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Expert guides on tenant rights, rent increases, and the Section 13 process in England.
Index-linked or CPI rent review clause after 1 May 2026: the tenant refusal walkthrough
Plenty of older tenancy agreements contain a clause that lets the landlord raise the rent automatically each year by inflation, often pegged to CPI or RPI. Since 1 May 2026 those clauses can no longer be used: every rent increase on a tenancy now has to go through the statutory Section 13 process, and a contractual review clause cannot override it. This walkthrough explains why an index-linked uplift is no longer enforceable, how to spot when a landlord is trying to apply one anyway, and gives you a template letter to refuse it calmly and correctly.
RRO for a banning order breach: tenant claim guide 2026
A banning order stops a landlord letting property. If they let to you anyway, that breach is a qualifying offence for a rent repayment order, and from 1 May 2026 the ceiling rose to 24 months' rent. You can claim even if you were not the tenant when the order was breached, and continuing to let after a council penalty is itself an offence. Here is the tenant claim walkthrough, with a First-tier Tribunal application template.
Refused for benefits or children: tenant complaint guide 2026
From 1 May 2026 a landlord or agent cannot refuse you a tenancy, or make it harder to rent, because you claim benefits or have children. That includes blanket no DSS adverts, hiding availability, or blocking viewings. Councils must enforce it, with fines and rent repayment orders. Here is how to recognise it, capture the evidence, and complain, with a council and ombudsman template.
Landlord not on the PRS Database: tenant walkthrough (2026)
The Renters' Rights Act creates a Private Rented Sector Database every private landlord and property in England must be on. An unregistered landlord cannot serve a valid Section 8 notice, cannot lawfully market the property, and exposes themselves to a rent repayment order of up to 24 months. Here is how to check the database, what non-registration means for a tenant, and how to report it, with a council-report template.
Deposit not protected: the 1-3x counterclaim during possession (2026)
If your landlord never protected your deposit, or never served the prescribed information, you can claim a penalty of 1 to 3 times the deposit. Raised as a counterclaim inside a rent-arrears possession claim, that penalty can be set off against the arrears, which on a Ground 8 case can pull the debt below the mandatory threshold. Here is the plain-English walkthrough with a counterclaim paragraph and a worked set-off calculation.
How to suspend or postpone a possession order: tenant walkthrough (2026)
If a possession order has been made, or you expect one, the court has powers to postpone the date, suspend the order or vary its terms. There are real limits: 14 days as standard, up to 6 weeks on exceptional hardship, and the powers do not apply to mandatory grounds like Ground 8. The single biggest mistake is leaving it too late. Here is the walkthrough with an N244 grounds paragraph and a worked exceptional-hardship statement.
Section 8 Ground 16 (former employee): the tenant defence walkthrough (2026)
Ground 16 is the former-employee ground: possession because the home was let in consequence of employment that has since ended. It is discretionary, the notice period is 2 months, it cannot take effect during a fixed term, and most cases turn on whether the let was genuinely tied to the job and on the reasonableness test. Here is the plain-English walkthrough with a request-for-particulars letter.
Section 8 Ground 7A (mandatory serious anti-social behaviour): the tenant defence walkthrough (2026)
Ground 7A is the mandatory anti-social behaviour ground. If the threshold is met the judge has no discretion. But the threshold needs a relevant conviction — not an allegation, not a caution, not a community resolution. Spent convictions, conditional discharges, pending appeals and the 12-month notice window all attack the conviction limb. Plus the Article 8 / Equality Act overlay for vulnerable tenants. Here is the plain-English walkthrough with templates.
Equitable set-off and disrepair counterclaim: the tenant defence to Ground 8 possession (2026)
Ground 8 is the single mandatory rent arrears ground — at threshold, the judge has no discretion. But the rent that counts is the rent lawfully due, and where the landlord is in breach of repairing obligations the tenant has an equitable set-off that reduces lawfully due rent. Calculated correctly, set-off can defeat a Ground 8 claim at the notice date. Here is the plain-English walkthrough of Baygreen Properties, the connected-cross-claim test, the procedural filing order, and a templated defence and counterclaim paragraph for the N11R.
Section 8 Ground 15 (deterioration of furniture): the tenant defence walkthrough (2026)
Ground 15 is the furniture ground — possession because furniture provided with a furnished tenancy has deteriorated through the tenant's or a household member's conduct. It only operates against furnished tenancies, the notice period is 4 weeks, the lodger and sub-tenant carve-out is real, and most cases turn on the wear-and-tear vs damage line and on whether the landlord can produce a competent inventory. Here is the plain-English walkthrough with the particulars-request letter and a worked wear-and-tear schedule.