Your Renters’ Rights questions answered

The Act received Royal Assent on 27th October 2025. Implementation details are still to be announced but we believe the government will give between 3 – 6 months for landlords and agents to prepare before the Act starts being enforced. Consequently, we recommend that agents should start preparing now in order to be ready for early 2026. Click here to view a more detailed breakdown of expected enforcement timelines.

Yes, the new legislation applies to HMOs.

No, the Act does not apply to non-residential / commercial tenancies.

No, the entire Act applies to current AST agreements, but some parts of the Act will also apply to Non-Housing Act tenancies.

No, if the rent is over £100,000 per annum, an Assured Tenancy (AT) or Assured Shorthold Tenancy (AST) cannot be created. A High Rent Agreement or Premium Lease Agreement would be used, also known as a Common Law Agreement. Therefore the Bill will not apply.

Under the Act, a tenant must provide 2 months’ notice, ending on the last day of a rent period. For example, if the tenancy started on 14th January and the tenant gave notice on 25th April, the tenancy would end on 13th July, not 25th June.

No, it was decided that no minimum tenancy term would be introduced.

Under the new Act, tenants are required to provide 2 months’ notice, ending on the last day of a rental period, which means a tenant needs to stay in a new tenancy for a minimum of 3 months if they were to give notice in the first 27 days of a new tenancy.

It’s important to note that Licence Agreements are used when the landlord or a relative of the landlord is resident in the property being let. However, some parts of the Bill may apply to residential licences.

Yes, sub-letting is still permissible under the Act with the landlord’s consent. If the landlord gives consent for the tenant to sub-let, the rent will be paid by the sub-lessee to the tenant.

No as there won’t be any renewals. You need to think about your charging model. You might say fees are due for the term of the tenancy up to a certain point i.e. two or three years. Alternatively, you may decide to take more payment upfront at the original start of the tenancy.

No, the Renters Rights Act applies primarily to Housing Act 1988 tenancies but there are some provisions which apply so you should ensure you are aware of the details of the Act so you can understand which provisions will also impact you.

Local authorities will enforce the new law, and both landlords and agents could face significant penalties or consequences if proven guilty of an offence.

The Act will require all residential landlords to join the new PRS Landlord Ombudsman redress scheme and adhere to its code of practice.

Non-compliance with the law could lead to:

• A Banning Order
• A Rent Repayment Order (RRO)

A Banning Order can prevent individuals from renting out residential accommodation, holding a HMO or selective license or engaging in letting agency or property management work.

RROs empower tenants and local authorities to reclaim rent from landlords who have committed specific offences. The Act expands the scope of RROs in the following ways:

• Six new categories, including breaches related to landlord redress schemes, providing false information to the PRS database and misuse of possession grounds.
• The maximum amount a landlord may be required to repay under an RRO is extended from 12 months’ rent to up to 24 months’ rent.
• Financial penalties of up to £7,000 for an initial offence and up to £40,000 for subsequent offences.
• Any criminal offence could result in a custodial sentence.

All existing Assured Shorthold Tenancy (AST) agreements will automatically became periodic Assured Tenancy (AT) agreements on the day the law comes into force. Landlord’s/agents will be required to advise existing tenants in writing that their tenancy will be converted to an AT within one month of the Act being enforced.

No, all existing ASTs will become ATs on the date the new law comes into force.

Yes, if the rent has already been increased within the 12 months prior to the AST/AT change date, the landlord will have to wait 12 months from that date before increasing the rent again.

ATs will not be able to include any reference to Section 21, any notice periods applicable to Section 21s and any break clauses.

ATs will need to reference the Renters’ Rights Act; the new Section 8 grounds and relevant notice periods; tenant service of notice; references to pet consent and the requirement for insurance (where applicable).

Yes, with mutual agreement in writing from both the tenant and landlord.

No, because the new legislation will only exist on the day it comes into force.

