The Renters' Rights Act 2025

What are the main changes?

The Renters’ Rights Act 2025 introduces the biggest changes to the private rented sector in England for more than 30 years. The legislation is designed to improve standards and provide greater security for tenants, while establishing clearer responsibilities for landlords and letting agents.

The first phase of the changes came into force on 1 May 2026, bringing significant changes to tenancy agreements, rent increases, possession procedures and the way landlords manage their properties.

Further changes are being introduced in phases, including the new Private Rented Sector (PRS) Database and the proposed Landlord Ombudsman scheme.

For landlords, understanding these changes is essential. The new legislation introduces additional legal obligations, and failing to comply could result in financial penalties, difficulties recovering possession of a property or other enforcement action.

At Benburys, we understand that keeping up with changing legislation can be challenging. We have put together this guide to explain the main changes, what they mean for landlords in practice and the steps you may need to take to ensure your properties and tenancies remain compliant.

We will continue to update this guide as further details and Government guidance become available.

Please note: This guide relates to privately rented properties in England and is intended as a general overview, not legal advice. Landlords should always refer to the latest legislation and official Government guidance for their individual circumstances.

Phase 1 - From 1st May 2026:

Abolition of Section 21 notices – no more 'no-fault' evictions

From 1 May 2026, landlords in England can no longer use Section 21 notices to regain possession of their rental properties. This marks a significant change to the way landlords can end a tenancy.

Previously, a Section 21 notice allowed a landlord to seek possession of a property without having to provide a specific reason, provided the correct legal procedures had been followed. This was commonly referred to as a 'no-fault' eviction.

Under the Renters’ Rights Act 2025, landlords must now rely on one or more of the legal grounds for possession set out in Section 8 of the Housing Act 1988.

These grounds cover specific circumstances in which a landlord may legitimately need to regain possession, including serious rent arrears, anti-social behaviour, wishing to sell the property or wanting to move into it themselves.

What does this mean for landlords?

Landlords will need to have a valid legal reason for seeking possession and must use the correct procedure. The appropriate Section 8 notice must be served, giving the tenant the required notice period and clearly explaining the grounds being relied upon.

If the tenant does not leave by the end of the notice period, the landlord will generally need to apply to the court for a possession order and provide evidence to support the grounds for possession.

It is therefore more important than ever for landlords to keep accurate records, maintain clear communication with tenants and seek professional advice before taking steps to recover possession. 

What are the new grounds for possession?

The Renters’ Rights Act introduces revised grounds for possession under Section 8 of the Housing Act 1988. These allow landlords to regain possession in specific circumstances, provided the relevant legal requirements are met.

Examples include:

• Selling the property: Where a landlord genuinely intends to sell their rental property.

• Moving into the property: Where the landlord or certain close family members intend to occupy the property as their home.

• Rent arrears: Where the tenant has fallen sufficiently behind with their rent to meet the relevant possession ground.

• Anti-social behaviour: Where a tenant has engaged in serious anti-social behaviour or other qualifying conduct.

• Breach of tenancy: Where a tenant has breached certain terms of their tenancy agreement.

Some grounds are mandatory, meaning the court must grant possession if the ground is established. Others are discretionary, meaning the court must also consider whether it is reasonable to grant possession.

The notice period and evidence required will depend on the ground being used.

Can I still sell my property or move back into it?

Yes. The legislation does not prevent landlords from selling their properties or moving back into them.

However, landlords must use the appropriate possession ground and follow the correct procedure.

For example, where a landlord wishes to sell their property, Ground 1A may apply. Where a landlord or a qualifying family member wishes to move into the property, Ground 1 may apply.

There are restrictions on when these grounds can be used. In particular, they cannot be used to obtain possession within the first 12 months of a new tenancy, and landlords must comply with the applicable notice requirements.

Can I re-let my property if I cannot sell it?

If you regain possession using Ground 1A because you genuinely intend to sell the property, you will generally be restricted from marketing or re-letting it for a period of 12 months from the date the notice was given or the court application was made, whichever is earlier.

There are limited exceptions, but landlords should not use this ground unless they genuinely intend to sell.

The restrictions are intended to prevent landlords from using the sale ground to remove tenants simply to re-let the property at a higher rent or to someone else.

What happens if my tenant does not leave after a Section 8 notice?

