act 2025), read with section 4A of the Housing Act 1988 (inserted by section 1 of the same Act). The notice must end on a day on which rent is due, or the day before.
s.5(1ZA) PEA 1977 · 2 months' noticeRRA s.1 → s.4A HA1988
Q. Can my landlord increase my rent? How often?
Yes, but only once per 12-month period, only via a Section 13 notice on Form 4A (the post-1-May-2026 prescribed form), and only with at least 2 months' notice; no increase can take effect within 52 weeks of the last one. If you challenge it, the Tribunal sets the open-market rent where that is lower — it can never set a rent above the figure in the notice.
Section 13 · Form 4A
Q. What can I do if I think my proposed rent increase is too high?
Refer the proposed rent to the First-tier Tribunal (Property Chamber) under section 14(A3) of the Housing Act 1988 (inserted by section 7 of the Renters' Rights Act 2025), before the start date in the notice. The Tribunal sets the open-market rent where that is lower than the figure proposed, and otherwise the figure proposed — it cannot order a higher rent than the landlord asked for (s.14ZB(5)). The new rent takes effect from the date in the notice if that falls on or after the Tribunal's determination, otherwise from the first rent period after the determination (s.14ZB(3)).
RRA s.7 → s.14(A3) HA1988s.14ZB(5) · never above the notice
Q. How do I request a pet?
Make the request in writing to your landlord. For Harvey W James managed properties, email lettings@harveywjames.com. Include species, breed, age, size at maturity, and how the pet will live in the property. Under section 16A of the Housing Act 1988 (inserted by section 11 of the Renters' Rights Act 2025), the landlord must give or refuse consent in writing on or before the 28th day after your request; if the landlord reasonably asks for further information within that time, the deadline moves to the 7th day after you provide it (s.16A(2)). Consent is not to be unreasonably refused, and it cannot be made conditional on pet insurance or an extra payment (Tenant Fees Act 2019 s.1(3)(b)).
RRA s.11 → s.16A HA198828-day response
Q. What if my landlord refuses my pet request unreasonably?
An unreasonable refusal is a breach of the implied term inserted into your tenancy by section 16A of the Housing Act 1988. The court may order specific performance of the obligation. Reasonable grounds for refusal are set out in section 16B(4); the most common is where keeping the pet would breach a superior landlord's terms.
s.16A HA1988s.16B(4) · reasonable grounds
Q. What is the deposit cap?
Five weeks' rent if your annual rent is less than £50,000; six weeks' rent if your annual rent is £50,000 or more. The cap is set by the Tenant Fees Act 2019. The deposit must be protected in a government-approved scheme within 30 days of receipt.
Tenant Fees Act 2019protect within 30 days
Q. When do I get my deposit back?
After the tenancy ends, your deposit is returned to you minus any agreed deductions for damage beyond fair wear and tear, unpaid rent, or unpaid bills. Harvey W James uses the Tenancy Deposit Scheme (TDS) for managed properties. If you and the landlord cannot agree on deductions, TDS provides a free alternative-dispute-resolution service.
Tenancy Deposit Scheme (TDS)
Q. What is a holding deposit?
A payment of up to one week's rent, paid to reserve a property while referencing is completed. Held for up to 15 calendar days under the Tenant Fees Act 2019. Returned to you if the application proceeds (typically credited against your first month's rent or your security deposit), or withheld only if you withdraw, fail Right to Rent checks, or provide materially false information. The full position is on the Tenant Fees Schedule.
Tenant Fees Act 2019up to 15 days
Q. How does Goodlord referencing work?
Goodlord runs Harvey W James' tenant referencing through a regulated third-party platform. You provide ID, income evidence, employment confirmation, and previous-landlord references. Goodlord verifies these and produces a referencing decision (Pass, Pass with Conditions, or Fail). The process typically takes two to seven working days.
Q. What happens if I fail referencing?
You can re-apply with a guarantor, with the Goodlord Guarantor service (a professional guarantor product covering up to three years for a one-off fee), or with a different property. Failed referencing alone is not discrimination, provided the criteria were applied consistently across all applicants.
