Frequently Asked Questions
Frequently asked questions
These are the questions tenants, landlords, and applicants ask Harvey W James most often, answered plainly. Each answer is self-contained and cites the statute or scheme that governs the position. Where the answer points to a longer explainer elsewhere on the site, the link is in the answer itself.
If you cannot find your question here, look at the Glossary for the relevant term, the Tenants page for the full tenant lifecycle, the Landlords page for the operational position we take with landlords, or contact us directly on 020 3865 1500 or info@harveywjames.com.
For tenants
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 of the Housing Act 1988 read with section 4A (inserted by section 1 of the Renters' Rights Act 2025). The notice must end on a day on which rent is due, or the day before.
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. The proposed new rent cannot exceed the open-market rent.
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 cannot order a higher rent than the landlord proposed; the new rent (if any) takes effect from the Tribunal's decision date rather than the original notice date.
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 a written response within 28 days, plus 7 additional days if the landlord reasonably asks for further information.
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.
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.
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.
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.
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).
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 is Form 3.
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.
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. From 2027, Awaab's Law sets statutory expected timeframes under sections 2A and 2B of the Housing Act 2004 (inserted by section 100 of the Renters' Rights Act 2025): contact within four hours and attendance within 24 hours for emergency hazards. For non-urgent reports, email aftercare@harveywjames.com.
Q. How do I make a complaint about my landlord or Harvey W James?
Step 1: write to aftercare@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 8 weeks. Step 2: if our final response is unsatisfactory, 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, from late 2026, go to the new mandatory Private Rented Sector Ombudsman established under Part 2 Chapter 2 of the Renters' Rights Act 2025. The full procedure is on the Internal Complaints Procedure page.
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.
For landlords
Q. How do I increase rent on my tenancy?
Serve a Section 13 notice on Form 4A (the post-1-May-2026 prescribed form). Maximum once per 12-month period, minimum 2 months' notice, capped at the open-market rent. The tenant may challenge at the First-tier Tribunal; expect a meaningful proportion to do so. Harvey W James managed clients receive an annual valuation as part of the rent-review process, so the proposed rent sits on documented market evidence before the notice goes out. The detail is on the Landlords page.
Q. What grounds can I use to evict a tenant?
Possession is only available via Section 8 of the Housing Act 1988 since 1 May 2026. The grounds are listed in Schedule 2 (as amended by Schedule 1 of the Renters' Rights Act 2025). For private-sector landlords, the operationally relevant mandatory grounds are: 1 (landlord occupation), 1A (sale), 2 (mortgagee sale), 4A (student HMO), 6 (redevelopment), 6B (enforcement-action compliance), 7 (death of tenant), 7A (severe anti-social behaviour), 7B (no Right to Rent), and 8 (serious rent arrears). The relevant discretionary grounds are 9 to 15 and 17. Specialist grounds (5A–5H, 6A, 14A, 18) typically apply only to registered providers, charities, agricultural lettings, or supported-accommodation contexts.
Q. How long is the notice period for the ground I want to use?
Notice periods vary by ground. Four months for Grounds 1, 1A, 1B, 2, 2ZA–2ZD, 4A, 6, 6A, and 6B. Two months for Grounds 5, 5A, 5B, 5C, 5D, 5H, 7, and 9. Four weeks for Grounds 5E, 5F, 5G, 8, 10, 11, and 18. Two weeks for Grounds 4, 7B, 12, 13, 14ZA, 14A, 15, and 17. Grounds 7A and 14 require no notice — the landlord can apply to the court immediately, but the court cannot order possession for at least 14 days from service.
Q. Can I refuse a pet request?
Yes, but only on reasonable grounds — see section 16B(4) of the Housing Act 1988. Reasonable grounds include where keeping the pet would breach a superior landlord's terms or where the superior landlord has refused consent despite reasonable steps to obtain it. "I just don't want pets" is not a reasonable ground; the tenant may take the matter to court for specific performance of the implied term.
Q. Do I need to register with the PRS Database?
Yes, once the database goes live in late 2026. Marketing or letting a dwelling that is not registered will be an offence under section 92 of the Renters' Rights Act 2025. Harvey W James will manage registration on behalf of managed clients via Lettspay, so no client action is required beyond providing the underlying data we already collect at onboarding.
