Renters’ Rights Act

Become a landlord with a large buy-to-let mortgage loan - Trinity Finance

Renters’ Rights Act

  • The Renters’ Rights Act introduces major reforms to the private rented sector. Already law in England, the Act represents the most significant overhaul in 40 years, aiming to create a fairer system by improving tenant security, property standards and landlord accountability.
  • Key changes take effect from 1st May 2026, with further phases to follow. Initial reforms include the abolition of Section 21 ‘no fault’ evictions, the introduction of rolling tenancies, limits on rent increases and restrictions on rent in advance. Additional measures, such as a landlord database and an ombudsman service, will be introduced later.
  • Landlords must adapt processes and maintain detailed records to remain compliant. Stronger enforcement powers, higher financial penalties and new legal obligations mean landlords need to stay informed, keep accurate documentation and prepare their portfolios in advance of each phase.

FREE Renters’ Rights Act Advice

    Confirm you are real (Required)

    Book an appointment with our Renters’ Rights Act specialist 01322 907 000

    As a landlord, you may already have heard of the Renters’ Rights Act and have begun preparations to ensure that you meet its requirements. Alternatively, you may be aware that the plans are soon to be implemented but are not quite sure what they are and how they will affect you.

    At Trinity Finance, we understand how concerned you may be about what to expect and aim to make this guide as clear and as detailed as possible. Whether you rent out one or two properties, have become an accidental landlord or are a portfolio landlord, we endeavour to answer all of your questions here.

    In this Renters’ Rights Act guide, we’ll explain what the Act is and why it is needed. We’ll detail the reforms to be made and when they come into effect, how to prepare for these rental reforms and how the Act will be enforced.

    What is the Renters’ Rights Act?

    The Renters’ Rights Act represents the government’s commitment to reform the private rented sector in England. Tenants are continuously faced with rental increases, the threat of eviction, unfair requirements to pay multiple months’ rent upfront, low standards of housing and discrimination when receiving housing benefits or having children.

    The Renters’ Rights Act has become law in England, having been passed in parliament on 22nd October 2025 and then receiving royal assent on 27th October 2025. It includes numerous measures to allow for tenancy reform and these will come into effect in phases. The main changes will be applied during the first phase, coming into force on 1st May 2026.

    These include the abolishment of Section 21 ‘no fault’ evictions, using rolling tenancies instead of those with fixed terms, improving the standards of properties that must be offered, an end to rental bidding, restrictions on rent payable in advance and on rental increases, and more. Other changes include the introduction of a new Private Rented Sector Landlord Ombudsman, a new rental property database and the introduction of Awaab’s Law to make hazardous homes safe. The changes to be made under the Renters’ Rights Act form the most significant overhaul of the private rented sector in 40 years.

    Why are reforms to the rental sector needed?

    The private rented sector has required an overhaul for a long time. Most landlords provide a proper service and a stable home for their tenants but, despite this, the private sector is still known for its poor quality, insecure and unaffordable housing. Tenants are at risk of being told to move out at very short notice and with little justification. Many also have to endure a substandard quality of property because making a complaint could result in their landlords evicting them.

    Tenants have been unfairly impacted by the existing system, with landlords’ responsibilities and rights needing to be addressed. According to Shelter England, between 2018 and 2023, 800,000 private tenants couldn’t afford to pay the rent required in advance, leaving them unable to rent the homes they wanted. As well as that, 70 households each day face the threat of homelessness due to the Section 21 ‘no fault’ eviction. With an estimated 11 million private rental tenants in England, the Renters’ Rights Act aims to redress the unfair issues experienced by tenants and put a fairer renting system in place.

    It’s not just tenants who suffer under the existing system. Good, reliable landlords are often undercut by those looking to exploit the system. These reforms, and the timeline before they’re enforced, ensure that decent, professional landlords can still benefit from a good relationship with their tenants and give them adequate time to make any changes as necessary. At the same time, unscrupulous landlords will either have to step up and meet the new Renters’ Rights Act changes or leave the private rented sector.

    Reforms to come into effect in the Renters’ Rights Act May 2026

    As mentioned above, although the Act became law in 2025, the main changes come into force on 1st May 2026. At a glance, these include:

    • An end to Section 21 ‘no fault’ evictions
    • Longer notice periods for evictions
    • The abolition of fixed-term assured shorthold tenancies
    • A cap of one month’s rent in advance
    • An end to rental bidding
    • Only one rental increase allowed per year
    • An end to discrimination against tenants receiving housing benefits or those with children
    • Clearer rules on having pets
    • Stronger local authority enforcement
    • A requirement for mandatory tenancy information to be given to tenants prior to agreeing to a tenancy

    Below, we have described each of these reforms in more detail.

    An end to Section 21 ‘no fault’ evictions

    Under the current system, landlords can begin possession proceedings by serving tenants with a Section 21 notice. This gives a minimum of 2 months’ notice to leave and no reason has to be given for the eviction. This process has become known as a Section 21 ‘no fault’ eviction and has long been a contentious issue. It makes tenants feel insecure and unstable in their rented homes, with the continuous threat of eviction hanging over their heads. They can be asked to leave at short notice, with no wrongdoing on their part. As such, tenants often feel unable to report repairs or maintenance issues that need dealing with for fear of reprisal with an eviction notice.

