Legislation of the private rental sector continues to get tougher, and rightly so as tenants have the right to a safe, comfortable home. The introduction of the Renters’ Rights Act in October 2025 will see the biggest change to our industry in over 30 years. The Government have announced that implementation will start from 1st May 2026.
The major changes are summarised below but the full government guidance is available here, and the government's roadmap for implementation is available here:
Landlords must instead use a Section 8 ground for possession – these are specific circumstances in which a landlord can regain possession. These will include provisions for being able to sell the property or to move back in. Notices must be served correctly to be deemed valid. As in the current system, landlords will need to apply to the courts if a tenant does not leave and provide evidence that the ground applies.
What about notices issued before 1 May 2026?
If tenants are given a Section 8 notice before 1 May 2026 – landlords will usually only be able to use the notice to start court proceedings for up to 12 months after the date they gave it to the tenant or until 31 July 2026, whichever is sooner.
If tenants are given a Section 8 notice on or after 1 May 2026 – landlords will usually have up to 12 months after the date they gave it to the tenant to apply to court to evict them.
If tenants are given a Section 21 notice before 1 May 2026 – landlords will usually only be able to use the notice to start court proceedings for up to six months after giving it to tenants or until 31 July 2026 (three months following legislation starting on 1 May 2026), whichever is sooner.
After 31 July 2026 landlords will not usually be able to use a Section 21 notice to start an eviction process - this will apply even if landlords gave the tenant notice less than six months ago.
What happens if these time scales are not met?
If a landlord does not apply to the court in time, the Section 21 notice will become invalid, and the tenancy will be an assured periodic tenancy. Landlords will need to serve a tenant with a new Section 8 notice to evict them and follow the standard possession order process.
Can I re-let my property if I can't sell it?
Landlords will not be able to re-let their property for a period of 12 months if Ground 1A is used with a Section 8 notice to end a tenancy. The intention of this is to ensure that only the landlords who genuinely want to sell their property will use Ground 1A and deter those landlords looking to evict a tenant in order to re-let at a higher rent or to a different tenant from using it.
All tenancies, including any fixed term already in place, will become periodic and can no longer have fixed terms i.e. if the rent is due monthly then the tenancy is a rolling monthly periodic. Tenants will be able to end a tenancy by giving two months’ notice in writing but the landlord will not be able to serve notice on the tenant within the first twelve months unless the tenant has breached the tenancy. The end date of the tenancy will need to align with the end of a rent period.
Issuing a prescribed notice will be the only way to increase the rent and at least two months notice must be given to the tenant. Only one notice will be allowed per calendar year. If the tenant believes it is above market rate, they will be able to challenge the notice free of charge at the First-tier Tribunal (FTT), which will have the power to reduce the rent if the rent is above the market value. Tenants will also have the ability to challenge the amount of rent as being above market rent within the first six months of signing the new tenancy agreement.
Landlords can no longer “unreasonably” refuse permission for the tenant to keep a pet. Landlords will have an initial 28 days to consider their tenant’s request, and they will have to provide valid reasons if they refuse it. The legislation does not set out details on what a reasonable reason would be to refuse a pet. However, guidance from the Government says it may be reasonable to refuse a request in some circumstances, such as:
Another tenant has an allergy.
The property is too small for a large pet or several pets.
The pet is illegal to own.
If the landlord is a leaseholder, and the freeholder does not allow pets.
It will not usually be reasonable to refuse if the landlord:
Does not like pets.
Has had issues with tenants who had pets in the past.
Has had previous tenants with pets who damaged the property.
What would happen if the landlord refused a pet unreasonably?
The tenant could challenge this in court or through the landlord ombudsman, and it may be ordered that the pet is allowed, if reasonable to do so.
Will landlords be able to request a pet deposit?
No, the landlord will not be allowed to request an additional deposit for a pet.
