The Renters Rights Act - Landlord FAQ

The power for the Secretary of State to create regulations and also to appoint a ‘Lead Enforcement Authority’ for Local Authorities came into force on the day Royal Assent was granted (27 October 2025).

The government have now published a roadmap which sets out the implementation dates as follows:

  • 27 December 2025 – New investigatory powers for Local Authorities to inspect properties, demand documents and access third-party data
  • Phase 1 – 1 May 2025 – main parts of the bill, including abolition of s21 and fixed terms, new rules about rent, grounds for possession, discrimination, pets, Local Authority Enforcement powers, Rent Repayment Orders
  • Phase 2 – From late 2026 –(1) Landlord Database and (2) PRS Landlord Ombudsman
  • Phase 3 – 2030-2037 – New rules on MEES, decent homes and Awaabs law

Yes.  Provided the Renters Rights Act applies to the tenancy type concerned (see the FAQ on this below).

But all existing assured and assured shorthold tenancies will, on the commencement date of the Act, be converted to assured periodic tenancies.

No.  It will only apply to properties which are rented under an assured or assured shorthold tenancy under the Housing Act 1988.  Although most properties in the Private Rented Sector (prior to the commencement of the Renters Rights Act) are rented under an assured shorthold tenancy.

The Act will not apply to the following:

  • Company lets (ie where the tenant is a limited company)
  • Resident landlord lets where the landlord lives in self-contained accommodation in the same building (other than purpose-built blocks of flats where the landlord lives in one and rents out another)
  • Genuine residential licenses (note that many so-called licenses are actually ‘sham licenses’)
  • Lodger situations (where someone rents a room in their landlord’s own home and shares living accommodation)
  • Tenancies where the annual rent is over £100,000 pa or £250 or less (£1,000 in Greater London) or where no rent is paid
  • Tenancies where other legislation applies such as business tenancies
  • Tenancies with a fixed term of over 21 years
  • Purpose-built student accommodation

This is not a complete list.  If you are not sure whether the legislation will apply to your property or not you should take legal advice.

No.  The government will publish a prescribed form information notice, which must be served on existing tenants within 1 month of the commencement date (ie on or before 31 May 2026).  

This will likely inform tenants of their new rights under the legislation.

The government have indicated that a draft of this notice will be published in January 2026.

There will be no need to serve any other paperwork on tenants or re-issue existing tenancy agreements.

However, note that if the information notice is not served on tenants on or before 31 May, landlords will be liable for a civil penalty of up to £7,000. 

Government guidance to Local Authorities indicates that the starting point for calculating the penalty charged will be £4,000.

No.  On the commencement date, all fixed-term assured and assured shorthold tenancies will convert to periodic assured tenancies.

After the commencement date (1 May 2026), it will not be possible for landlords to create any fixed terms (for tenancies affected by the act) and any attempt to do so will:

  • Be ineffective, and
  • Make the landlord or agent vulnerable to a fine of up to £7,000 

Government guidance to Local Authorities sets the starting point for calculating the fine at £4,000.

After the commencement date (1/5/26) tenants will be able to end their tenancy on giving a two months tenants Notice to Quit.  Landlords will not be able to prevent this happening.

If the property is being let as a genuine holiday let, then no.  The Renters Rights Act does not apply to holiday lets.

However, if you are renting the property to tenants, then the laws that apply will not change according to the platform you have used to advertise it.

If the property is being rented to tenants, the same rules will apply whether you let the property via Rightmove, Airbnb or a postcard in your local supermarket.

Also, the fact that you may describe someone as a ‘host’ or a ‘guest’ will not change the laws that apply if they are in reality a landlord and their tenant.

See  my series of posts on Airbnb on the Landlord Law Blog.

The Act makes several key changes affecting rent:

  • The requirement for a ‘proposed rent’ in adverts which landlords cannot exceed – this is to prevent ‘bidding wars’
  • The prohibition of rent in advance
  • Rent increases to be limited to the section 13 statutory notice procedure
  • Changes to the mandatory eviction ground, ground 8.

These are the new rules about rent in advance, which can be divided into three separate situations:

  • Before the tenancy is entered into – no rent in advance is permitted at all. Advance rent paid by tenants must be returned. Asking for it will make landlords vulnerable to civil penalty notices and prosecution under the Tenant Fees Act.
  • Between the tenancy being entered into and the tenancy start – one month’s rent ONLY can be taken
  • During the tenancy – landlords/agents cannot require rent to be paid before the period for which it is due, but can require it to be paid at the start of the period. However, once the tenancy has started, tenants can pay rent in advance if they want to

I have written a fairly detailed post on my Landlord Law Blog which looks at this from the point of view of student lets.

However, the new rules will affect all assured tenancies so this post will be relevant even if you are not a student landlord.

Yes.  The Renters Rights Act does not affect rent paid before its commencement.

No.  After commencement (on 1 May 2026), the ONLY way landlords can increase the rent will be by the statutory notice procedure.

A new Form 4A will be issued before commencement.

Any rent review/increase clauses in tenancy agreements will become unenforceable on commencement.

Yes, but ONLY after a section 13 notice has been served. 

Your section 13 notice must state a proposed new rent – any agreement with the tenant can only be for the same or a lower figure.  Landlords will not be able to agree a higher rent that the proposed rent in their section 13 notice.

The notice you need to use is Form 4A – this will be a new form and will be published before 1 May 2026, when this part of the Act is due to come into force.

The new prohibition on rent in advance will adversely affect

  • Students and others who do not have an income or
  • Applicants from overseas, or
  • Anyone who cannot pass UK credit referencing

At the moment, this problem is overcome by paying substantial rent in advance.  However, once the Act comes into force, this will no longer be possible.

The only real solution is to take a guarantee. 

If there are no suitable family members available for this, there are commercial guarantee companies such as  Housing Hand  or  Rent Guarantor.

The Act provides that it is an implied condition that pets are to be permitted unless the landlord has a reasonable reason to refuse permission.

The clauses in the bill which provided for the landlord to require tenants to pay for insurance or pay an additional deposit as a condition of agreeing to the pet were removed prior to the Act receiving Royal Assent.

The government has now issued guidance but it is fairly brief.  However it makes it clear that landlords cannot rely on a previous problem with pets as a reason for refusal.

Nothing.  Tenants will be entitled, as of right, to give a tenant’s Notice to Quit at any time after the tenancy starts.  

However, the notice period is being increased to two months.  Not many tenants will want to rent a holiday home for two months, bearing in mind that the landlord will also require a tenancy deposit.

Landlords can protect their position by careful referencing.  Renting properties unfurnished will also discourage this practice.

Although your tenancy will change from an assured shorthold tenancy to an assured periodic tenancy on 1 May 2026, this will not be a new tenancy. 

Section 147 provides that they will be treated as a single tenancy.

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Landlord Law members who want further information or wish to discuss the issues covered above should post a question on the Members Forum.