    From 1st May 2026, Section 21 notices will no longer be used. Instead, to begin the eviction process, a Section 8 notice must be served. A landlord must have a valid legal reason to seek possession and provide evidence to back up these grounds. Legitimate reasons can include:

    • A landlord wanting to sell their property
    • A landlord or a close family member wishing to move into the property
    • The need for redevelopment of the property
    • Tenants being in serious rent arrears
    • Damage caused to the property
    • Tenants displaying anti-social behaviour
    • A breach of tenancy

    Revisions to be made to Section 8

    The grounds for possession under Section 8 will be revised to meet the demands of the Act. These include increasing the required level of rent arrears to 3 months instead of 2 months. The notice period will also be doubled from 2 to 4 weeks. Section 8 will be strengthened to ensure that landlords can still evict tenants under reasonable circumstances. Possession proceedings have to be undertaken in court, with grounds for possession falling under mandatory or discretionary categories. With the increased time and potential costs of these new possession rules, landlords are strongly recommended to keep clear records relating to tenant compliance, any incidents that occur and ongoing communications with tenants.

    Longer notice periods for evictions

    As of 1st May 2026, the notice period for evictions will be longer in many cases, such as 4 months instead of 2 months. For example, a landlord cannot sell or move into their property in the first 12 months of a new tenancy. After that, they need to give 4 months’ notice. Another example is that a landlord must give 4 months’ notice if they wish to redevelop their property and the work cannot be done with the tenants in situ. The tenancy must have been entered into at least 6 months before seeking possession.

    In contrast, other eviction proceedings can begin immediately. For example, if tenants have displayed severe anti-social or criminal behaviour. It’s important for landlords to familiarise themselves with the varying notice periods for different grounds for possession under Section 8.

    The abolition of fixed-term assured shorthold tenancies

    Another major change to come into effect on 1st May 2026 is the removal of fixed-term assured shorthold tenancies (ASTs). These will be replaced with periodic tenancies, which will have indefinite contracts instead of those with a fixed term. The new tenancies will provide tenants with stronger rights and give them long-term security in their rental homes.

    All future tenancies will require a written tenancy agreement containing specific information. This information is to be detailed by the government in secondary legislation. For existing written tenancy agreements, landlords will need to provide tenants with a copy of an information sheet that has been produced by the government, rather than amending the original agreements. The government information sheet details how the new reforms may have an impact on the tenancy. Where a written tenancy agreement isn’t in place for an existing tenancy, a landlord will need to provide a written document detailing the required information.

    A cap of one month’s rent in advance

    Currently, some landlords request significant amounts of rent in advance from tenants who want to rent their properties. This can put affordability out of reach for many tenants, either for a particular property they want to move into or for renting a property altogether. Tenants who have already had no choice but to meet these high demands can find themselves stretched to their financial limits as a result. This leaves them stuck where they are, unable to move to a new rental property.

    Under the Renters’ Rights Act, the Tenant Fees Act 2019 will be amended. A maximum of 1 month’s rent can be required once a tenancy agreement has been signed and before it starts. Any terms in a tenancy agreement stating that rent must be paid in advance of the due date will not be able to be enforced by the landlord.

    This new cap for rent paid in advance will remove the financial barrier that stands in the way of many tenants who wish to rent a property or move to a new home within the private rented sector. If a landlord is found to have accepted a prohibited amount for the rent in advance, the local council will require that amount to be repaid and impose a civil penalty on them of up to £5,000.

    Whilst landlords will not be allowed to require any rent to be paid in advance of the period it relates to, tenants can pay their rent before it’s due if they wish to. This enables tenants to manage their finances more flexibly.

    An end to rental bidding

    Prospective tenants often find themselves entering a bidding war to get the property they want. The Renters’ Rights Act will put an end to rental bidding so that tenants are no longer forced to bid against each other by unscrupulous landlords. Prohibiting this practice will ensure that rents are fairer and help to stabilise the rental market.

    From 1st May 2026, a rental price will need to be published for a property. Landlords and letting agents will be unable to ask for, encourage or accept any bids higher than the advertised amount. To do so will be illegal and considered a breach of the Act, resulting in civil financial penalties.

    Only one rental increase allowed per year

    Another key change under the Renters’ Rights Act is that only one rental increase can be made per year. This can only be done after serving a Section 13 notice and the rent can only be increased to the market rate. Tenants must be given 2 months’ notice of a proposed rent increase. This ensures that rents are fairer across the board and prevents unscrupulous landlords from trying to use rent increases as an eviction loophole.

    Tenants have the right to challenge rent increases if they believe they exceed the market rate. This can be done via the First-tier Tribunal. The Tribunal is to be reformed to ensure a fairer outcome for tenants than is currently achieved. For example, the Tribunal will no longer be able to increase a rental amount higher than the one proposed by the landlord. Backdating rent increases will also no longer be allowed, with the new rent only taking effect from the date of the Tribunal’s findings. In cases where tenants are suffering undue hardship, the Tribunal can defer rent increases for up to another 2 months.

    An end to discrimination against tenants receiving housing benefits or those with children

    Rental discrimination is also being tackled under the Renters’ Rights Act. Discrimination against families with children or those who receive housing benefits will no longer be allowed. This applies to landlords and letting agents, ensuring fair treatment of all tenants when looking for somewhere to live.

    Selecting tenants must be fair and transparent, based on standard referencing checks to ensure suitability for all parties. This includes checking a tenant’s credit history, affordability and other references. A tenant cannot be excluded for either having children or receiving housing benefit payments.