Under the Renters’ Rights Act it is illegal for landlords and letting agents in England, Scotland and Wales to discriminate against tenants in receipt of benefits or because they have children.
What counts as rental discrimination?
Rental discrimination includes landlords and letting agents withholding information about a property including its availability such as property details or the availability of the property, stopping someone from viewing a property or refusing to grant someone a tenancy.
Will the anti-discrimination measures impact landlord’s ability to deny a tenant due to affordability?
Landlords and letting agents can continue to carry out referencing checks based on income, affordability, or other criteria to ensure a tenancy is sustainable for all parties, but not on the basis the prospective tenant has children or is in receipt of benefits.
How can I prevent tenants from taking legal action against a decision not to let the property to them?
The Government is emphasising that agents and landlords must consider individual circumstances when letting out to tenants with children or who are benefit recipients. When explaining why applications to rent are denied, agents and landlords can point to inappropriate properties, such as those with few bedrooms or which are considerably more expensive than what a tenant could receive with benefits. This could be clearly stated in writing to avoid potential legal challenges.
How will this measure impact existing mortgage/lease contracts that state I can’t let those in receipt of benefits or with children?
When the legislation comes into effect, any terms in mortgages or lease agreements with superior landlords that place restrictions on those in receipt of benefits or who have children will have no effect. This will mean that a landlord cannot be considered in breach of their contract or superior landlord agreement.
How will this measure impact existing insurance contracts that state I can’t let to those in receipt of benefits or with children?
Existing insurance contracts will be exempt from the measures outlined in the legislation until they come to an end or are renewed. From 1 May 2026, when the legislation comes into force, any restrictive terms for new insurance policies have no effect.
Landlords and letting agents will not be able to ask for, encourage, or accept an offer that is higher than the advertised rent.
On and after 1 May 2026, a landlord will only be able to require up to one month’s rent (or 28 days’ rent for tenancies with rental periods of less than one month) once a tenancy agreement has been signed and before it starts. The Renters’ Rights Act also amends the Housing Act 1988 so that, once a tenancy starts, a landlord will be unable to enforce any terms in a tenancy agreement that require rent to be paid in advance of the agreed due date.
Can tenants voluntarily pay more than one month’s rent once the tenancy has started?
Technically, yes. The main point in the legislation is that it cannot be required as a condition of taking on the tenancy. If once the tenancy is in place, the tenant chooses to pay rent in advance, and it is their choice, they are able to do so.
What impact will this have on tenancies being signed and starting?
While landlords cannot ask tenants to pay rent before entering into a tenancy agreement, they can request the initial month’s rent when the tenancy is agreed. So, for example, where a tenancy is agreed and signed a few days or weeks before the tenant moves into the property and tenancy begins, the landlord can include a term in the contract to require payment of the first month’s rent immediately after the tenancy agreement is signed, or at any point before the tenancy begins.
Can tenants pay rent in advance within a tenancy and once it has started?
While landlords will be restricted from including terms in a tenancy agreement which require rent to be due in advance of the rent period to which the rent relates, tenants will remain free to pay prior to the rent due date should they wish to do so. The UK Government say this maintains flexibility for tenants to manage their tenancies in the way that best
The Renters’ Rights Act will introduce a new Private Rented Sector Database. All landlords of assured and regulated tenancies will be legally required to register themselves and their properties on the database.
When will the Private Rented Sector Database go live?
The new online database will be rolled out gradually by area from late 2026, showing who is renting out homes across England.
Will the Private Rented Sector Database replace selective licensing and/or HMO schemes?
No, because the Government says that selective licensing and the Private Rented Sector Database have different purposes. Unlike the database, selective licensing schemes aim to target specific local issues by enabling more intensive proactive enforcement strategies. The Government has said that it will continue to review the use of selective licensing as it develops the Private Rented Sector Database – refining the way the two systems work together.
What information will landlords need to submit to the Database?
The information that the Government plans to make available to the public will include details of the landlord, details of other parties involved in the management or ownership of the property and information about the rental property.