Serving a Section 8 notice does not automatically end the tenancy or give a landlord the right to take back possession.

If the tenant remains in the property after the notice period expires, the landlord will generally need to apply to the court for a possession order.

The landlord must provide evidence to demonstrate that the relevant possession ground applies. The court will consider the claim and decide whether to grant possession.

Landlords must not attempt to remove tenants themselves, change the locks or otherwise take possession without following the lawful process.

What happened to Section 21 notices issued before 1 May 2026?

There were transitional arrangements for landlords who had served valid Section 21 or Section 8 notices before the new legislation came into force.

However, the final date for applying to the court using these old notices was 31 July 2026.

As this deadline has now passed, landlords who did not begin possession proceedings in time can no longer rely on those notices. They will generally need to start the possession process again using the new grounds and procedures introduced by the Renters’ Rights Act.

If you have an existing possession claim that was started by 31 July 2026, the transitional arrangements may still apply to your case.

Our advice to landlords

The new possession procedures make it increasingly important to ensure that tenancy records, rent statements, compliance documents and correspondence with tenants are properly maintained.

At Benburys, we can help landlords understand their responsibilities, manage their tenancies and navigate the changing requirements of the private rented sector. If you are considering selling your property, moving back into it or experiencing difficulties with a tenant, we recommend speaking to us before taking any action.

Useful official links:

• Government guidance – Repossessing your privately rented property after 1 May 2026

• Government overview of the Renters’ Rights Act for landlords

• Government guidance – Notices served before 1 May 2026

No more fixed-term tenancies

From 1 May 2026, fixed-term assured shorthold tenancies (ASTs) were abolished in England and replaced by assured periodic tenancies.

This means landlords can no longer grant traditional six-month or twelve-month fixed-term assured tenancies. Instead, tenancies operate on a rolling basis, usually monthly, and continue until the tenant gives notice, the landlord lawfully regains possession or both parties agree to end the tenancy.

Importantly, this change applies to both new and existing tenancies. Any existing fixed-term tenancy automatically became an assured periodic tenancy on 1 May 2026. The original fixed-term end date no longer applies.

What does this mean for landlords with existing tenancy agreements?

Landlords do not need to end existing tenancies or automatically issue completely new tenancy agreements because of this change.

However, landlords who already had a written tenancy agreement were required to provide their tenants with the Government's Renters' Rights Act Information Sheet by 31 May 2026.

Where a tenancy was agreed verbally, landlords were required to provide written information setting out the key terms of the tenancy by the same deadline.

Landlords should check that they have met these requirements and retain evidence that the relevant information has been provided.

Can I still offer a 6 or 12-month tenancy agreement?

You can agree an initial arrangement with a tenant, but you cannot create a fixed-term assured tenancy with a legally binding end date.

All assured periodic tenancies must operate on a rolling basis, with rent periods generally being weekly or monthly. Any provision in an agreement that attempts to impose a fixed end date will not have effect.

This does not mean a tenant has to remain in the property indefinitely. Tenants can choose to end their tenancy by giving the required notice, while landlords can seek possession where a valid legal ground applies.

How much notice must a tenant give to end a tenancy?

Under the new rules, tenants will generally need to give their landlord at least two months’ written notice to end an assured periodic tenancy.

However, where a shorter notice period (such as one month) was agreed under a tenancy that began before 1 May 2026, the tenant can continue to give notice in accordance with that agreed period.

The notice must normally end on the appropriate date in the rental period. Landlords and tenants can agree in writing to a shorter notice period.

This means landlords should be prepared for tenants to leave without having to wait until the end of a traditional six or twelve-month agreement.

Can I ask a tenant to sign a new fixed-term agreement if they want to stay?

No. Landlords cannot enter into a new fixed-term assured tenancy under the new system.

If a tenant wishes to remain in the property, the tenancy simply continues as an assured periodic tenancy. There is no requirement to sign a new agreement just because an existing fixed term has come to an end.

Landlords should also review their existing tenancy documentation to ensure that any references to fixed terms, fixed end dates or automatic renewals are consistent with the new legislation.

What landlords need to remember

• All existing assured shorthold tenancies became assured periodic tenancies on 1 May 2026.

• New assured tenancies must operate on a rolling basis rather than having a fixed end date.