    An applicant’s individual circumstances must still be taken into account. For example, a one-bedroom flat wouldn’t be suitable for a single parent with two teenagers. This would actually breach overcrowding rules.

    Civil penalties can be imposed on landlords or those acting on their behalf where rental discrimination has taken place. Local authorities can issue financial penalties of up to £7,000 for breaches. For continued and repeat breaches, multiple penalties can be issued for landlords and letting agents. If a financial penalty is issued and it is believed to be unfair, it can be appealed at the First-tier Tribunal.

    Clearer rules on having pets

    The government supports responsible pet ownership within the private rented sector. Pets can bring enjoyment, comfort and companionship, helping to enhance tenants’ well-being. Under the Renters’ Rights Act, tenants can request to have a pet and landlords must consider this request fairly.

    Landlords can no longer ban pets outright and must have reasonable grounds to refuse them in their properties. An example of a reasonable ground for refusal by a landlord is when pets are prohibited by their superior landlord. The size of the property can be a reasonable ground or the number of existing pets a tenant has. Each case has to be gauged on an individual basis to determine whether there are reasonable grounds for refusal of consent or not. If an existing ‘no pets’ clause is in a tenancy agreement, this will become invalid when the new law comes into effect on 1st May 2026.

    Tenants must put their request for consent in writing, stating the type of pet they wish to have. Landlords have 28 days to either agree or refuse. If a landlord refuses consent, tenants can challenge any decisions they deem to be unfair. They can escalate the issue to the Private Rented Sector Ombudsman or take their case to court. Evidence will have to be produced by both parties, determining the final decision.

    Concerns over pet damage

    One concern for landlords is the damage that pets can cause to their properties. Tenants pay a deposit and this can be used to cover any damage caused by pets. No additional deposit or fees can be charged by a landlord for tenants who have pets. If the deposit is insufficient to cover the costs of the damage, a landlord can take their tenant to court to recoup the extra funds needed. Landlords cannot insist that tenants take out pet damage insurance.

    How landlords can prepare for this change

    Landlords can prepare for this change in law by creating a fair, transparent pet policy. It should take into account tenants’ needs as well as the property upkeep. They should check their insurance and if pet damage isn’t already covered, consider taking out this cover to help mitigate any potential risks.

    Stronger local authority enforcement

    On 27th December 2025, local councils were given increased powers to investigate and enforce non-compliance with regulations in the private rented sector. They have more authority to inspect properties, access documents and enforce standards. Higher civil financial penalties can be imposed for non-compliance.

    From 1st May 2026, civil financial penalties of up to £7,000 can be imposed for minor or initial non-compliance. Repeat or serious breaches of the Act can command penalties of up to £40,000. Some breaches of the Renters’ Rights Act will be deemed a criminal offence. In this case, an unlimited fine can be imposed by the local council. An example of a breach of landlord duty that is classed as a criminal offence is to provide false or misleading information to the Private Rented Sector Database.

    Rent repayment orders

    Tenants will have up to 2 years, which is an increase from 12 months, to apply for a rent repayment order via the First-tier Tribunal for landlords who have committed an offence. The amount of rent that can be covered has also increased, going up to 2 years’ rent from 12 months’ rent. For continuing breaches, a rent repayment order will be imposed after a civil financial penalty. Rent repayment orders will also be extended to superior landlords and company directors.

    How landlords can prepare for these enforcements

    To prepare for these stricter enforcements, landlords should ensure that they stay informed on local council regulations and regularly check with the council to keep ahead of new requirements.

    A requirement for mandatory tenancy information to be given to tenants prior to agreeing to a tenancy

    From 1st May 2026, a mandatory requirement will be placed on landlords to provide tenants with a written statement of terms when entering into a tenancy. A draft copy of the tenancy information that is to be supplied to tenants has been published by the government. The information can either be incorporated into the tenancy agreement or given as a separate statement.

    For existing tenancies that were granted before 1st May 2026, the statement of standard new terms doesn’t have to be provided and existing tenancy agreements don’t need to be changed or reissued. Instead, landlords will be required to provide their tenants with a copy of the government-produced information sheet, which details the changes that will apply with the introduction of the Act and may affect their tenancy as a result. This has to be done within a month of it coming into force — therefore, between 1st and 31st May 2026. If a verbal tenancy is in place rather than a written one, a written document must be provided that covers all of the required information.

    Other changes under the Renters’ Rights Act

    Further changes to be made under the Act include the creation of a new rental property database, an ombudsman service, the Decent Homes Standard and Awaab’s Law. The first two will be implemented during phase two, which is later in 2026 and early 2027, while the last two will be introduced during phase three. The date for phase three to commence is subject to consultation but it is estimated to come into effect in 2035 or 2037.

    Private Rented Sector Database

    Aiming to increase landlords’ accountability to tenants under the Renter’s Rights Act, the government will also be introducing the new mandatory Private Rented Sector Database. Landlords will need to register themselves and their properties on the national database and pay an annual fee. They’ll need to include their own basic information, such as contact details, and key details about the property, such as the Energy Performance Certificate, gas safety certificate and Electrical Installation Condition Report. The online database will also include information such as prior regulatory breaches or banning orders.

    Increasing transparency in the rental market, the PRS Database will help landlords to show their compliance with legal obligations, while helping tenants to make an informed decision before entering into a tenancy agreement. If landlords fail to register on the database and then market or let out their properties, they will be subject to severe civil penalties. Possession orders will not be able to be obtained, except in specific circumstances, unless active entries are maintained on the database.

