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Measures being introduced in phase one of Renters’ Rights Act 2025

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The measures in the Renters’ Rights Act 2025 (RRA 2025) will be introduced in three phases. This note sets out the measures which will be introduced in Phase 1 with effect from 1 May 2026. It will cover:

  1. Tenancies to which the RRA 2025 applies
  2. Prohibition on rent ‘bidding wars’
  3. Prohibition on advance rental payments
  4. No discrimination against renters with children or on benefits
  5. Requirement to provide tenant with a written statement of terms
  6. Right to keep pets with the landlord’s consent
  7. Impact on rent reviews
  8. Security of tenure and termination rights
  9. Transitional provisions
  10. Criminal offences and penalties for non-compliance

Phase 2, which will see the introduction of a new private rented sector database and landlord ombudsman scheme, is expected to come into force in late 2026. There is no timeline as yet for the implementation of Phase 3, which will see introduction of the Decent Homes Standard requiring landlords to take action to fix reported health and safety hazards within set time-limits. Phases 2 and 3 are beyond the scope of this note.

1. Tenancies to which the RRA 2025 applies

The RRA 2025 applies to all assured tenancies. A tenancy is an assured tenancy if:

  • The tenant is an individual or group of individuals;
  • The tenant or at least one of the joint tenants are occupying the property as their only or principal home; and
  • The tenancy is not one of the tenancies listed in Schedule 1 to the Housing Act 1988 that cannot be an assured tenancy.

As from 27 December 2025, the following tenancies can no longer be assured tenancies:

  • Tenancies granted for a term of more than 21 years;
  • Tenancies with a fixed term of between 7 and 21 years granted before 26 December 2025 or pursuant to a contract entered into before that date; and
  • Tenancies granted as part of a regulated home purchase plan.

The government’s implementation road map states that regulations will be made which will also exempt private purpose-built student accommodation (“PBSA”) from the assured tenancy regime. This exemption will apply to PBSA let or managed by a member of a government-approved student housing management code of practice.

2. Prohibition on rent ‘bidding wars’

Any advertisement to let a property must specify the proposed rent and landlords and agents must not invite, encourage or accept offers of rent higher than the advertised sum.

3. Prohibition on advance rental payments

Landlords and agents will be prohibited from inviting, encouraging or accepting payment of any rent or offer to pay rent before the tenancy is entered into (even if unsolicited).

Once the tenancy has started, the tenant cannot be required to pay rent more than a month in advance (although if tenant chooses to pay more than a month in advance, the landlord can accept the advance rent). This restriction will only apply to new tenancies granted on or after 1 May 2026, and the landlord can still require the first instalment of rent to be paid before the term begins (so long as the tenancy agreement has been entered into).

4. No discrimination against renters with children or on benefits

Discriminatory practices by landlords and agents against tenants with children or those claiming benefits will be outlawed, except where such discrimination is necessary to comply with an existing insurance policy which started before 1 May 2026 or, in relation to tenants with children, where it is “a proportionate means of achieving a legitimate aim” (for example, it will still be possible to restrict children in later living or student accommodation or to meet licensing conditions).

The terms of any superior leases, mortgages and in new insurance policies entered into or extended after 30 April 2026 which require the landlord to discriminate against such tenants will be unenforceable.

5. Requirement to provide tenant with a written statement of terms

5.1 Prospective Tenants

Landlords will be required to provide prospective tenants with a written statement of terms and other information before a tenancy is entered into (this information can be included in the tenancy agreement or given to the tenant separately). The government has now published a list of information which must be given to prospective tenants which is available online: Written information that must be given to tenants.

5.2 Existing Tenants

This requirement will not apply to existing tenancies. However, between 1 May 2026 and 31 May 2026, landlords must give all their existing tenants information about the changes made by the RRA 2025. The government has now published a standard form Information Sheet which is available online: The Renters’ Rights Act Information Sheet 2026.

Where properties are managed by letting agents, then the agent must provide the Information Sheet to the tenant, even if the landlord has also provided it.

Tenants must be given a hard copy or (if sent by email or text message) a PDF copy of the Information Sheet. It is not sufficient to send tenants a link to it.

6. Right to keep pets with the landlord’s consent

A tenant will have the right to keep a pet at the property with the landlord’s consent not to be unreasonably withheld. A request for consent must be responded to within 28 days although this can be extended in certain circumstances, including where the landlord reasonably requires further information (in which case, the request must be responded to within 7 days of that information being provided) or where a superior landlord’s consent is required.

It may be reasonable to refuse a request for consent to keep a pet in circumstances where another tenant has an allergy, the property is too small for a large pet or several pets, or if the terms of the landlord’s lease does not allow pets or the superior landlord refuses consent (there is no requirement for superior landlords not to unreasonably withhold consent). Concerns about potential damage to the property will not usually be a reasonable basis for withholding consent.

7. Impact on rent reviews

Contractual rent increases will no longer be permitted. Any rent increase clause in a tenancy agreement will be void from 1 May 2026.

To increase the rent under a tenancy, a landlord will need to serve a prescribed form notice giving at least two months’ notice of the proposed rent increase (this is known as the ‘Section 13 process’). The rent increase can only take effect at the beginning of a new rent period, and a landlord cannot increase the rent within the first 52 weeks of a tenancy or within 52 weeks of the last rent increase.

Tenants are able to challenge excessive rent increases in the First-tier Tribunal. However, the RRA 2025 makes two key changes to this process:

  • The rent will be the lower of the proposed rent or the open market rent; and
  • The rent increase cannot take effect prior to the Tribunal’s determination (although regulations may be made allowing this).