Clarification is needed by the government here. However, it could be the case that a new How to Rent Guide (England only) may need to be served alongside the written statement that informs tenants their tenancy has been converted to an AT.

No, there are no provisions in the Act for properties that are only available for a limited period of time, except student lets.

Annually would be good practice.

All landlords will be required to provide tenants with a written tenancy agreement. This will be mandatory and significant financial penalties or other consequences exist for non-compliance with the Act. See the Local Government Enforcement section for more information.

There will be no renewal date as ATs do not have an end date, therefore renewals will no longer exist.

Now that the Act is live, every Assured Shorthold Tenancy (AST) will become an Assured Periodic Tenancy, both new and existing.

The 12-month period runs from the existing tenancy start date, or from the most recent renewal date if the tenancy was renewed (as this is also classed as a new tenancy).

The landlord must satisfy one of the legal grounds for possession. If the reason is to sell the property or to move in themselves (or for a close family member to move in), they can serve 4 months’ notice starting from month 8.

There’s nothing in the Act that prevents a landlord from marketing their property during a tenancy. However, access for viewings will still depend on tenant agreement, so clear communication will be key.

From the date a tenant moves in, as long as they pay their rent and don’t breach their tenancy agreement, the landlord cannot serve notice (to take effect) until at least month 8 if they want the property back to sell or move into.

The landlord cannot relet the property for 12 months from the expiry of the notice. If they do go against this, the outgoing tenant can claim a rent repayment order of up to 2 years for the breach. Please note it is also considered a breach if the landlord markets the property discreetly or ‘off market’.

There are around 30 grounds which cover a wide range of scenarios. Selling the property is one of them. There is a link to our notice guide at the top of this page if you would like to view all the possible grounds for repossession.

Yes they will but only for a short period. They must have been submitted before the Bill became an Act.

Yes, in principle this is allowed.

Holiday lets will no longer be affected by the Act after ground 3 for out of season holiday lets was removed from Section 8.

A holiday let license agreement.

A mandatory ground for possession of properties occupied by students (4A) was added to the Act. This new ground can be used to recover possession of a HMO or shared house that’s let to full-time students between 1st June and 30th September, in order to re-let the property to full-time students(*). If the property is let on a joint tenancy, each tenant must be a full-time student(*) when the tenancy was entered into.

(*or the landlord reasonably believes will become full-time student/s)

There is no difference between a HMO and shared house for full time students. See answer above for more information.

Mandatory ground 4A has been added to the Act. This new ground enables landlords and agents to serve a Section 8 notice on the grounds that a property, which is let to full-time students, is required for a new group of students in line with the academic year. Please note that the notice period for this ground is currently set at 4 months and there are strict conditions that must be met (see above).

The implementation date for the new Act still needs to be confirmed (although it is expected to be around Spring 2026). We would advise notifying next year’s student tenants in writing that possession of the property might be recovered on ground 4A before their tenancy begins. See points 881, 882 and 883 of the Explanatory Notes for more details.

Yes, it’s fine to advertise a student let on the valid presumption that the property will be available again for upcoming academic year.

Due to the nature of PBSA lettings, they are normally run with license agreements and therefore excluded from the Act. However, if a PBSA has been set-up with AST agreements, these will need to be converted to Assured Tenancy (AT) agreements. See the Tenancy Agreements section above for more details.

There is a special ground for possession for students. There will be no special form of student tenancy.

The student could purchase a professional guarantor product to assist with them, but they can be expensive. This has been raised as a potential issue with the recommended changes.

No, the Private Rented Sector (PRS) database will contain detailed records of landlords and their respective rental properties. Agents do not need to register as they already have the Agent Redress scheme.

There will be a fee but the government has not confirmed the cost of this yet and has not disclosed if this will be a one off fee or annual.

Selective Licensing and registering on the PRS database are not linked. The government will not abolish Selective Licensing and replace it with PRS database.

Rooms can be let on a licence providing the landlord meets the necessary criteria.