    The PRS Database will enable landlords to access relevant guidance and updates to requirements. This will help them to understand their legal obligations and have access to up-to-date information concerning their responsibilities.

    How landlords can prepare for the PRS Database

    To prepare for the commencement of the Private Rented Sector Database, there are various ways to prepare as a landlord:

    • Gather essential documents in readiness, such as a gas safety certificate, an Electrical Installation Condition Report and an Energy Performance Certificate.
    • Make sure that all records are kept up to date.
    • Keep documents and certificates relating to a property in one place so that they are easily accessible.
    • Have a system in place to ensure that key deadlines aren’t missed.

    Private Rented Sector Landlord Ombudsman

    As well as registering on the PRS Database, all landlords will be required to register with the Private Rented Sector Landlord Ombudsman. This scheme will be designed to handle and resolve complaints made by tenants against their landlords quickly and cost-effectively. As a mandatory requirement, it’s expected that this scheme will be ready in 2028, at which point landlords will need to register. A fee will be payable by landlords to maintain the service, just as it will for the PRS Database.

    This service will be free for tenants to use and will enable them to make a complaint about their landlord’s action or behaviour. Landlords may be asked to provide information, take remedial action, make an apology and/or pay compensation.

    Any decisions reached by the Ombudsman will be done so in a fair and impartial manner and will be legally binding. This means that not only will it provide a quick resolution to disputes but it will also negate the need for court action in these instances. The scheme, therefore, has been designed to help relieve some of the additional pressure that will be faced by the courts as the new legislation comes into effect.

    Should a landlord fail to comply with a decision, they may be expelled from the scheme and subject to enforcement action by the local council. This will include civil penalties of up to £7,000 for initial breaches and up to £40,000 or criminal prosecution for repeated or continuing breaches.

    How landlords can prepare for the Private Rented Sector Landlord Ombudsman

    Landlords should keep up to date with developments on the PRS Landlord Ombudsman scheme and ensure that they are ready to sign up for it as soon as it goes live. To help prevent any disputes with tenants, they should ensure clear communication. It will be imperative to keep records of requests for maintenance and repairs as well as interactions with tenants, to help in such times that a dispute occurs.

    Decent Homes Standard

    In phase three of the Renters’ Rights Act, private landlords will have to meet the Decent Homes Standard (DHS). This is being introduced to the private rented sector for the first time to ensure that tenants can rely on having safe, secure homes with decent standards. The DHS will help clarify the requirements of landlords to bring those who fall short up to the same level as that already provided by the majority of landlords. It is not expected to come into force until 2035 at the earliest.

    To comply with the DHS, rented homes will need to be safe and well-maintained. They will need to be free from serious hazards, such as poor insulation, faulty wiring or damp. Properties will also need to comply with Awaab’s Law, which gives landlords set timescales within which to deal with serious issues, such as damp and mould. We’ll explain Awaab’s Law in more detail below.

    Should a property fail to meet the DHS requirements, the local council will be able to apply enforcement measures. For example, they may serve an improvement notice with a set timescale for resolving the issue. If a landlord doesn’t comply, they may face a civil penalty or criminal prosecution. The local council or tenants can also apply for a rent repayment order via the First-tier Tribunal.

    A legal duty on landlords will be introduced to ensure the proactive maintenance of property safety and decency. For those who don’t take reasonable steps to ensure there are no serious hazards in their properties, local councils will be able to issue civil penalties of up to £7,000.

    How landlords can prepare for the Decent Homes Standard

    Landlords can prepare for this new property standard in several ways. These include to:

    • Carry out an inspection of the property to check for compliance and identify any potential issues.
    • Consider the costs of repairs that may be needed to bring the property up to standard.
    • Set aside a budget for repair works so that you’re not faced with sudden costs in the future.
    • Create a clear process of how your tenants can report issues, how you intend to rectify hazards and how issues will be dealt with if you’re not available, such as if you’re on holiday.

    Awaab’s Law

    Awaab’s Law was introduced to the social housing sector after a campaign that followed the tragic, avoidable death of 2-year-old Awaab Ishak. His death had been caused by continuous exposure to mould in the social rented home he lived in with his family.

    Now, there are plans to extend Awaab’s Law to privately rented homes under the Renters’ Rights Act. New requirements will be placed on landlords to deal with hazardous issues, such as damp and mould, within a set time frame. If these issues are not addressed, tenants will be able to seek enforcement action via the courts. If a breach of contract is determined by the court, the landlord can be ordered to take the necessary action and/or pay compensation. Rather than taking court action, tenants can challenge landlords about the issues if they prefer. If a satisfactory response isn’t given, they can take the matter further with the Private Rented Sector Landlord Ombudsman.   

    As yet, the timescales for these repairs to be carried out by landlords under Awaab’s Law have yet to be decided. The government acknowledges that there are differences between the social and private rented sectors. Therefore, it does not necessarily make sense to apply the same time frames from one sector to the other. As such, the government will release further information on how Awaab’s Law is to be applied to the private rented sector once it has been agreed.

    How landlords can prepare for Awaab’s Law

    Ahead of the new regulations, landlords should inspect their properties for signs of damp, mould or other serious hazards. If work is needed, it’s best to get it dealt with straight away before the issue becomes even worse. If there are no issues, it’s a good idea to set aside a budget in case of future issues. Landlords or their managing agents should carry out regular inspections to check for signs of mould or damp forming in their properties. Being proactive helps to mitigate risk, avoid disruption during tenancies and ensure compliance with the Renters’ Rights Act.

