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 (APTs) bringing in a change to how tenancies can be ended by both tenants and landlords, changes to how rents can be increased and new anti-discrimination rules around marketing your properties.
See if this applies to your tenancies
Can I still grant fixed-term tenancies?
No. Fixed term tenancies are banned in England meaning that landlords who attempt to set fixed terms can face civil penalties of up to £7000. Existing fixed terms ended on 1 May 2026. There will be no further fixed-term renewals and tenancies will continue as a periodic tenancy until the tenant gives valid 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. 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 should have served 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 or use a tracked postal service. You cannot send a link to the Information Sheet. You must send the full document to each tenant.
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 with a written statement setting out information on key terms of the tenancy such as the rent, deposits, repair duties before the tenancy is agreed upon. This information can be included in your new tenancy agreements. A Gas Safety certificate, Electrical Installations Condition Report (EICR), an EPC (rating E or above) or registered exemption and deposit protection information must still be provided to tenants following implementation of the Renters' Rights Act. You must also check to see if you need a licence:
Guidance on written information that must be given to tenants
You no longer need to serve the government 'How to Rent' checklist.
Possession
Landlords can no longer issue a s21 notice to end a tenancy. Landlords must now rely on amended Section 8 grounds to regain possession.
Landlords who gave a valid section 21 or section 8 notice to their tenant before 1 May 2026 have one month to give their tenant the information sheet. This period runs from either the date the notice is no longer valid, or when the court process has finished. Possession proceedings will need to be started by 31 July 2026.
The Information Sheet must be given if the tenancy:
- is an assured shorthold tenancy
- becomes an assured periodic tenancy after 1 May 2026 due to the notice no longer being valid or court proceedings having concluded without possession having been granted.
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 if the sale does not go ahead.
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.
Repossessions 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?
Since 1 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 and not within the first year of tenancy. 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 in tenancy agreements will be void and unenforceable. Rent may only be increased using the Section 13 statutory process.
What are the new rules on rental payments?
From 1 May 2026, landlords must not accept or ask for more than one month's rent in advance, even accepting voluntary payments may constitute a breach of the Tenant Fees Act 2019 and incur a penalty. Landlords can only demand up to one month or 28 days if the rent payment period is less than one month rent in advance during the permitted pre-tenancy period which is once a tenancy agreement has been entered into but before the tenancy starts. 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.
Can a local authority pay more than one month rent in advance to secure a tenancy for someone?
Yes. A local authority can agree with the landlord to pay rent in advance on behalf of someone who is subject to a homelessness duty and for someone who is not subject to a homelessness duty to secure accommodation for them. The local housing authority can agree to pay in advance of a tenancy being entered into. The local authority is not deemed a 'relevant person' under the Tenant Fees Act 2019 and would therefore, not be in breach of the rules on rent in advance.
Pets
Do I have to allow pets?
Tenants have a right to request a pet and landlords must consider each request on its own merit and respond within 28 days. A request may only be refused for a good reason, such as a prohibition in a superior lease, genuine concerns about property suitability, other tenants with 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 or setting out a suitable pet policy referencing your expectations for the consideration of neighbours and the care of the animal, for example.
Discrimination
Landlords cannot refuse applicants solely because they receive benefits. Landlords and agents cannot market properties for let as No DSS or no children. Practices that exclude or discourage applicants in receipt of benefits are not allowed, such as requiring tenants in full time employment, or excluding income from benefits in the affordability checks or requiring guarantors for benefit claimants only. Decisions must be based on objective criteria such as affordability or credit history. Landlords will continue to have the final say on who they let their property to and can carry out referencing checks to make sure tenancies are sustainable for all parties.
Landlords and agents cannot discourage or prevent someone from renting a property because they have a child under 18 living with them or who might visit them. However, landlords can turn down an application on the grounds that the property is unsuitable for children, but they will need to be able to evidence their decision on a case-by case basis.
Landlords can no longer rely on the terms of their mortgage or lease agreement that prohibit them from renting to families or tenants on benefits as from 1 May 2026 these terms have no effect.
Landlord insurance products with similar terms will only remain valid until they are renewed. Upon renewal, such terms will be unenforceable.
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.