This is still unclear. There have been requests for agents to be able to do this for landlords they manage. It is expected that agents will be able to do it on landlords behalf but it is likely the landlord would need to at least ‘sign off’ on the information provided. However, this is still being discussed.

It is expected that all landlords both with existing rentals and new rentals will need to register. Further details will follow.

This is not yet clear- we will update once further clarity is received.

If agents are allowed to do this on behalf of landlords (which is expected) then yes you will be able to charge for this service.

We expect so yes- because all adverts must display the property ID which would be unique to each property.

It will be held centrally. It is expected to have some elements that are publicly accessible but this is yet to be clarified.

Agents will need to update their Terms and Conditions of Business.

It’s expected the Ministry of Housing will update the Section 8 notice, the wording for each ground of Section 8 and the Section 13(2) notice.

We are currently waiting for these documents to be made available on the .gov.uk website.

Yes, agents will need to clearly state the proposed rent in all property ads to help stay compliant with the new rules surrounding rental bidding.

Agents will also need to clearly state the landlord details in their property ads in accordance with the new Private Rented Sector (PRS) database.

Awaab’s Law is part of the Social Housing (Regulation) Act 2023. It was introduced to improve the quality of social housing in England and the Renters’ Rights Act extends similar provisions to the private rented sector. Under Awaab’s Law:

• Landlords are required to commence an investigation into reported hazards, including damp and mould, within 14 days of being notified.
• Within the same 14-day period, landlords must provide tenants with a written report detailing the identified hazard, proposed remedial actions, and a clear timeline for completion.
• If a hazard poses a significant health or safety risk, landlords must begin repair work within 7 days of the investigation.
• For hazards that present an imminent danger, repairs must be initiated within 24 hours.
• If repairs cannot be completed within the specified timeframes, landlords are obligated to offer suitable alternative accommodation to affected tenants.

No, a landlord would not be liable but you would need to prove that it is a result of tenant’s actions.

The Decent Homes Standard has been adopted from Social Housing law and encompasses several key requirements:

• Properties must be free from Cat 1 hazards
• Homes should be in a good state of repair
• Properties should have modern facilities
• Dwellings are expected to have adequate heating, and effective insulation.

Ultimately this is a landlord issue but the agent has to evidence they did all they could to sort the matter. If it’s a Health & Safety issue the agent can act in the landlord’s best interest. In this instance, it may be best for the agent to cease the contract.

The Act stops the invitation, encouragement or acceptance of a higher rent than is advertised.

Agents should use their local knowledge and a comparable tool such as the Rightmove Best Price Guide to ensure they’re advertising the property at the maximum rent that’s achievable in the local market.

See the Local Government Enforcement section.

This is still unclear, we would recommend against it as it could be deemed unethical practice. We are waiting on further details from the government to clarify whether this will be unlawful or not.

No paying more than one months rent in advance of the tenancy starting is now unlawful.

No, this will not be allowed you must advertise a certain price (like now).

No, except the Housing Act 2004 will be updated to reflect the new Renters’ Rights Act.

The cap under the Tenant Fees Act 2019 will still apply, which is a refundable tenancy deposit capped at no more than 5 weeks’ rent where the total annual rent is less than £50,000 or 6 weeks’ rent where the total annual rent is £50,000 or above.

No, landlords must continue to protect their tenants’ deposits in a government-approved deposit protection scheme.

Yes, the legislation does not prohibit landlords from requesting guarantors.

Tenants should be selected based on objective criteria so employment security, affordability, referencing or credibility are all perfectly valid reasons. It is best practice to document why a certain applicant was selected in case any complaints of discrimination arise.

Landlords can still meet potential tenants if they chose to do so. This would not be deemed discriminatory as long as they don’t put blanket bans on certain candidates types i.e. refuse to meet/consider any tenants on benefits regardless of them passing the affordability criteria.

This can be requested if the tenant does not meet affordability criteria. However, you cannot apply a blanket rule that all applicants on benefits must have a guarantor. It needs to be requested on a case by case basis.

