How to Navigate the Renters' Rights Act 2025

From 1st May 2026:

What you must do
What you must not do
What will happen if you don’t do what you’re supposed to do?
What will happen if you do what you’re not supposed to do?

1. The new Assured Period Tenancy (APT)

No fixed term tenancies after 1st May 2026
All tenancies created on or after 1st May 2026 will be APT rolling monthly tenancues
All existing tenancies will convert to APTs as of 1st May 2026

Notices

TENANT can give 2 months notice at any time to expire on the last day of the period of the tenancy
LANDLORD may only serve notice using one of the grounds in Section 8 Housing Act 1988

Landlords with existing tenancies will be required to service on their tenant the government produced ‘Information Sheet‘ by 31st May 2026. Failure to do so will expose the landlord to the risk of a civil penalty of up to £7,000
Landlords with no written agreement with their tenant will be required to serve on their tenant, a ‘Written Statement of Terms’. Failure to do so will expose the landlord to the risk of a civil penalty of up to £7,000
Landlords with tenancies that start on or after 1 May 2026 will need to provide their tenants with certain information about the tenancy in writing – this can be included within the tenancy agreement.

DO’s

Existing tenancies with written agreement – serve the government produced ‘Information Sheet’ on your tenant before 31st May 2026
Existing tenancies with no written agreement – serve a ‘Written Statement of Terms’ on your tenant before 31st May 2026 – This is instead of the ‘Information Sheet’
Update your tenancy agreement templates to comply with the changes the RRA will bring in – include required ‘certain information’ and remove all non-compliant terms; i.e. rent increase and rent payable in advance…

DON’Ts

No need to issue new tenancy agreements
No need to re-register the tenancy deposit
No need to reserve the required documents; EPC, gas safety record, deposit protection prescribed information and T&Cs

NOTE – The government are doing away with its ‘How to Rent Guide’

How to serve the Information Sheet on your tenant…

POST – Print the downloaded PDF from the Government website and post. (be sure to secure a certificate of posting).
BY HAND – Print the downloaded PDF from the Government website and post. (secure an acknowledgement
of receipt).
EMAIL – Download the PDF from the Government website and attached an email. (secure proof of service – use Esigning software, or request a delivery and read receipt).
DO NOT send your tenant a link to the ‘Information Sheet’ on the Government website

NOTE – if your tenancy agreement doesn’t allow for service of documents by email, the safest method of service is by POST. You can email a copy also as a back up.

PENALTY for non-compliance – up to £7,000

2. Rent & Rent In Advance

The rent period cannot be longer than one calendar month.
All existing clauses in tenancy agreements requiring the tenant to pay rent quarterly or for the term will be null and void.
No sum of rent is permitted to be paid before the tenancy agreement has been “entered into”.
Once the tenancy agreement is signed (entered into), the ‘permitted pre-tenancy period’ starts and the landlord can ask for and receive from the tenant the initial rent.
If any rent is paid before the ‘permitted pre-tenancy period’ starts, that will be a breach of the Tenant Fee Act 2019 and exposes the landlord to the risk of a civil penalty.
The first rent period for the initial rent may be shorter than the subsequent monthly periods. This allows for adjustment of the rent payment date.
Landlords are prevented from “inviting or encouraging” the tenant to pay rent in advance.
Government guidance states that a landlord is at risk if their tenant offers to pay Rent In Advance that the landlord then accepts.

SOLUTION to Rent In Advance (RIA)

THE PROBLEM?

How do landlords qualify tenants that are not able to provide the financial credentials needed to qualify for a tenancy?

No third party can be used to pay rent in advance, with the exception of a local authority who are excluded from the definition or ‘relevant party’ as defined by the Tenant Fees Act 2019.

A SOLUTION! – Professional Guarantor Services

BCM Wilson Hill has partnered with Rent Guarantor (recognised by Propertymark, NRLA & Rightmove)
Stands as the guarantor for approved tenants regarding their rent obligations.
FREE to landlords.
Has to be the tenant’s choice, who will pay between 3-5 weeks’ rent a year.
- They can pay this in full, over 3 months via PayPal, or up to 10 months with Payl8r (subject to eligibility).
Rent Guarantor will endeavour to secure the tenant’s payment of any rent arrears and will pay the rent if the
tenant fails to do so.

What tenant on-boarding will look like from 1 May 2026

Tenant pays holding deposit of one week’s rent and agrees to apply it to the first month’s rent
Tenant referencing, landlord agrees to let the property to tenant
Tenant signs tenancy agreement and pays tenancy deposit
Landlord signs tenancy agreement
Tenancy agreement has now been “entered into” – This is now the “permitted pre-tenancy period” when the landlord can ask the tenant to pay the initial rent
Tenant pays the initial rent (less any holding deposit paid). This cannot be for more than one calendar month’s rent
Tenant moves into the property on the first day of the tenancy

NOTE: if the tenant hasn’t paid the rent by the move in date the landlord may be bound to allow the tenant to move in, even though the tenant is already in arrears!