• Existing written tenancy agreements did not need to be replaced, but the Government's Information Sheet had to be provided by 31 May 2026.

• Tenants can generally end their tenancy by giving two months' written notice.

• Landlords must use the appropriate legal grounds and procedures if they wish to regain possession.

The removal of fixed-term tenancies means landlords need to plan ahead, particularly when managing vacant periods, arranging property sales and considering future rental income.

Useful official links:

• Assured periodic tenancies – Government guide for landlords

• Rules for tenancies that started before 1 May 2026

• Renters' Rights Act – overview for landlords

Rent increase limits – new rules for landlords

The Renters’ Rights Act 2025 introduces new restrictions on how and when landlords can increase rent.

From 1 May 2026, landlords can generally increase rent only once every 12 months, and cannot increase the rent during the first 12 months of a tenancy.

All rent increases must follow the statutory Section 13 procedure. This means landlords must use the prescribed Form 4A and give their tenants at least two months' notice of a proposed increase.

The amount of rent proposed must reflect the open market rental value of the property. Landlords will no longer be able to use rent review clauses in tenancy agreements as an alternative method of increasing rent.

How do I increase the rent under the new rules?

If you wish to increase the rent, you must:

• Consider the current market rental value of the property and the rents being achieved for comparable properties in the local area.

• Discuss the proposed increase with your tenant where possible.

• Complete the prescribed Form 4A – Landlord's Notice Proposing a New Rent.

• Give your tenant at least two months' notice before the proposed increase takes effect.

• Ensure the new rent takes effect at the beginning of a rental period and that at least 52 weeks have passed since the tenancy began or the previous increase took effect.

You must follow this procedure each time you increase the rent, even if the tenant has already agreed to the proposed amount.

Can I increase the rent by more than the local market rate?

No. The new rules are designed to prevent landlords from using rent increases to force tenants out of their properties.

The proposed rent must reflect what the property could reasonably achieve if it were advertised to let on the open market.

Landlords should therefore keep evidence of comparable rental properties in the area when considering an increase. This may include recently advertised properties, local letting agent advice and rental values achieved for similar properties.

What happens if my tenant disagrees with the proposed increase?

If a tenant believes the proposed rent is above the open market rental value, they can refer the proposed increase to the First-tier Tribunal (Property Chamber) for a decision.

The Tribunal will consider the rental value of the property and determine the appropriate rent.

Importantly, the Tribunal cannot set the rent higher than the amount proposed by the landlord in the rent increase notice. However, it can set a lower rent if it considers the proposed or current amount to be above the property's open-market rental value.

To determine the appropriate rent, the Tribunal will consider evidence provided by both the landlord and tenant, including rents charged for comparable properties in the local area. If the Tribunal determines that the property's open-market rent is lower than the proposed increase, it can set the rent at that lower level.

Landlords should be aware that a tenant has the right to challenge a proposed increase and should not treat a refusal to agree as grounds for possession.

Can I still agree a rent increase informally with my tenant?

You can discuss and negotiate a proposed increase with your tenant, and reaching an agreement beforehand can help avoid disputes.

However, where the new statutory rules apply, you must still follow the Section 13 procedure and serve the prescribed Form 4A notice. An informal agreement or a rent review clause in the tenancy agreement is not a substitute for the statutory process.

Can I still use a rent review clause in my tenancy agreement?

No, not as a way of increasing rent outside the statutory procedure.

From 1 May 2026, landlords must use the Section 13 process for rent increases covered by the new rules, even if the existing tenancy agreement contains a rent review clause.

What happens if I increased the rent before 1 May 2026?

The transitional arrangements mean that previous rent increases still count when calculating when the next increase can take place.

For example, if a rent increase took effect on 1 February 2026, the next increase cannot normally take effect until at least 1 February 2027.

Any rent increase agreed under an old rent review clause before 1 May 2026 but due to take effect after that date will not apply under the new rules.

Can I increase the rent if I have carried out improvements to the property?

You can take improvements into account when assessing the property's open market rental value. However, you must still follow the Section 13 procedure, and the proposed rent must reflect the amount the property could reasonably achieve on the open market.

You cannot simply add the cost of improvements to the existing rent or impose an additional increase outside the statutory process.