    What happens to existing tenancy agreements after 1st May 2026?

    Once the Act comes into force on 1st May 2026, existing private tenancies will automatically convert to the new system. Existing fixed-term assured shorthold tenancies will convert into assured periodic tenancies. This means that there is no end date, with tenancies continuing on a rolling basis. Any pre-agreed renewal or break clauses will no longer apply. Tenants will be able to give 2 months’ notice at any time.

    Section 21 notices or the old style of Section 8 notices will no longer be able to be served for possession of properties. This removes the threat of ‘no fault’ evictions for tenants and landlords can only gain possession with specific, evidence-based grounds. This ensures that all tenants – not just those with new tenancies – benefit from immediate security and it avoids the confusion of running a two-tier system. Notices that have been served prior to the Act coming into force will be subject to transitional arrangements.

    For existing tenancies, landlords don’t need to issue the statement of standard new terms to their tenants or change or re-issue the existing tenancy agreements. Instead, they will be required to provide their tenants with a copy of the information sheet produced by the government. This sheet explains the changes to take effect with the introduction of the Act so that tenants know how their tenancy may be impacted. This sheet must be provided within a month of the Act coming into force, which is between 1st and 31st May 2026 inclusive. Should the existing tenancy be a verbal one instead of a written one, then the landlord must provide the tenants with a written document that includes the required information.

    What happens if landlords don’t comply with the Act?

    The new legislation imposes a number of new rules on both landlords and agents in the private rented sector. These rules span across the board, ranging from property standards to discrimination and from possession proceedings to rental bidding and advance payments. To ensure that they are adhered to, local authorities have been given stronger investigatory and enforcement powers.

    These include imposing higher civil financial penalties on non-compliant landlords. Minor or initial breaches can result in penalties of up to £7,000, while repeat or serious breaches can lead to penalties of up to £40,000. Unlimited fines can also be imposed by local councils if landlords are found to have committed a criminal offence. For example, by providing false or misleading information to the PRS Database.

    The Act has also changed details relating to rent repayment orders, which can be sought by tenants when their landlords have committed an offence. Application timescales for these will increase from 12 months to up to 2 years. The amount of rent that can be claimed has also increased from 12 months to 2 years’ rent. If a landlord makes continuous breaches of the Act, a rent repayment order will be made following a civil financial penalty. Company directors and superior landlords will also be affected by rent repayment orders under the new legislation.

    These measures have been deemed necessary to identify rogue landlords and take action to prevent them from exploiting vulnerable tenants.

    Plan early to be fully prepared for the new reforms

    We understand how concerned you may be with so many reforms coming into effect at the same time and more on the horizon. However, we believe that with careful preparation before each phase and continued due diligence, you should experience a smooth transition.

    If you’re an experienced landlord, you’ll already be well-versed in the certificates needed for your rental property, the need for ongoing maintenance and the benefits of having open communication with your tenants. You’ll just need to familiarise yourself with the new changes and prepare as much as possible before they come into effect. From now on, meticulous records will need to be kept during tenancies to help mitigate your risk should a dispute arise. As a new landlord, understanding these reforms ensures that you’ll start out correctly and won’t have to worry about changing any systems that would otherwise be in place.

    As well as the challenges faced with the Renters’ Rights Act reforms, the new legislation presents opportunities for landlords, too. Rogue landlords will be weeded out, who undercut in rent, offer substandard properties and tarnish the reputation of the private rented sector. This will make it a fairer rental market, helping you to stand out as a professional, trusted landlord. With high property standards, more stability for your tenants and maintained good communication between you, the Renters’ Rights Act should serve to strengthen the relationship between you and your tenants.

    If you need more information or guidance on the Renters’ Rights Act and how the reforms will affect you as a landlord, give us a call on 01322 907 000. Our mortgage brokers can discuss refinancing options with you, review your portfolio or help you implement a long-term strategy in readiness for the changes ahead.

    FAQs

    The reforms to the private rented sector under the Renters’ Rights Act will be rolled out in three phases. The first of these will be on 1st May 2026, when the main changes come into effect. These include an end to Section 21 ‘no fault’ eviction grounds, an end to rental bidding, the abolition of fixed-term assured shorthold tenancies and a cap of one month’s rent in advance, to name a few.

    The second phase will be introduced later in 2026 and early in 2027. This phase will include the new mandatory Private Rented Sector Database and Private Rented Sector Landlord Ombudsman. The date for phase three to commence has not yet been confirmed, although it is expected to take effect in 2035 or 2037. This phase will introduce the Decent Homes Standard (DHS) to the private rented sector for the first time and extend Awaab’s Law from the social housing sector to privately rented homes.

    From 1st May 2026, fixed-term assured shorthold tenancies (ASTs) will no longer be in use in England for the private rented sector. Instead, rolling period tenancies will be used and any existing ASTs will automatically change to these. Any reference to a fixed term, renewal option or break clause in an existing agreement will no longer be valid. As rolling tenancies have no end date, these will provide more stability for tenants. Any existing ASTs that stipulate rental payments on a quarterly, 6-monthly or annual basis will be changed to monthly payments.

    Tenants will be able to give 2 months’ notice at any time if they wish to end their tenancy. Landlords will no longer be able to regain possession of their properties by serving a Section 21 ‘no fault’ notice. Instead, they will have to give a valid legal reason and have evidence to back up these grounds for eviction. Reasonable grounds can include landlords wishing to sell their properties or wanting to move into them, among others. However, neither of these two particular reasons can be acted upon within the first 12 months of a tenancy, giving tenants some security in their rented homes.