You should consider whether the property will be statutorily overcrowded under the Housing Act 1985. It may not be depending on room sizes and the age of the child. If it is overcrowded then you can refuse on that basis lawfully.

The landlord will need to determine whether the property is suitable for a group of people, that there is no overcrowding, and where necessary, complies with HMO regulations. If it would not comply it is lawful for them to refuse.

This has been done in relation to the Rent Act tenancies. However, we anticipate this being challenged in court so we would not recommend this approach.

Yes a landlord can refuse an application without giving a reason. But- if discrimination is alleged and a landlord refuses to give evidence of why a tenancy application was declined this will need to be rebutted.

If a potential tenant can’t pass referencing then you can decline the offer or request a guarantor.

You cannot have a blanket policy asking for guarantors. It has got to be on a case by case basis. If an applicant cannot pass on affordability then you can request a guarantor.

Yes this applies to all types of advertising, properties marketed by both agents and landlords advertising them directly.

Yes but you would need to be able to demonstrate why this is the case.

Yes this may be relevant but again the reasons for this would need to be documented. As a general rule you cannot market a property as “female/male applicants only” in the majority of cases.

No this is not allowed, lease provisions banning children are now ineffective.

Yes, this is possible using a Common Law Agreement. However, the tenant’s company must be registered on Companies House and properly vetted.

Under the Act, a landlord will only be able to increase the rent once a year (or once every 52 weeks).

No, any clauses that enable or set additional rent increases are no longer permitted.

If any rent review clauses are included in your future periodic Assured Tenancy (AT) agreements, the statute will override contract.

The landlord or agent must issue a Section 13 notice. This is required for all rent increases- not just those which the tenant disputes.

To increase the rent, landlords will be required to give tenants 2 months notice from the date the Section 13 notice is served.

Yes, there should be nothing stopping a tenant from negotiating a smaller rent increase. If a tenant and landlord can mutually agree a lower sum to prevent the increase from going to the First Tier Tribunal this should be agreed. If no agreement can be reached the increase will be referred to the First Tier Tribunal who will look at comparable properties and decide whether the increase is in line with market rates.

If a tenant challenges the rent, the tenant must apply to the First-tier Tribunal before the date of the rent increase as stated in the Section 13 notice.

The market rent is effectively the rental value that the property could achieve if it was put on the market today.

The market rent can be negotiated and agreed between the tenant and the landlord/agent or it could be decided by the First-tier Tribunal (Property Chamber).

If the case is taken to tribunal, the hearing will look at local market rents for similar properties as well as information provided by the agent/landlord and the tenant.

The landlord/agent will be asked to justify the proposed rent increase. It’s advised that you use a comparable report like the Best Price Guide to evidence this.

Yes, the tribunal will consider location, amenities, property type, condition and any utilities, council tax and communication services included in the rent.

This is not mandatory but it might be sensible in order to reduce the chance of the tenant taking the case to the First Tier Tribunal.

As it stands this will not be backdated although there are requests for this to be reconsidered to avoid tenants disputing every increase to buy themselves time on the lower amount.

Yes this is possible, but you cannot agree a rent rate until after the Section 13 notice has been served.

Yes they can challenge the rental amount for the first six months that they live in the property. So you must market a property for a justifiable rent rate.

You can give the tenant more than two month’s notice of the increase but that entire period is one in which the tenant can appeal to the FTT. So it may not necessarily reduces the chance of dispute.

There is no cap on the increase but it must be in line with the market.

We would recommend getting it in writing to confirm that the tenant agrees to the increase, as long as they have paid the increased rent rate they would have little case to then later dispute the increase.

It is now unlawful to accept more than one month’s rent in advance before a tenancy begins. Even if a tenant offers to do this voluntarily, the additional money must be returned and can only be accepted once the tenancy has started. After the tenancy has commenced, tenants may choose to make advance rent payments, but this must remain entirely optional and cannot be a mandatory condition of the tenancy.

