Rented house that is let by my tenant,I am the landlord, who is UK based, but split time in the UK as away working overseas, so I rent through a small managing agent and thinking of moving to OpenRent. This tenancy started on 1 October 2025 as an assured shorthold tenancy (AST), fixed term 12 months.
My tenant, single father with two young children (one child has developed a chronic cough during the tenancy). Rent paid by Universal Credit top-up deposit paid at start, £1,650 (6 weeks’ rent). The tenant is a vulnerable tenant (limited English, on benefits).
My agent accepted the deposit but failed to register it in a deposit protection scheme or provide the required prescribed information. They then later transferred the deposit to a new agent, but did not inform the tenant or the scheme (if one had been used as no evidence the deposit was ever protected).
My tenant reported persistent damp and black mould in the master bedroom and hallway; he also complained of intermittent electrical flickering and occasional tripping of sockets. The agent acknowledged the report but put repairs off repeatedly citing “funding problems” and saying the landlord is “charging up funds”, which is not true.
The agent could not produce an electrical installation condition report (EICR) for the property when asked for it. They said they “haven’t needed one” and only provided a gas safety certificate.
The property’s most recent EPC (energy performance certificate) issued in 2020 shows an EPC F. No improvement works were completed and no exemption was registered.
My tenant’s child’s GP records show repeated respiratory infections and the GP wrote a note attributing symptoms to damp/mould exposure. My tenant emailed the agent and threatened to withhold rent if the problem is not fixed. The agent replied “do not withhold rent.”
As a landlord I served a Section 21 notice giving two months’ notice claiming possession because I want to sell the property. The agent emailed the tenant the notice but does not provide evidence of deposit protection, nor any recent EICR or work orders.
A property manager from the current agent attended in person and told my tenant “If you don’t accept the notice, we’ll escalate and you’ll have to pay for the damp remediation.” The manager later attempted to change the locks while the tenant was out, but did not complete the eviction.
My tenant called the pertinent Environmental Health team and they inspected and recorded a category 1 HHSRS hazard for damp/mould (serious risk). They advised that enforcement action may follow but say they are short staffed.
Now the government has abolished Section 21 no fault evictions with a future commencement date
of May 2026. Also, government guidance expanded electrical safety requirements and indicates mandatory electrical testing for rented homes. MEES rules have also tightened, with public guidance aiming for higher EPC minimum by 2030. There is also an ongoing legislative package around deposit handling; a Protection of Tenants’ Deposits Bill was published in 2025 which would change deposit registration and transferring obligations, but not yet fully in force.
Before any remedial action, I have listed the house for sale at auction and posted an advert priced significantly higher as I may repair and re let at market rent. No repair remediation has been done. The agent has emailed my tenant and offered “Accept a surrender and leave by … and we’ll agree a reduced outstanding charge”, unclear whether this is a genuine offer.
I cannot afford a Solicitor so researching then looking for professional free advice after I know a bit more as all new to me.
I need help answering what are the tenant’s immediate rights the day after the attempted lock change? What criminal and civil remedies are available immediately? Which remedy should be sought first and why?
Is the Section 21 notice valid? If not, why not, and does the impending Renters’ Rights Act affect the assessment?
Also given the HHSRS category 1 finding, what specific notices can the local authority issue, on what legal basis, and what are my likely legal responses/defences? Which public law or statutory powers are the local authorities likely to use?
What is the legal significance of the missing EICR? Can I be forced to produce an EICR right now, what statutory instrument or guidance would that be under? How could the missing EICR be used tactically in court?
How does the EPC F and MEES situation affect my ability to continue letting? Is there an immediate prohibition to rely on? What enforcement bodies and sanctions could be engaged?
What’s the exact paperwork and witness statements they could prepare for an urgent interim injunction application to stop an illegal eviction and compel remediation. Which courts and orms would they use?
If the deposit was indeed never protected, what remedies are available to the tenant and what are the priorities and likely monetary outcomes.
If the local authority says they cannot act for a while due to capacity. What can the tenant do in the interim to protect themselves?
What are the reputational, regulatory and financial risks to the letting agent and myself?
When the Renters’ Rights Act commences in May 2026, how would outcomes differ for the tenant and what additional remedies/defences would be available retrospectively?