Useful official links:

• Government guidance – Rent increases for landlords

• Citizens Advice – Rent increase rules

Renting with pets

The Renters’ Rights Act 2025 gives tenants the right to request permission to keep a pet in their rented home. Landlords must consider each request individually and cannot unreasonably refuse consent.

The rules came into force on 1 May 2026 and apply to assured tenancies in England. A tenant must make their request in writing and include a description of the pet. This should provide enough information for you to assess the request, such as the type, size and number of animals.

As a landlord, you must respond in writing within 28 days of receiving the request. If you reasonably need further information, you should ask for it within that initial 28-day period. Once the tenant provides the information, you have until the later of the original deadline or seven days after receiving the information to give your decision.

You should keep a record of the request, any questions you ask and your written response.

Can I refuse a tenant's request to keep a pet?

You can refuse a request where you have a reasonable justification, but a blanket refusal or a general preference not to allow pets is unlikely to be sufficient.

Examples of circumstances where refusal may be reasonable include:

• The property is too small or unsuitable for the type or number of pets requested.

• Someone living at the property has an allergy that would be affected.

• The animal is illegal to keep.

• The terms of your agreement with a superior landlord prohibit pets, or the required consent has not been obtained despite reasonable steps to secure it.

You should assess the circumstances of each request and explain your reasons in writing if you refuse. A tenant may challenge a refusal they believe is unreasonable, including through court proceedings.

What if my tenant already has a pet?

Tenants should still seek permission in writing before keeping a pet at the property. If a tenant keeps an animal without permission, they may be breaching their tenancy agreement.

You should discuss the situation with the tenant and consider any request in line with the new rules. Avoid relying solely on a previous blanket restriction in the tenancy agreement when deciding whether to grant permission.

Can I charge an extra deposit or require pet insurance?

You cannot ask a tenant to pay an additional pet deposit or a specific fee simply for keeping a pet. The Renters’ Rights Act did not introduce a general right for landlords to require tenants to take out pet insurance as a condition of consent.

You can, however, use the tenancy deposit to cover evidenced damage caused by a pet, subject to the usual deposit rules. If the cost of damage exceeds the deposit, you may be able to pursue the tenant separately. You must not recover the same loss twice through both an insurance claim and a deposit deduction.

What can I do if a pet damages my property?

Tenants remain responsible for damage caused by their pets. If damage occurs, raise it with the tenant promptly and agree how it will be put right.

Good check-in and check-out reports, dated photographs and records of any repairs are important evidence if you need to make a deposit claim or pursue the cost of damage.

If a pet causes serious damage or ongoing problems, you may need to consider the relevant tenancy breach or possession grounds. Take advice before taking formal action, as the circumstances and evidence will matter. 

Rental discrimination

The Renters’ Rights Act 2025 makes it unlawful for landlords and letting agents to discriminate against prospective or existing tenants because they have children or receive benefits. The rules have applied since 1 May 2026 and cover anyone acting on a landlord’s behalf, including letting agents and referencing companies.

What landlords must not do

You must not:

• Refuse an applicant simply because they receive Universal Credit, Housing Benefit or another qualifying benefit.

• Advertise a property as unsuitable for families or state that children are not permitted, unless a specific legal exception applies.

• Prevent someone from viewing a property or withhold information about its availability because they have children or receive benefits.

• Use a referencing process or affordability test that excludes benefit income.

• Treat an existing tenant less favourably because they start claiming benefits or have a child during the tenancy.

Any tenancy agreement, mortgage or superior lease provision that prohibits tenants from receiving benefits or having children will generally be unenforceable under the new rules.

Can landlords still carry out affordability checks?

Yes. You can still assess whether an applicant can afford the rent and meet your usual referencing requirements. However, you must apply the same criteria to every applicant and take account of all sources of income, including benefits and pensions.

For example, if you require applicants to demonstrate an income of a certain amount, you must count qualifying benefit income in the same way as employment income. You should not reject an applicant simply because their income comes from benefits rather than a salary.

Can I still ask for a guarantor? 

The Renters’ Rights Act does not prevent landlords from asking prospective tenants to provide a guarantor. Landlords can continue to use guarantors as part of their affordability and referencing checks where appropriate. However, they must not automatically require a guarantor solely because an applicant receives benefits or has children. Any decision to request a guarantor should be based on objective affordability and referencing criteria, applied consistently to all applicants. Income from benefits must also be taken into account in the same way as other income.