Yes, the legislation will not prohibit landlords from requesting guarantors.

The Act makes it unlawful for landlords or agents to engage in discriminatory conduct against tenants with children or those who receive benefits. So a blanket rule requiring all tenants on benefits with children to pay rent in advance will be banned. However, tenants can opt to do to pay rent in advance voluntarily if they like once the tenancy has begun.

Any tenancies agreed prior to the Renters’ Rights Act with Rent in Advance clauses will continue until the end of the tenancy.

Yes this would be deemed a prohibitive payment if it is made before the tenancy begins. If it is made after the tenancy has commenced and is voluntary by the tenant it is allowed. For instance, if rental payments are scheduled to be made on the first of every month and a new tenant is moving in a few days before month end, you are not allowed to take an additional couple of days rent before they move in to ‘bridge the gap’.

No- you will need to rely on guarantors to help tenants who don’t pass referencing criteria.

As it currently stands- the guidance is that agents must still let the tenant move in as you are able to take the deposit money as payment. This means the tenant can effectively be moving into the property in rental arrears already. However, the The Lettings Industry Council have taken this up with MHCLG (Ministry of Housing, Communities & Local Government) as they foresee this would be problematic. Landlords would not want a tenant to move in without the funds being received.

Yes. The rent can only be paid monthly.

At the moment the only options are a UK guarantor or a rent guarantor product. Other products might become available once the Act is passed due to a market need for additional options.

If it is just a garage it isn’t an AST so it won’t be affected.

You don’t have to refund any rent paid in advance prior to the Act becoming law.

I would ask them to confirm their request in writing, but remember this cannot be paid over before they have moved in. Only after.

Yes- there are new provisions in the Renters’ Rights Act about refunding rent. However, the tenant notice has to end at the end of a tenancy period so in reality this should not be an issue.

A landlord can refuse consent for a pet if the property is unsuitable for the type of pet requested—for example, keeping a large dog in a one-bedroom flat with no outdoor space. It is also generally reasonable to refuse if the landlord has allergies or a phobia of pets, although these reasons may need to be supported with evidence. All requests need to be considered on a case by case basis.

Yes, tenants can challenge the decision through the First-Tier Tribunal (Property Chamber). The landlord will need to give valid reasons for refusing consent at the hearing so this should all be clearly documented and shared with the tenant if they request the rationale for refusing.

Although there were discussions during the Ping Pong stage about adding an additional pet deposit, or enforcing mandatory pet insurance, both of these amends were rejected.

Mandatory rent in advance of more than one month rent is now banned. As it stands there are no rules to prevent you charging a higher rent for those who want to have a pet. For example, an extra £15 per month. However, we advice you to use this ‘pet rent’ with caution as we expect this could be challenged in court.

If the landlord refuses consent based on medical reasons, they will have to provide evidence.

The Act will not impact property inspections. In fact, due to the introduction of the Decent Homes Standard, regular property inspections will become increasingly important. You must give the tenant a minimum 24hrs notice in writing to carry out a property inspection.

Landlords will need to serve a Section 8 notice using one of the mandatory or discretionary grounds for possession. You can see a copy of the grounds for repossession here.

Yes, a Section 21 notice can be served anytime before the Act’s implementation date. Any section 21 notice served before the law changes can proceed through the courts if the tenant fails to vacate.

See our Guide to the Renters’ Rights repossession grounds here for a full list- including the minimum notice period needed for each.

Each ground under Section 8 will have a different notice period, either no notice, 2 weeks, 2 months or 4 months.

We are expecting guidance for tenants and landlords about the Renters’ Rights Act to be published by the government. Now that the Act has become law the government will release government-specified terms for you to share with existing tenants. We recommend you communicate with tenants thoroughly to ensure they are well informed. It is a great way for you to build strong relationships with tenants in properties that you currently manage.