    Mandatory tenancy information

    For new tenancies after 1st May 2026, landlords must provide tenants with written tenancy agreements that must contain the information and terms that have been set out by the government. For existing written tenancies prior to 1st May 2026, there is no need to revise the agreements or re-issue new agreements. Instead, landlords must provide tenants with a copy of the mandatory statement of terms. This details the reforms that will take effect and how they may affect a tenancy. The statement of terms must be provided to tenants within a month of the Act coming into force, which means it must be given between 1st and 31st May 2026. For verbal agreements rather than written ones, landlords must provide a written document that covers the terms of the periodic tenancy.

    Yes, absolutely, but landlords will need a legitimate reason to seek possession of their properties. These can include:

    • Wanting to sell their property
    • Wanting to move into the property (or a close family member wishing to do so)
    • The need to redevelop the property
    • Serious rent arrears
    • Property damage caused by the tenants
    • Anti-social behaviour displayed by the tenants
    • A breach of tenancy

    Rather than serving a Section 21 ‘no fault’ notice, landlords will be required to serve a Section 8 notice from 1st May 2026 in order to begin the eviction process. They must have evidence to back up their grounds for possession. Longer notice periods will also apply to evictions in many cases, such as 4 months’ notice instead of two.

    The proceedings will be undertaken in court and grounds for possession will either fall under a mandatory or a discretionary category. Landlords are recommended to keep clear records on all incidents that occur, communications with tenants and tenant compliance. This will help to keep the time and potential costs of future possession proceedings to a minimum.

    One of the key changes coming into force on 1st May 2026 is the regulations on pets in tenancies. From this date, tenants will have the right to request a pet in their rental home. Landlords will be legally obliged to consider the request and will be unable to unreasonably refuse it. ‘No pet’ clauses that are often included in tenancy agreements will no longer be permitted.

    Not all circumstances make having pets a possibility so each case has to be determined on an individual basis. Examples of when having pets can be an issue, giving landlords reasonable grounds to refuse their tenants’ requests, include:

    • The size of the property is unsuitable for the size or type of pet the tenant wants. For example, a small flat on an upper level of a property that has no access to an outdoor space is unsuitable for a large dog. Or a prospective tenant may already have a number of pets and the property is too small to accommodate them.
    • Health and safety concerns in shared accommodation, especially HMOs. Other tenants may suffer from allergies or some breeds of pets may pose a safety risk.
    • Leasehold restrictions. For leasehold properties, the superior landlord may prohibit pets from being allowed.

    Examples of unreasonable refusals of tenants’ requests for pets include:

    • Having a personal dislike of pets.
    • A previous bad experience with tenants who had pets.
    • Unsubstantiated concerns about the damage a pet may cause.

    Under the new regulations, tenants will need to put their request for a pet in writing. Their landlord will then have 28 days to respond. If the landlord refuses consent and the tenant deems this to be unfair, they will have the right to challenge the decision either via the Private Rented Sector Ombudsman or by going to court.

    Yes, the issue of rising rents in England is being addressed in the Renters’ Rights Act. Under the new regulations, tighter controls will only allow for one rental increase per year and this can only be to the market rate. To increase the rent, a landlord must give tenants 2 months’ notice of the proposed increase and serve a Section 13 notice.

    If a tenant feels the proposed rent increase is above the market rate, they can challenge it via the First-tier Tribunal. With reforms to the Tribunal underway, the agreed new rent will only be payable from the date of the decision made by the Tribunal. Backdated rent increases will no longer be permitted. The Tribunal will also be unable to set a rental increase higher than the amount requested by the landlord. These changes ensure that tenants can rely on a fairer outcome. Where tenants are found to be suffering undue hardship, the Tribunal will have the power to defer rent increases for up to 2 months.

    No, the ombudsman service is designed to protect consumer rights, giving tenants the opportunity to seek redress. Therefore, it would be unsuitable for use by landlords who are looking for binding decisions when it comes to disputes. The government is currently exploring options for landlords to have an alternative mediation service.

    Local authorities have been given increased powers to investigate potential breaches of the Act and enforce the new reforms. Minor or initial non-compliance by a landlord will incur a civil penalty of up to £7,000. These breaches can include, among others:

    • Not providing tenants with a written statement of terms that includes all of the required information
    • Not providing existing tenants with the required information sheet detailing the changes under the Renters’ Rights Act after 1st May 2026
    • Ending a tenancy without following the correct procedure, such as ending it verbally

    Serious offences will incur much heavier civil financial penalties of up to £40,000. These can include, among others:

    • Misusing possession grounds
    • Unlawful eviction or harassment of a tenant
    • Advertising or reletting a property within the protected first 12 months of a tenancy when using the grounds of selling or moving back into the property
    • Serious safety failures or failures to meet mandatory regulations
    • Providing false or misleading information to the Private Rented Sector Database
    • Making continued or repeat breaches

    Local councils will be responsible for investigating breaches and applying the penalties. Not just applicable to landlords, fines issued under the Renters’ Rights Act can also be imposed on letting agents or anyone who is acting on a landlord’s behalf, with the exception of a legal representative.