Are there any exceptions?

There are limited circumstances in which restrictions relating to children may be justified. For example, a property may be genuinely unsuitable because of its size, overcrowding restrictions, safeguarding concerns or specific licensing requirements.

Any restriction must be a proportionate means of achieving a legitimate aim. This means you need to be able to explain why the restriction is necessary and why a less restrictive approach would not achieve the same purpose.

There is no equivalent general exception for benefit claimants. A narrow transitional exception may apply where an existing insurance policy, taken out before 1 May 2026, specifically prohibits benefit claimants from occupying the property. This exception ends when the policy expires or is renewed.

What are the penalties for discrimination?

Local authorities are responsible for enforcing the new rules. If a council finds that a landlord or someone acting on their behalf has breached the requirements, it can impose a financial penalty of up to £7,000 for an offence.

Further penalties may apply where a breach continues or the same type of offence is repeated. Landlords can also face complaints through relevant redress schemes or legal action.

Practical steps for landlords

Review your property advertisements, tenancy agreements, referencing procedures and instructions to letting agents. Make sure any affordability criteria are applied consistently and include all relevant income sources. Keep clear records of decisions and the reasons for accepting or rejecting applicants.

The safest approach is to assess every applicant on their individual circumstances, affordability and suitability rather than making assumptions based on family circumstances or benefit status.

Useful official links: 

• GOV.UK – Rental discrimination: a guide for landlords

• If someone who gets benefits wants to rent your property

• If someone who has children wants to rent your property

Banning rental bidding wars

The Renters’ Rights Act 2025 makes rental bidding unlawful. Landlords and letting agents must advertise properties at a specific asking rent and cannot encourage or accept offers above that amount.

What landlords must do

When advertising a property in writing, you must:

• State the proposed rent as a specific amount.

• Use the same advertised rent across your marketing and written offers.

• Ensure that anyone acting on your behalf, including your letting agent, follows the rules.

You cannot advertise a rent range, such as £1,200–£1,300 per month, and invite applicants to bid within or above that range.

What landlords must not do

Once a property has been advertised, you must not:

• Ask prospective tenants to offer more than the advertised rent.

• Encourage applicants to increase their offer by telling them other people have offered more.

• Suggest that applicants submit their ‘best and final’ offer above the asking rent.

• Accept an offer above the advertised rent, even if the prospective tenant makes the offer without being asked.

The rules apply to written advertisements and offers, including online property listings, printed adverts, social media posts, emails and text messages. A simple ‘To Let’ sign outside the property does not need to state the rent.

Can I accept a higher offer if a tenant makes it voluntarily?

No. Even if a prospective tenant independently offers to pay more, you cannot accept that offer. You must proceed on the basis of the advertised rent.

You can still choose between applicants using consistent and objective criteria, such as affordability, referencing and suitability. You should not use the level of rent offered as a way of deciding between applicants.

What are the penalties for rental bidding?

Local authorities are responsible for enforcing the rules. A landlord or letting agent found to have breached them can receive a financial penalty of up to £7,000 for a first offence.

Further penalties can apply for repeated breaches of the same type within five years. A separate breach can attract a further penalty, and the total financial consequences can therefore be significant.

Practical steps for landlords

Set a realistic asking rent before advertising your property, based on comparable local properties and current market conditions. Check that all advertisements and communications state the same specific amount, and make sure your letting agent understands that higher offers cannot be invited or accepted.

Keep copies of advertisements and written communications so you have a clear record of the rent at which the property was marketed.

Useful official link:

• GOV.UK – Rental bidding: a guide for landlords 

Banning rent in advance

The Renters’ Rights Act 2025 places restrictions on landlords and letting agents requesting rent in advance. These rules apply to assured periodic tenancies entered into on or after 1 May 2026.

Before the tenancy agreement is signed

You must not ask for, encourage or accept any rent payment before both the landlord (or their letting agent) and the tenant have signed the tenancy agreement.

This applies even if a prospective tenant voluntarily offers to pay several months’ rent upfront. You cannot accept that payment before the agreement has been signed.

You can still request permitted payments, such as a holding deposit or tenancy deposit, in accordance with the Tenant Fees Act 2019.

After signing but before the tenancy starts

Once the tenancy agreement has been signed, you can request an initial rent payment before the tenant moves in, subject to limits:

• For a tenant paying monthly, you can request up to one month's rent.