Q. What is the Decent Homes Standard and when does it apply?
The Decent Homes Standard is a property condition standard that, from 2027, will apply to private rented properties under section 100 of the Renters' Rights Act 2025 and Schedule 4. Awaab's Law (statutory hazard-response timeframes) applies in parallel. Properties failing the standard will face enforcement action and potential restrictions on letting. We will publish the operational specification — required works, evidence, and timelines — once the Secretary of State makes the supporting regulations.
Q. Do I need to do anything before 31 May 2026?
Yes. Every existing tenant must be served a government-prescribed written information sheet on or before 31 May 2026, under Schedule 6 paragraph 7 of the Renters' Rights Act 2025 and the supporting Statutory Instrument. For Harvey W James managed properties, we serve the sheet on the tenant on the landlord's behalf and keep a dated copy on file. For non-managed tenancies, the landlord is responsible. If you are not sure whether your property is in scope, contact us and we will confirm.
For applicants and general queries
Q. Do I have to pay a fee to register on Harvey W James' applicant database?
No. It is unlawful under the Tenant Fees Act 2019 for a letting agent to charge a fee to register a tenant or applicant. The only payments tenants may lawfully be required to make are listed in Schedule 1 of the Tenant Fees Act 2019: rent, deposit, holding deposit, and certain default payments. The full schedule is on the Tenant Fees Schedule.
Q. Can a landlord refuse my application because I have children, or because I receive Universal Credit or Housing Benefit?
No. Discrimination on the grounds of children or benefits status is prohibited by Part 1 Chapter 3 of the Renters' Rights Act 2025 (sections 33 to 43). Discriminatory terms in a tenancy are unenforceable. Discriminatory advertising or refusal can carry financial penalties. Harvey W James assesses every applicant on objective criteria — affordability, references, conduct — applied consistently to everyone.
Q. Can a landlord ask for rent in advance?
No. Two prohibitions apply since 1 May 2026. Section 8 of the Renters' Rights Act 2025 (which inserts section 4B into the Housing Act 1988) bans rent in advance once the tenancy is entered into. Section 9 (which amends the Tenant Fees Act 2019) bans pre-tenancy payments of rent in advance. You can pay the first month's rent at the start of the tenancy; anything more is unlawful. The compliant alternative for applicants who would otherwise have offered rent in advance — including international students — is the Goodlord Guarantor service.
Q. Can a landlord run a bidding war to push the rent up?
No. Section 56 of the Renters' Rights Act 2025 prohibits soliciting or accepting rent above the figure advertised. The advertised rent is the ceiling, not the starting point. Where more than one acceptable offer is received at the asking rent, allocation is on a first-come basis. Harvey W James operates a strict first-come allocation process: the first applicant whose holding deposit clears and whose application progresses to a passed reference is offered the tenancy.
Where else to look
For terminology, the Glossary decodes every acronym and statute used on this site. For the full tenant lifecycle, see the Tenants page. For the operational position with landlords, see the Landlords page and the Landlord Terms of Business. For the published schedule of every payment a tenant may lawfully be required to make, see the Tenant Fees Schedule. For the full complaints procedure and the external redress routes, see the Internal Complaints Procedure.
Useful contacts and registers
- General enquiries: 020 3865 1500, info@harveywjames.com
- Aftercare, repairs, and complaints: aftercare@harveywjames.com
- Pet requests: lettings@harveywjames.com
- Office address: Harvey W James Ltd, registered office E15 4QZ.
- Property Redress Scheme (agent redress, including Tenant Fees Act enforcement): membership PRS010914 — verify here.
- Propertymark Client Money Protection: membership M0243538 — verify here.
- Information Commissioner's Office (data protection): registration ZA312485 — verify here.
This page reflects Harvey W James' operational understanding of the Renters' Rights Act 2025, the Housing Act 1988 (as amended), the Housing Act 2004 (as amended), the Tenant Fees Act 2019 (as amended), the Landlord and Tenant Act 1985, the Protection from Eviction Act 1977 (as amended), the Immigration Act 2014, and the Equality Act 2010. It is not legal advice. For the published Act text refer to legislation.gov.uk; for your specific situation seek independent legal advice. Last reviewed against Essential Terms and Charges v2.1.5 (7 May 2026).