New section 4b of the Housing Act 1988 allows the landlord to set off the holding deposit against the first month rent.

3. Abolition of Section 21 – Housing Act 1988

What is Section 21?

A provision that allows a landlord to seek possession of their property without the need to cite any reason and seek to bring to an end with 2 month’s written notice using prescribed Form 6a either a fixed term tenancy at the end of the fixed term or of a periodic tenancy
Commonly used as a headline grabber by our media – “No fault evictions”
As of 1 May 2026 Section 21 will be no more
The Renters’ Rights Act 2025 will abolish Section 21 for both new and existing tenancy on the commencement day”, which is 1 May 2026
Section 21 notices that are in play on 1 May 2026, landlord will have up to 3 months (31 July 2026) to bring proceedings for an order for possession (depending on how far in advance the notice was served)
This means the last date a Section 21 notice can be served will be the 30 April 2026.

Changes to the Section 8 Housing Act 1988 Grounds for Possession

Change to new existing Mandatory Ground: Occupation by landlord or family (Ground 1)
Ground 1 is being amended so that the relevant date cannot expire in the protected period, i.e. as per Ground 1A
The definition of family includes: the landlord’s spouse, civil partner, or a person with whom they live as if married or in a civil partnership (and that person’s children and grandchildren). It also includes the landlord’s parents, grandparents, siblings, children, or grandchildren. It doesn’t include nieces, nephews, uncles and aunties
It also includes “a relationship of the half-blood”
The landlord won’t be able re-let or offer a licence to occupy for the same restricted period as Ground 1A
New Mandatory Ground: Sale of property (Ground 1A)
A landlord will be able to give 4 months’ notice to a tenant if they wish to sell the property. The relevant date (when the 4 month notice period expires) cannot be until after the first 12 months of the tenancy, the protected period
The landlord will not be able to market or offer the property for letting or a licence to occupy (e.g. Airbnb) for a restricted period starting from the date the notice is served, and ending 12 months after the date the notice period expires and the earliest date proceedings for possession will begin or 12 months from the issue of any particulars of claim for a possession claim
In other words, allowing for the 4 month notice period, a landlord may be forbidden from re-letting the property for up to 16 months from the date the notice is served
Change to existing Mandatory Ground: Serious rent arrears (Ground 8)
Tenants will need to have at least 3 months of rent arrears (instead of the current 2 months), both when the notice is served and at the date of the hearing
The notice period will increase from 2 weeks to 4 weeks

Qualifying criteria for use of Section 8

The landlord won’t be able to obtain an order for possession unless they have:

Protected the tenants deposit into an authorised tenancy deposit scheme
Served the prescribed information on the tenant before serving the Section 8 notice
Returned the deposit to the tenant

NOTE 1: The only exception to the requirement regarding the deposit is for Grounds 7A and 14, which relate to possession sought due to anti-social behaviour.
NOTE 2: “Knowingly or recklessly mis-using a possession ground” will be added to the list of offences, for which the First-tier Tribunal can impose a Rent Repayment Order of up to 2 years’ rent.

New Procedure for Increasing Rent

After 1 May 2026, landlords will only be able to increase rent once a year by following the Section 13 procedure ONLY.
Landlords will need to:
- issue the statutory prescribed notice, a new Form 4A, to the tenants
- give at least two months’ notice of the rent increase to expire at the end of a rent period. This doubles the existing notice period
After 1 May 2026, the new rules for challenging rent increases will come into effect
- Tenants will be able to challenge the notice free of charge at the First-tier Tribunal (FTT) in the two month
  period before the rent increase date specified in the statutory notice, the new Form 4A
- The FTT will have the power to reduce the rent if the rent is above the market value
- The rent increase won’t come into effect until the next payment date after the tribunal makes “determination”
- The FTT can delay the start of the new rent by two further months in the event of “undue hardship”

Recommendations

Compile evidence of the achieved rental values of comparable property to determine the ‘ market rent’ of the property
Be prepared to serve the section 13 notice and to immediately engage with your tenant
Present the comparable evidence and present to your tenant and through very considered and careful negotiation, agree the new rent
Maintain excellent relations with your tenant
Keep on top of maintenance and repairs
Inspect the property regularly (3-6 months)
Avoid at all cost the tenant referring the rent increase to First Tier Tribunal.