• For a tenant paying weekly or more frequently, you can request up to 28 days' rent.

You cannot require several months' rent in advance as a condition of granting the tenancy.

Once the tenancy has started

Rent must be paid on the agreed rent due date. You cannot require tenants to pay rent earlier than this, even if the tenancy agreement contains a clause requiring payment in advance.

Tenants remain free to choose to pay rent early or make voluntary advance payments if they wish, but you cannot insist on this.

Can I still request several months' rent from a tenant who fails referencing?

No. You cannot use a request for additional rent in advance as an alternative to meeting your usual referencing or affordability requirements.

You can still assess an applicant's financial circumstances using consistent and lawful affordability checks. However, you must comply with the restrictions on rent payments regardless of the applicant's circumstances.

What happens if a landlord breaches the rules?

Local authorities can investigate breaches and impose financial penalties. A first breach can result in a penalty of up to £5,000. A repeat breach of the same type within five years can result in prosecution or a financial penalty of up to £30,000.

Authorities may also require the landlord or agent to repay prohibited rent payments to the tenant.

Practical steps for landlords

Review your tenancy application and referencing procedures, standard tenancy agreements and payment instructions to make sure they comply with the new rules.

Ensure your letting agent understands when rent can be requested and how much can be collected before the tenancy begins. In particular, remove any standard requests for several months' rent upfront and check that tenancy agreements do not require rent to be paid before its agreed due date.

Phase 2 - From December 2026: 

The Private Rented Sector Database

The Renters’ Rights Act 2025 introduces a national Private Rented Sector (PRS) Database now known as the "Register my rental property" service. It is designed to give local authorities better information about privately rented properties and the people responsible for them, while helping landlords understand and demonstrate compliance with their legal obligations.

Who needs to register?

Most private landlords in England who let properties under assured or regulated tenancies must register themselves and each property they rent out.

This includes:

• Individual landlords who own and let property.

• Joint landlords, including people who jointly own a rental property and are entitled to possession of it.

• Companies, charities, trusts and other organisations that act as landlords.

• Landlords with properties managed by a letting agent or property manager.

There is a limited exemption for certain supported exempt accommodation.

When do landlords need to register?

Registration is being introduced regionally from 15 December 2026. Each region has a three-month registration period, and landlords must register their properties by the end of the relevant period.

The published timetable is:

During the rollout, landlords only need to register properties that are occupied under a qualifying tenancy, or become occupied during the rollout period. The government intends to extend the requirements to vacant properties before they can be marketed or advertised in the future.

What information will landlords need to provide?

Landlords will need to create an account through the GOV.UK registration service and provide personal or organisational details.

For each rental property, the required information will include details such as:

• The full property address and number of bedrooms.

• The property's occupancy and rental status.

• Details of the tenancy, including rent and relevant occupancy information.

• Contact details for any managing agent, superior landlord or freeholder.

• Relevant property licences, including HMO or selective licences where applicable.

• Gas safety certificate information, where the property has gas.

• Electrical safety documentation.

• Energy Performance Certificate (EPC) information.

Landlords can submit the information and supporting documents when registering or provide outstanding information within 28 days. If the required information is not supplied within that period, the property registration may be deactivated.

Can a letting agent register a property on a landlord's behalf?

Landlords must start the registration process themselves and remain legally responsible for registering their properties and paying the fees.

However, they can authorise their letting or managing agent to provide certain property and tenancy information through the service. This can include rent details, occupancy information, licensing details and compliance certificates.

Using an agent in this way does not transfer the landlord's legal responsibility. Landlords should agree clearly with their agent who will provide the information, check its accuracy and keep it updated.

How much will registration cost?

The annual registration fee is £65 per property. There is no separate fee for registering as a landlord.

The fee is payable when each property is registered and must be renewed annually. During the initial regional rollout, the first payment will be adjusted to reflect the remaining period before the full annual charging cycle begins.

The fee is not subject to VAT and is tax-deductible in accordance with the relevant HMRC rules.

Will landlords need to renew or update their registration?

Yes. Registrations must be renewed annually.

Landlords must also keep their information accurate and update the database within 28 days of relevant changes. This includes changes to contact details, property occupancy, rent and the expiry or replacement of safety certificates.