    Under the Renters’ Rights Act, the amount of rent that can be required in advance by landlords will be capped at 1 month. Payment of this can only be accepted once a tenancy agreement has been signed. Any terms within a tenancy agreement that state the rent must be paid in advance of the rent due date will be unenforceable once a tenancy starts.

    These rent in advance restrictions will apply to all assured tenancies in England, with the exception of social housing tenancies and those created to enable local councils to fulfil their homelessness duties.

    The Renters’ Rights Act enhances tenants’ security in numerous ways, providing them with a stable home and improved experience when it comes to private renting. The measures provided under the new system are detailed below.

    • The amount of rent payable in advance is capped. Only 1 month’s rent can be requested and accepted once a tenancy agreement has been signed. This prevents tenants from having to pay beyond their means in order to secure a rental home.
    • There are no fixed-term tenancies. With no end date to the contract, tenants have more stability and security. They no longer need to worry about being evicted at short notice through no fault of their own. This also gives them more flexibility if wishing to move home as they can give 2 months’ notice at any time.
    • The first 12 months of a tenancy are protected. If a landlord wants to sell the property, move into it or has a close relative who wishes to move into it, they cannot do so within the first 12 months of a tenancy.
    • Rent increases are restricted. Tenants no longer need to worry about continuous rent increases at exorbitant amounts because under the Renters’ Rights Act, rent increases are restricted to once a year. A rent increase can be no higher than the market value and landlords must serve a Section 13 notice.
    • Tenants have the right to request a pet. Landlords cannot unreasonably refuse a tenant’s request to keep a pet in the property.
    • The rent arrears threshold has increased. To protect tenants who temporarily fall into arrears, the mandatory threshold for eviction is set at 3 months’ arrears, which is an increase from 2 months.
    • Section 21 ‘no fault’ evictions are abolished. Under the reforms, tenants are protected against ‘no fault’ evictions. Instead of Section 21 notices, landlords can only serve Section 8 notices, giving reasonable, evidence-based grounds for possession.

    Notice periods have been extended. Increased notice of possession must be given in many cases. This gives tenants longer to find somewhere else to live.

    With the current fixed-term assured shorthold tenancies that are used, tenants have no choice but to pay rent for substandard properties and they have little flexibility to move should their circumstances change, such as starting a new job in a different area or their relationship breaking down.

    Once the reforms have come into force on 1st May 2026, all tenancies will change to rolling tenancies. With no fixed end date, these periodic tenancies will allow tenants to remain in their homes until such time as they wish to end their tenancy. To do this, they need to give their landlord 2 months’ notice. The end date of the tenancy must correspond with the end of a rent period.

    Yes, landlords can still increase rents after 1st May 2026 but stricter limitations will be in place for this. Under the Renters’ Rights Act, rent increases will be permitted once per year and the increase must be in line with market prices. It will no longer be permitted to have rent review clauses in tenancy agreements. These measures will protect tenants in the private rental sector against unfair or abrupt rent increases.

    To increase the rent, a landlord must serve a statutory Section 13 notice, giving the tenant 2 months’ notice of the proposed increase. If the tenant accepts the increase, they simply pay the new amount on the day that it’s due. If they disagree with the proposed increase, believing it to be above the market rate, they have the right to challenge it.

    To dispute a proposed rent increase, a tenant can apply to the First-tier Tribunal before the starting date of this new rent amount. They need to notify their landlord that they are going to do this.

    From 1st May 2026, landlords will be unable to ask for more than 1 month’s rent in advance and accept it before a tenancy agreement has been signed. They will also be unable to request that future rent payments be made early. This has raised concerns for tenants who actually benefit from being able to pay multiple months’ rent in advance. For example, some tenants may struggle to pass the affordability checks, while others may have a poor credit history. These issues may prevent them from being accepted by landlords, especially when landlords are likely to do more due diligence once the reforms come into force.

    To address this, the government has made it clear that landlords must consider tenants’ individual circumstances when rental conditions are being negotiated. Therefore, while a landlord cannot request more than 1 month’s rent in advance, accept it before the signing of a tenancy agreement or ask for future rent payments to be made early, a tenant can voluntarily choose to pay large sums of rent upfront.

    The Renters’ Rights Act eviction grounds will see the removal of Section 21 ‘no fault’ evictions. These currently allow landlords to give 2 months’ notice on an assured shorthold tenancy without needing to give a reason for the eviction and without the tenant having to be at fault.

    From 1st May 2026, landlords will only be able to seek grounds for possession via an evidence-based process. A Section 8 notice will need to be served, using specific, legal grounds for possession. Where a landlord wishes to sell a property or move into it themselves, they cannot do this within the first 12 months of a tenancy. The notice period for many grounds of possession has increased, such as 4 months for a landlord wanting to sell or move into their property. This gives tenants more time to find somewhere else to live.

    Some grounds for possession will be considered mandatory by the courts, while others will be granted on a discretionary basis. Examples of mandatory grounds include, among others, serious rent arrears, serious anti-social or criminal behaviour, selling the property or the landlord or a close relative of theirs needing to move into the property. Examples of discretionary grounds include damage caused to the property, a breach of the tenancy agreement or anti-social behaviour.

    Changes for rent arrears

    Regarding possession for rent arrears, the mandatory threshold will increase under the Act. Tenants must be 3 months in arrears to qualify for eviction grounds, which is an increase from 2 months. The notice period will also increase from 2 to 4 weeks. These measures will help to protect tenants who temporarily fall into arrears, allowing them slightly longer to repay these arrears.