Q. Can I be evicted without a reason?
No. Section 21 "no-fault" eviction was abolished on 1 May 2026 by section 2 of the Renters' Rights Act 2025. Possession of an assured periodic tenancy is now only available via Section 8, which requires the landlord to prove a specific ground in Schedule 2 to the Housing Act 1988 (as amended).
RRA s.2 · ends s.21Section 8 · Schedule 2 HA1988
Q. What is a Section 8 notice?
A formal notice under section 8 of the Housing Act 1988 stating one or more grounds on which the landlord is seeking possession. The grounds are listed in Schedule 2 of the Act (as amended by Schedule 1 of the Renters' Rights Act 2025) and are either mandatory (the court must order possession if proven) or discretionary (the court may order possession if it is reasonable to do so). The prescribed form for a private-sector tenancy since 1 May 2026 is Form 3A (Assured Tenancies (Private Rented Sector) (Prescribed Forms and Transitional Provisions) (England) Regulations 2026, SI 2026/354).
Section 8 · Schedule 2 HA1988Form 3A · SI 2026/354
Q. How long does the eviction process take?
The notice period itself ranges from immediate, for Ground 14 (anti-social behaviour), to four months for Ground 1 (landlord occupation). After the notice period expires the landlord must apply to the court for a possession order, which typically takes several months. Even on a mandatory ground, the full process from notice to bailiff appointment commonly takes three to six months.
Q. Can I be evicted for being in rent arrears?
Mandatory eviction under Ground 8 requires at least 13 weeks' rent owed (for weekly tenancies) or at least three months' rent owed (for monthly tenancies) at both the date of the notice and the date of the hearing. These thresholds were raised by Schedule 1 of the Renters' Rights Act 2025. Universal Credit payment delays are excluded from the calculation. Discretionary eviction under Grounds 10 or 11 may be available for lesser arrears, but the court has to be satisfied that it is reasonable to order possession.
Ground 8 · Schedule 1 RRAGrounds 10 / 11
Q. How do I report an emergency repair?
For Harvey W James managed properties, emergencies — loss of heating, water or power; uncontainable leaks; security failures; fire damage — are reported on the 24/7 emergency line, 020 3865 1500. Awaab's Law will set statutory hazard-response timeframes for private tenancies once section 60 of the Renters' Rights Act 2025 is commenced and the regulations under section 10A of the Landlord and Tenant Act 1985 are made (no date yet); the social-housing regulations in force since 27 October 2025 require an emergency hazard to be made safe within 24 hours, and we work to that standard now. For non-urgent reports, email aftercare@harveywjames.com.
RRA s.60 → LTA 1985 s.10ASI 2025/1042 · 24 hours
Q. How do I make a complaint about my landlord or Harvey W James?
Step 1: write to harvey@harveywjames.com with the issue, the date(s) it occurred, and the resolution you are seeking. You will receive an acknowledgement within 3 working days, a substantive response within 15 working days, and a final response within 10 working days of your asking for one. Step 2: if our final response is unsatisfactory, or 8 weeks have passed since your first written complaint, escalate. Complaints about us as the agent go to the Property Redress Scheme (membership PRS010914 — verify on the PRS register). Complaints about the conduct of the landlord will go to the new mandatory Private Rented Sector Ombudsman established under Part 2 Chapter 2 of the Renters' Rights Act 2025 once landlord membership becomes mandatory (the government expects 2028). The full procedure is on the Internal Complaints Procedure page.
Property Redress Scheme · PRS010914RRA Pt 2 Ch 2 · PRS Ombudsman
Q. Do I need contents insurance?
Recommended but not legally required. The landlord insures the building structure and any landlord-supplied contents. You are responsible for your own belongings and for any damage you cause to the property or to the landlord's contents. Goodlord offers an optional Tenants Liability and Contents Insurance product (Defaqto 5-star, up to £5,000 tenant-liability cover) at the point of referencing. Tenant-liability cover is the bit most worth having, because it protects you against accidental damage claims at the end of your tenancy.