Keeping a record of renewal dates and certificate expiry dates will help landlords avoid accidental non-compliance.

Will the information be publicly available?

The database is intended to improve transparency for tenants and help local authorities identify properties and landlords that may not be complying with their legal responsibilities.

At the initial launch, landlord and property information will not be shared publicly. The government may make some information available to the public in the future, with further details to be confirmed.

What happens if a landlord does not register?

Failure to register a landlord or property, or to comply with the database requirements, can have serious consequences.

Local authorities can impose financial penalties, including:

• Up to £7,000 for failing to comply with registration requirements.

• Up to £40,000 for more serious or repeated breaches, including knowingly or recklessly providing false or misleading information.

A landlord who has not complied with the registration requirements may also face restrictions on obtaining a possession order, subject to specific exceptions under the legislation.

What should landlords do now?

Although registration is being phased in, landlords should start preparing their information and documentation in advance.

We recommend checking that you have accurate landlord and ownership details, up-to-date safety certificates, EPC information, property licence details and current tenancy information for every rental property.

If you use a letting or managing agent, discuss how the registration process will be handled and agree who will provide and maintain the relevant information.

Being organised ahead of your regional registration period should make the process much easier and help avoid unnecessary delays or penalties.

Useful official links:

• Register your rental property – guidance for landlords

• Government information on preparing for registration

The Private Rented Sector Landlord Ombudsman

The Renters’ Rights Act 2025 introduces a new Private Rented Sector Landlord Ombudsman. The scheme will provide tenants with a free and independent way to raise complaints about their landlord, without necessarily having to take the matter to court.

Once fully implemented, membership will be mandatory for private landlords in England with qualifying assured or regulated tenancies, including landlords who use a letting or managing agent.

When will landlords need to join?

The government expects mandatory membership to begin in 2028, although the exact start date has not yet been confirmed.

Regulations establishing the framework for the scheme came into force on 17 September 2026. However, these do not require landlords to join immediately. Further regulations will set out when membership becomes compulsory, and landlords will be given notice before they need to register.

The government's intention is for the Housing Ombudsman Service to operate the new scheme.

What complaints will the Ombudsman deal with?

The service will provide tenants with an independent route to complain about their landlord's actions or behaviour. This could include matters such as:

• Poor communication or failure to respond to reasonable requests.

• Unreasonable delays in dealing with repairs and maintenance.

• Failure to meet obligations under the tenancy agreement.

• Inappropriate conduct or failure to follow the correct procedures.

• Disputes about how a landlord has handled a complaint.

The Ombudsman will be able to investigate complaints and make decisions that landlords must comply with.

What powers will the Ombudsman have?

The scheme will be able to require landlords to take action to resolve complaints. Depending on the circumstances, this could include:

• Providing an explanation or written apology.

• Taking remedial action to put a problem right.

• Providing information or documents.

• Paying compensation to the tenant.

The service is intended to offer a quicker and less costly alternative to court proceedings for complaints within its remit.

Will landlords have to pay to join?

Yes. The scheme will be funded by landlords through a fair and proportionate membership charging model. The final membership fee and payment arrangements have not yet been confirmed.

Does using a letting agent remove the landlord's responsibility?

No. Membership will be a legal requirement for the landlord, even where a letting or managing agent handles the day-to-day management of the property.

Landlords should therefore make sure they understand their responsibilities and have a clear agreement with their agent about how tenant complaints are received, investigated and resolved.

What happens if a landlord does not join?

Once membership becomes compulsory, landlords who fail to join or comply with the scheme's requirements may face enforcement action by their local authority.

Penalties can include:

• Up to £7,000 for an initial breach.

• Up to £40,000 for continuing or repeated breaches, or criminal prosecution.

Tenants may also be able to apply for a rent repayment order in certain circumstances where a landlord persistently fails to comply.

Landlords will also be expected to comply with the Ombudsman's decisions. Failure to do so could result in expulsion from the scheme and further enforcement action.

How can landlords prepare?

Although compulsory membership is not yet in place, landlords can start preparing by reviewing how they handle tenant complaints.

We recommend:

• Keeping clear written records of tenant communications and complaints.

• Acknowledging complaints promptly and responding within a reasonable timeframe.

• Having a documented complaints procedure.

• Keeping records of repairs, inspections and maintenance work.

