Landlord FAQs - Renters' Rights Act 2025
The topics covered in these FAQs are:
Changes to tenancies
Does the act apply to existing tenancies?
Yes. From 1 May 2026, all existing assured shorthold tenancies ("ASTs") will automatically convert to assured periodic tenancies. There will be no further fixed-term renewals and tenancies will continue until the tenant gives at least two months' notice or the landlord obtains a possession order using a valid Section 8 ground. Transitional provisions apply and Section 21 notices served before 1 May 2026 may still be relied upon for a limited period, provided they are valid.
Can I still grant fixed-term tenancies?
No. From 1 May 2026, fixed-term ASTs will be replaced by a single system of open-ended periodic tenancies. All new tenancies must be periodic, and landlords should update tenancy templates to remove fixed terms and rent review clauses.
I currently rent out my property informally to friends by way of an oral agreement that has never been recorded in writing, can I continue on in this way?
No, you must serve the tenant with a written statement of terms by the 31 May 2026 or risk a civil penalty (see FAQ below). This is instead of the Information Sheet detailed above. The compulsory information can be set out within a written tenancy agreement or a separate document. If the agreement is even partly in writing then you will need to serve the tenant with an information sheet only.
For more information of what will need to be included in the written statement, see: Assured periodic tenancies: a guide for landlords: Written information you need to give to your tenant - GOV.UK
The government guidance currently states that the written statement and information sheet can be served electronically or in hard copy. We would always recommend that you receive some form of acknowledgement from the tenant confirming receipt.
What documents will I need to supply to new Tenants who commence their tenancy after 1 May 2026?
For tenancies beginning on or after 1 May 2026, Landlords will need to serve all Tenants a written statement setting out information on key terms of the tenancy. Full guidance about the information this statement must contain will be published in March 2026. A Gas Safety certificate, EPC (rating E or above), deposit protection information must still be provided to tenants alongside the new written statement following implementation of the Renters’ Rights Act. The government guidance currently states that the written statement and information sheet can be served electronically or in hard copy. We would always recommend that you receive some form of acknowledgement from the tenant confirming receipt.
Possession
What is the last date I can serve a s.21 notice?
Section 21 will be abolished for new possession claims after 1 May 2026 (“the Commencement Date”) and no new Section 21 notices can be served. A valid Section 21 Notice can be served up until the 30 April 2026. Possession proceedings will then need to be started by 31 July 2026. After the Commencement Date, landlords must rely on amended Section 8 grounds to regain possession. It is worth further noting that a s.21 notice cannot be served within the first four months of a tenancy and cannot expire during the fixed term period of the tenancy unless there is a break clause in the tenancy agreement that allows for this. The Section 21 notice itself must give at least two months’ before possession proceedings can be commenced.
Can I regain possession if I want to sell or move back in?
Yes, but only if strict conditions are met. Under Ground 1, possession may be recovered if the landlord or a qualifying family member intends to occupy the property as their main home. Under new Ground 1A, possession may be recovered if the landlord intends to sell the property or grant a long lease. In both cases, the tenancy must have lasted at least one year, four months’ notice must be given, and the property must not be re-let or advertised for up to 12 months after expiry of the notice.
Who can be considered a family member under Ground 1?
The Renters’ Rights Act has expanded the definition for qualifying family members under Ground 1. Family members can now include the landlord’s: spouse or partner, parents, grandparents, children and grandchildren (including step-children), siblings (including half and step- siblings).
What are the key changes to eviction grounds?
Changes include new and amended grounds for possession, such as:
- Ground 4A for student HMOs
- Ground 6A for compliance with enforcement action
- Increased rent arrears thresholds under Ground 8 (from two months’ to three months’ rent).
- Longer notice periods for Grounds 10 and 11,
- Immediate proceedings for serious offences or anti-social behaviour under Grounds 7A and 14, subject to court safeguards.
You therefore need to consider these factors when choosing your tenants as evictions will require evidence to be brought and cannot be on a ‘no fault’ basis as before.
What steps must I take before serving a possession notice?
Before serving a Section 8 notice, landlords must ensure the deposit has been protected in an authorised scheme or returned to the tenant and, once introduced in Phase 2, that they are registered on the Private Rented Sector Database. Failure to meet these requirements may prevent a possession order being granted.
Rent
How often can I increase the rent?
From the 1st May 2026, rent will only be able to be increased once per year using the statutory Section 13 notice process, with at least two months’ notice. There are no rent caps, but tenants may challenge increases they believe exceed market rent. Landlords and tenants may agree a lower rent than that stated in the notice.
Are rent review clauses still valid?
No. Rent review clauses will be void and unenforceable. Rent may only be increased using the Section 13 statutory process or by agreement with the tenant.
What are the new rules on rental payments?
Rent periods must not exceed one month and rent must be payable monthly or more frequently. From 1 May 2026, landlords must not accept more than one month’s rent in advance and only during the permitted pre-tenancy period. Clauses requiring more than one month’s rent in advance will be unenforceable, although tenants may choose to pay additional rent in advance voluntarily after signing.
Is rental bidding allowed?
No. Landlords and agents must advertise a fixed rent and cannot accept offers above the advertised amount. Applicants may offer less than the advertised rent.
Pets
Do I have to allow pets?
Tenants have a right to request a pet and landlords must consider requests reasonably. A request may only be refused for a good reason, such as a prohibition in a superior lease, genuine concerns about property suitability, severe allergies or safety concerns. Landlords cannot charge pet fees, pet deposits or require pet insurance, but may charge a higher rent where pets are permitted. It may be worthwhile specifying if pets are reasonably prohibited when advertising your property.
Discrimination
The Renters’ Right Act makes it illegal to discriminate against prospective tenants because they receive benefit or have children. You will continue to have the final say on who you let your property to and can carry out referencing checks to make sure tenancies are sustainable for all parties. You will be able to do this based on affordability. You can consider whether excluding prospective tenants with children represents a proportionate means of achieving a legitimate aim and you would need to be able to evidence your decision on a case-by-case basis.
Non-compliance
What penalties apply if I do not comply with the Act?
Penalties include civil fines of up to £7,000 for a first offence and up to £40,000 for repeated breaches, rent repayment orders of up to two years’ rent, restrictions on recovering possession, a 12-month restriction on reletting in some cases, and enforcement action by local authorities.