No, the process for obtaining possession via Section 8 notices will remain the same.

Lettings agents will require training to form a much better understanding of how to navigate the amended/new grounds under Section 8. Lettings agents must also ensure that their Terms and Conditions of Business reflect legislative change.

For grounds 1, 1A and 1B, a Section 8 notice can only be served after the first 12 months of a new tenancy or after 12 months into a current tenancy. For example, if a current AST has been running for 9 months when the Bill comes into force, the landlord must wait a further 3 months before serving a Section 8 notice.

Other Section 8 notices can be served at any time where a landlord has evidence to rely upon any other relevant ground. It’s important to note that ground 8 has been amended and therefore the landlord needs to be certain that this ground can be relied upon.

Yes you can serve ground 1A and/or 1B at month 8 so that once the 4 month notice period has passed it will be actioned at month 12.

The landlord will be required to include evidence to support their reason for serving a Section 8 notice using any given ground. Therefore the history of a tenancy is very important and accurate notes must be kept throughout the tenancy.

The landlord can rely on the inventory, check-in report and property visit reports.

If the tenant is in at least 3 months’ rent arrears (or 13 weeks if the rent is paid weekly or fortnightly), the landlord can issue a Section 8 notice using mandatory ground 8. A mandatory ground 8 requires the court to award possession. It’s important to note there’s a condition with this ground that the tenant must be within the permittable amount of rent arrears both on the date the notice is served and at the time of the possession hearing.

Grounds 10 and 11 are discretionary grounds that relate to the tenant persistently paying rent late and when rent is lawfully due. The landlord will need to evidence this with statements of account that proves the tenant continuously pays rent late. It’s important to note these discretionary grounds are reliant on the courts making a decision as to whether possession may be granted.

If a tenant doesn’t leave the property by the end of the Section 21 or Section 8 notice period, the landlord will need to go to court to seek a possession order. Once the landlord has the possession order, the landlord will need to apply for a Warrant of Possession.

The landlord will rely on the grounds available in Section 8. See the Student Lets section for more information.

When the law comes into force, landlords will be prohibited from re-letting or re-marketing a property to let within the first 12 months following the service of a Section 8 notice using ground 1A or 1B, which is known as the ‘restricted period’. This must be adhered to in any circumstance.

Landlords who don’t comply with the requirements of the restricted period can be fined up to £7,000 for an initial offence. For subsequent offences, landlords could be fined up to £40,000 or face criminal prosecution.

The minimum notice period for grounds 1A and 1B is 4 months, so a tenant can stay longer if permitted to do so by the landlord. The validity period of a Section 8 notice is currently 12 months and we’re waiting for confirmation from the government whether this time period will remain the same.

The landlord should be advised to check their insurance to see whether they are covered for rent and legal protection. If they do not have insurance in place, they should be strongly advised to employ a legal firm. Lettings agents do not have the right to audience for possession claims.

Ground 6 for ‘Redevelopment’ permits the landlord to evict the tenant if the landlord needs to demolish or substantially redevelop the property which cannot be done with the tenant in situ. Various time limits and/or notice periods exist for this ground depending on the circumstances. The landlord should not use this ground to circumnavigate the law.

The two month threshold is being increased to three months as part of the Renters’  Rights Act. There were no new government amends so in this instance you would want to use Grounds 10 and 11 which are discretionary.

The Housing Minister, Matthew Pennycook, has stated the new legislation will not be delayed to resolve any issues within the court system. The government has confirmed they will ensure the court system is not overwhelmed but no details of how this will be prevented have been announced.

Over half of all evictions currently go through the accelerated possession procedure under Section 21, but going forward, Section 21 notices will be abolished and landlords/agents will need to serve a Section 8 notice, which in many cases, could require a court hearing.

No, the government does not intend to create a “tenant database”. Moving forward under the Act, it will be increasingly important for agents and landlords to carry out reliable tenant referencing before granting a tenancy, and for landlords to have sufficient insurance cover in place.