6. Ban on Rental Bidding

When landlords (or agents) list or otherwise offer a property to rent, they will need to specify the proposed rent in writing.

Landlords will not be allowed to encourage or invite an applicant to offer a higher rent
Landlords will not be allowed to accept an offer of rent that is higher than the proposed rent
If a local authority finds on a balance of probabilities that a landlord has breached these obligations, they will receive a civil penalty of up to £7,000 for an initial breach, which can increase to £40,000 for subsequent breaches

NOTE: tenants will be able to challenge the initial rent in the first six months of a tenancy, so make sure you keep evidence that this was the market rent.

The landlord will not be able to turn down the request unless they have a good reason. This includes a prohibition in any superior lease
This right does not apply to applicants, only tenants, which means that landlords will still be able to say “no pets” on any listing or advertisement
The landlord will have 28 days to respond to the tenant with their decision
The tenant will be able to appeal against a refusal by escalating a complaint to the PRS Landlord Ombudsman, once it’s launched in 2028, or by taking the case to court
The definition of pet is wide and refers to an animal kept mainly for “personal interest, companionship, ornamental purposes” or any combination

8. Banning Rental Discrimination

It will be illegal for landlords and agents to have blanket bans on renting to people who receive benefits or who have children
It will also be illegal to discriminate indirectly against people who receive benefits or have children
- I.E. by stating that prospective tenants must have a “professional job” or permanent employment
Landlords will need to consider all prospective tenants on individual merits (e.g. their ability to afford the rent) rather than disqualifying them because of family status or income source
Landlords will still be able to turn down applicants on the grounds of affordability
The Act explicitly states that landlords may still take a “person’s income into account when considering whether that person would be able to afford to pay rent under a relevant tenancy”
Landlords will also be able to say that a property is not suitable for a family if, for instance, it would lead to overcrowding

9. Private Rented Sector Landlord Database

Landlords will be legally obliged to register both themselves and their properties
Landlords will need to pay a fee to join the database. The government say they will “work to ensure that the fee is proportionate and good value”

What details will the database hold?

Landlord contact details – currently very vague and does not say whether the landlord’s address is included!
Property details which includes “the full address, type of property (flat/house), number of bedrooms, number of households/residents and confirming whether the property is occupied and furnished, etc.”
Safety information – Gas Safety Record, EICR and Energy Performance Certificate; “so tenants are assured about the safety and energy efficiency of the property”

Governments rationale:

For tenants, the database will increase transparency and the information available before they decide to rent a property and throughout their renting journey. This will allow them to take effective action to enforce their rights and be aware when they can escalate issues with their property to their local council or the Private Rented Sector Ombudsman.

NOTE: Landlords that don’t join the database before they let or advertise a property face a civil penalty of up to £7,000.

10. Private Rented Sector Landlord Ombudsman

The Ombudsman will provide a redress service for private rented sector tenants when things go wrong.
All private landlords in England with assured or regulated tenancies will be required by law to join, including those who use a managing agent.
Landlords will also have access to guidance and support from the Ombudsman service to help them improve their complaint handling practices.
The service will also benefit landlords by resolving tenant initiated complaints in the quickest and most cost-effective way possible.
Landlords will be required to comply with the Ombudsman’s decisions. Failure to comply may result in a landlord being expelled from the scheme and subsequent local council enforcement action, as outlined above.

NOTE: Landlords who fail to join, or anyone who markets a PRS property where the landlord is not registered face a civil penalty of up to £7,000 for an initial breach and up to £40,000 for repeated breaches.

Renters’ Rights Act Road Map

Phase 1: From 1st May 2026

Introduce Assured Periodic Tenancies in the private rented sector (PRS)
Abolish section 21 ‘no fault’ evictions
Reform possession grounds in the PRS so they are fair for both parties
Limit rent increases to once a year
Ban rental bidding
Ban on rent in advance
Illegal to discriminate against renters who have children or receive benefits
Require landlords in the PRS to consider tenant requests to rent with a pet

Phase 2: From late 2026

Rollout of the PRS Database for Landlords
Introduction of the PRS Landlord Ombudsman – expected membership required in 2028

Phase 3

Decent Homes Standard (DHS) 2035 – 2037
Awaabs Law – consultation on the date of introduction to PRS in 2026

Renters’ Rights Act Ready Recommendations

Understand what’s different with the new assured periodic tenancy
Know which breaches may lead to penalties
Effective tenant selection
Decide if you need to change any of your policies
Customer relations: build good relationship with tenants
Carry out regular inspections
Keep on top of repairs and maintenance
Manage rent arrears proactively
Keep good paperwork and records
Consider rent guarantee insurance for new and existing tenant

How to Navigate the Renters’ Rights Act 2025