• Agreeing with your letting agent who is responsible for handling complaints and escalating unresolved issues.

Taking complaints seriously and resolving issues early can help prevent disputes from becoming more formal and costly. 

Useful official links:

• GOV.UK – Guide to the Renters’ Rights Act

• Renters’ Rights Act 2025 – Landlord redress schemes

Phase 3 - Timings still to be confirmed (consultations expected 2035-2037):

Decent Homes Standard and Awaab’s Law

The Renters’ Rights Act 2025 includes plans to extend the Decent Homes Standard and Awaab’s Law to privately rented properties in England.

These reforms form the third phase of the government's implementation programme and are intended to improve housing conditions, reduce health risks and give tenants stronger protection when landlords fail to address serious problems.

What is the Decent Homes Standard?

The Decent Homes Standard currently applies to social housing and sets minimum requirements for the condition and quality of rented homes.

The government intends to introduce a modernised version for the private rented sector. The proposed requirements are intended to ensure that privately rented properties:

• Are free from the most serious health and safety hazards.

• Are in a reasonable state of repair.

• Have reasonably modern facilities and services.

• Provide tenants with suitable living conditions.

The government has consulted on the proposed standard and is considering the responses. The implementation timetable has not yet been confirmed.

What is Awaab’s Law?

Awaab’s Law was introduced following the tragic death of two-year-old Awaab Ishak, whose death was linked to prolonged exposure to mould in his family's social rented home.

The law requires social landlords to investigate and address certain serious hazards within prescribed timeframes.

The government intends to extend similar protections to private rented homes. This will mean landlords could be subject to legally enforceable deadlines for investigating reported hazards and completing the necessary repairs.

The precise requirements and timescales for private landlords will be set out in further regulations.

What hazards could landlords need to address?

The reforms are expected to focus on serious risks to tenants' health and safety, including:

• Damp and mould.

• Excess cold or excessive heat.

• Structural problems and significant hazards.

• Other conditions that present a serious risk to occupants.

Landlords should not wait for the new requirements to take effect before dealing with these issues. Existing housing, repair and safety obligations continue to apply.

When will these changes come into force?

The Decent Homes Standard and Awaab’s Law are part of Phase 3 of the Renters’ Rights Act implementation programme.

The government has previously consulted on a proposed Decent Homes Standard implementation date of either 2035 or 2037, but neither date should be treated as confirmed. The timetable for extending Awaab’s Law to the private rented sector is also still to be confirmed.

Further details will follow after the government has completed its consultations and published the relevant regulations.

How can landlords prepare?

Landlords should review the condition of their properties and take a proactive approach to repairs and maintenance.

We recommend:

• Carrying out regular property inspections and keeping written records.

• Responding promptly to reports of damp, mould, leaks and other hazards.

• Maintaining effective ventilation, heating and insulation.

• Keeping records of repair requests, inspections and completed work.

• Using suitably qualified contractors for relevant repairs and safety work.

• Ensuring tenants know how to report maintenance problems and that those reports are dealt with promptly.

Taking action now can help landlords protect their properties, reduce the risk of disputes and prepare for the higher standards expected in the private rented sector. 

Useful official link:

• Government implementation roadmap for the Renters’ Rights Act 2025 

How Benburys can help landlords

The Renters’ Rights Act 2025 brings significant changes to the way private rental properties are let and managed. Keeping up with new legislation, meeting compliance requirements and managing tenant relationships can be challenging, particularly for landlords with multiple properties.

At Benburys, we understand the importance of protecting your investment while ensuring your responsibilities as a landlord are met.

Whether you are letting a property for the first time or have an established rental portfolio, our experienced team can help with:

• Letting and tenant finding: Marketing your property, finding suitable tenants and managing the referencing process.

• Property management: Handling day-to-day tenancy matters, tenant communications, maintenance and repairs.

• Legislative compliance: Helping you understand your responsibilities and keeping the relevant property documentation up to date.

• Tenancy administration: Supporting you with tenancy agreements, rent reviews, notices and other essential procedures.

• Ongoing advice: Keeping you informed about changes affecting private landlords and helping you plan ahead.

If you are unsure how the Renters’ Rights Act affects your property, or would like support managing your rental investment, speak to the Benburys team.

Contact us today to discuss your property and find out how we can help you let and manage it with confidence.