Will the database be publicly viewable? How will this work with GDPR laws?
The Government has said they will make information from the database public only if that is necessary and proportionate to meeting the aims of the database. They want to provide tenants with the information they need to make sound decisions about renting but will respect landlords’ rights to privacy and to follow data protection and human rights legislation.
Will joint landlords and those who own properties under a company name have to register as individuals?
It is understood that the primary landlord will provide the majority of information but there will be what the Government has called “relevant information” that will be required from all joint landlords.
What is the impact on letting agents?
Letting agents and will be prohibited from marketing properties to let, unless the landlord has registered with the Private Rented Sector Database and Ombudsman Scheme.
The Government wants to ensure that tenants can seek redress against their landlord when they have a legitimate complaint about the landlord’s action, inaction, or behaviour. The view of Ministers is that landlords who use letting agents cannot delegate responsibility for their own actions or behaviours. They say landlords almost always retain some responsibility for their property that cannot be passed on to agents—for example, making structural repairs in buildings. To this end, they argue that tenants should be able to access redress if they experience issues such as this, regardless of whether their landlord uses an agent. That is why the UK Government thinks it is essential that both landlords and agents can be held to account for their individual responsibilities.
When is the Landlord Ombudsman service going to be introduced?
The development of the Ombudsman will happen in two stages. Firstly, the Secretary of State will choose a scheme administrator to run the new service. Secondly, regulations will require landlords to be members of the new service, which the UK Government expect to be enforced in 2028.
If the property is managed by an agent who is a member of a redress scheme, does the landlord also have to be a member of a scheme?
Yes, it will be compulsory for all landlords to be members of a redress scheme, regardless of if they use an agent who is registered with The Property Ombudsman or Property Redress Scheme.
Will the Landlords’ Ombudsman be the same as the agents’ ombudsman? Will the same scheme cover both?
No, the proposals are for a scheme solely for landlords. This is to run alongside existing redress schemes for property management, private rental letting and estate agency work, new homes, and for social housing residents.
Who will provide private landlord redress?
Ministers have said that the UK Government’s preference is for the Housing Ombudsman Service to deliver private landlord redress, but no final decision has been made. For landlords who have already voluntarily joined a redress scheme, once a mandatory private Landlord Ombudsman service is in place it will be tailored to the specific needs of the private rented sector, and those landlords will have to move to it.
How will the Landlord Ombudsman work?
It is understood that the scheme will operate in a similar way to the redress schemes for agents, where tenants will be able to raise complaints against their landlord, which the Ombudsman will investigate. Landlords will not be able to raise complaints against their tenants.
All rental properties must meet minimum quality standards. For landlords who fail to take reasonably practicable steps to keep their properties free of serious hazards, local councils will also have a new power to issue civil penalties of up to £7,000.
The Renters’ Rights Act will now extend Awaab’s Law to privately rented homes. This will ensure that all renters in England are empowered to challenge dangerous conditions and that all landlords must take swift action to make sure homes are safe. The measures in the bill will allow new requirements to be set requiring private rented sector landlords to address hazards, such as damp and mould, within a specified time period. If landlords do not comply, tenants will be able to bring enforcement action against them through the courts.
The new Renters’ Rights Act sounds daunting enough but landlords already have plenty of legal obligations to meet such as annual gas safety checks, electrical installation safety certificates and ensuring properties have working smoke and carbon monoxide alarms. This, along with the various legal documents that must be served on a tenant before they even move in, is creating confusion among landlords as to whether they are fully compliant. If any document has not been served correctly and at the right time, the landlord could lose their right to evict a tenant, face a fine or even a banning order in the worst circumstances.
Backed by our 25+ years of letting and property management experience, we can ensure landlords that they are fully compliant from day one to ensure a smooth and stress-free service. If you have any compliance questions, please do not hesitate to contact one of our experienced team.