    Restrictions on gaining possession

    Landlords will be unable to gain possession of their properties if they have not registered on the Private Rented Sector Database or properly protected a tenant’s deposit. These restrictions will not apply where the grounds for possession are anti-social behaviour.

    Awaab’s Law was introduced and applied to the social housing sector after 2-year-old Awaab Ishak died because of prolonged exposure to mould in the social rented property he lived in. The law forces landlords to investigate and fix hazardous conditions, such as damp and mould, within a specific time frame. This law is now being extended to the private rented sector under the Renters’ Rights Act.

    It will give private tenants in England the right to complain about hazardous conditions in their homes. Measures will be in place to ensure that landlords take swift action to address these hazards within a certain time period. Should landlords fail to comply, tenants will be able to seek redress through the courts or escalate the issue via the new Private Rented Sector Landlord Ombudsman.

    As yet, the details of how Awaab’s Law is to be applied to the private sector are still to be finalised. The introduction of this law under the Act is set for phase three, the commencement date of which is yet to be decided.

    Yes, it will be mandatory for landlords to sign up to the new Private Rented Sector Landlord Ombudsman service. This will be introduced in phase two of the Renters’ Rights Act. Landlords will be required to pay an annual membership fee and this is expected to be required for each property owned in the private rented sector.

    This free service for tenants enables them to complain about a landlord’s actions or behaviour. The ombudsman service will provide a binding resolution of the issue, having settled it in a fair and impartial way. Landlords will have to comply with any decisions made by the Ombudsman. If they don’t, they risk being expelled from the scheme and subject to enforcement action by the local council.

    Yes, it will be a legal requirement for all private landlords in England to register themselves and their properties on the new Private Rented Sector Database. This will be introduced during phase two of the Renters’ Rights Act in late 2026. The online database will include landlords’ contact information, property details and safety compliance records. A fee will be charged for registration.

    The PRS Database aims to increase transparency in the private rented sector. Landlords can show their compliance with legal requirements, while tenants can make an informed decision before taking up tenancy of a property.

    There will be severe consequences for landlords who fail to register on the database. For example, if a landlord advertises or lets a property without it being registered on the database, they can be liable for a civil penalty of up to £7,000. If the requirement is repeatedly breached or a serious offence is committed, such as providing fraudulent information, they may either be subject to a civil penalty of up to £40,000 or criminal prosecution.

    Yes, all private rented properties in England will have to meet the Decent Homes Standard (DHS). This will be introduced to the private sector during phase three of the Renters’ Rights Act and will serve to ensure that tenants benefit from having safe and secure homes that are of a decent standard. Rental properties will need to be safe, free from serious hazards, such as damp, faulty wiring or poor insulation, well-maintained and compliant with Awaab’s Law.

    If a property doesn’t meet the DHS requirements, enforcement measures will be undertaken by the local council. An improvement notice may be served, for example, giving a deadline for the issue to be resolved. If the matter isn’t dealt with, the council may issue a civil penalty against the landlord or choose criminal prosecution. A rent repayment order can also be requested by either the tenants or the local council via the First-tier Tribunal.

    Rent repayment orders will be significantly strengthened under the Renters’ Rights Act, as detailed below.

    • They will apply to new offences in the Act to ensure compliance with the new system.
    • They will be extended to superior landlords and company directors.
    • The maximum penalty will double so that landlords can be held liable to repay 24 months’ rent instead of 12.
    • The application time for a rent repayment order will double, extending from 12 to 24 months.
    • The list of offences that qualify for a rent repayment order will expand. These offences will include, among others, breaches of the PRS Database, knowingly or recklessly misusing a possession ground or continued breaches after the imposition of a financial penalty.
    • Where enforcement action has previously been taken against a landlord and they commit the same offence again, they will be liable to pay the maximum rent repayment order amount.

    Where a landlord has committed licensing offences or other relevant offences across the Act and been convicted or received a financial penalty, they will be subject to payment of the maximum rent repayment order amount.

    No, fixed-term tenancy agreements will no longer apply under the Renters’ Rights Act. Instead, periodic or rolling tenancies will be in place, meaning they have no fixed end date. This gives tenants more stability and landlords will no longer be able to issue Section 21 ‘no fault’ evictions. Instead, they can only use specific grounds for possession and must serve a Section 8 notice.

    In contrast, a tenant will be able to give their landlord 2 months’ notice at any time with a periodic tenancy, giving them more freedom. This reform prevents tenants from being stuck in homes that have poor and potentially hazardous conditions. It also gives them more flexibility if their circumstances change and they wish to move home, having previously been unable to move until the end of the contract.

    If a landlord is found to be offering a fixed-term tenancy after the new system is in place, they can be subject to a civil penalty of up to £7,000.

    No, the current rules that apply to tenants’ deposits will remain in place. This means that payment of a deposit before a tenancy commences will still be allowed. Deposits are currently capped at 5 weeks’ rent unless the annual rent exceeds £50,000, in which case a deposit of 6 weeks’ rent applies. These amounts are, so far, to remain the same. Deposits must still be safeguarded in an approved tenancy deposit protection scheme. This must be done within 30 days of receipt, either by a landlord or their letting agent.

    Under the Act, in cases where tenants have pets, landlords cannot request a larger deposit. The government has stipulated that a standard deposit will be considered adequate to cover any pet-related damage. Should any damage caused by pets cost more than the deposit to rectify, a landlord can recoup the additional funds needed by taking their tenant to court.

    What our clients say