It is anticipated that the volume of applications made to the Tribunal will increase as a result of these changes as (a) tenants will have nothing to lose by making the application and (b) the effect of making an application is to delay a rent increase.

If a rent increase is challenged, there will be a knock-on effect on future rent reviews (given that there can only be one rent increase in any 52-week period) and review dates could end up differing across a landlord’s stock, creating additional administrative burden.

8. Security of tenure and termination rights

From 1 May 2026, all new and existing short-term assured tenancies (with some exceptions) will become periodic tenancies (known as “APTs”). This means that, rather than ending on a specified date, the tenancy will be ongoing until either the landlord or the tenant terminates it in accordance with the procedures set out below.

It will no longer be possible for a landlord to use “no fault” procedure under section 21 of the Housing Act 1988 to regain possession of their property.

Landlords and agents will be under a specific duty not to purport to grant a fixed term tenancy, or to terminate a tenancy otherwise and in accordance with the procedures set out below.

8.1 Termination by the tenant

A tenant will be able to terminate their tenancy at any time by giving the landlord 2 months’ notice (although the landlord and tenant can agree a shorter notice period).

There will be no minimum period before a tenant can give notice to end the tenancy. The duration of any tenancy will therefore be uncertain. Landlords could face significant additional costs and administrative burden if they are having to re-let their property on a frequent basis and there will be an increased risk of voids. Arguably, this is the biggest issue for landlords, particularly those who require security of rental income (for example, a landlord renting their home whilst they are living abroad).

8.2 Termination by the landlord

A landlord will only be able to terminate a tenancy using the procedure under section 8 of the Housing Act 1988 on one of the grounds set out in Schedule 2 to the Housing Act 1988 (the RRA 2025 has introduced new grounds and modified some existing grounds under section 8).

There are mandatory and discretionary grounds for requiring possession of a property under section 8. Where the ground(s) relied upon are discretionary, an order for possession is not guaranteed. Therefore, it will always be preferable to rely upon mandatory grounds. The grounds which we anticipate will be most commonly relied upon by landlords are set out in the table below.

Possession proceedings under section 8 will require a court hearing. It can already take some time for a hearing to be listed, and this delay is likely to get worse following the abolition of the section 21 “no fault” eviction process. The government has stated that funding will be provided to the courts to ensure that they have the resources and capacity to handle the additional workload these reforms will generate. Nevertheless, it is likely to take longer, and cost landlords more to recover possession of their property under this new regime.

Ground

Notice Period/Restrictions

Mandatory Grounds
Occupation by the landlord or a family member (Ground 1) · 4 months’ notice
· Cannot terminate within first 12 months
· Cannot re-market for rent/re-let property for 12 months
________________________
Sale of the Property (Ground 1A) · New Ground
· 4 months’ notice
· Cannot terminate within first 12 months
· Cannot re-market for rent/re-let property for 12 months
________________________
Sale by mortgagee (Ground 2) · 4 months’ notice
· Requirement to give notice prior to entering tenancy dropped
________________________
Superior long lease ending
(Grounds 2ZA-D)
· 4 months’ notice
· Superior lease will come to an end within 12 months or within 6 months of the lease ending
________________________
Student accommodation
(Ground 4A)
· New ground
· 4 months’ notice to terminate between 1 June and 30 September
· Only applies to HMOs where all tenants are full time students
· Tenants must be given a written statement of the landlord’s intention to rely on this ground before start of tenancy
________________________
Redevelopment (Ground 6) · 4 months’ notice
· Cannot terminate within first 6 months
· Demolish or substantially develop the property which cannot be done with the tenant in situ
· Social landlords will need to provide alternative accommodation
________________________
Discretionary Grounds
Severe antisocial or criminal behaviour (Ground 7A) · No minimum notice period (landlord is able to commence possession proceedings immediately)
· Applies where a tenant or a person living with them or visiting them is convicted of criminal behaviour or breached an order to prevent anti-social behaviour
________________________
Serious rent arrears (Ground 8) · Amended ground
· 4 weeks’ notice (increased from 2 weeks)
· Tenant must owe 3 months’ or 13 weeks’ rent arrears (increased from 2 months) when the Section 8 Notice is served and at the date of the hearing
________________________
Any rent arrears (Ground 10) · 4 weeks’ notice (increased from 2 weeks)
· Rent must remain unpaid by the time possession proceedings are started
________________________
Persistent rent arrears (Ground 10) · 4 weeks’ notice (increased from 2 weeks)
________________________
Breach of any other obligation of the tenancy (Ground 12) · 2 weeks’ notice
________________________
Anti-social behaviour (Ground 14) · No minimum notice period (landlord can start possession proceedings immediately)
· Court must consider whether the tenant has co-operated with the landlord and, if the property is an HMO, the effect of the conduct on other occupiers
________________________

9. Transitional provisions

9.1 Section 21 Notices and possession proceedings commenced prior to 1 May 2026

The RRA 2025 will not affect possession proceedings commenced prior to 1 May 2026.

A landlord can still serve a section 21 notice prior to 1 May 2026. If it does so, possession proceedings in reliance upon that notice must be commenced within 6 months from the date of service of the notice or (if earlier) by 31 July 2026.

9.2 Restrictions on subletting under superior leases

Superior leases which only permit subletting on assured shorthold tenancies will be read so as to allow subletting on an APT.

10.  Penalties for non-compliance and new criminal offences

The RRA 2025 imposes penalties for breach of the requirements of the Act and creates new criminal offences. Initial or less serious breaches of the RRA 2025 carry a maximum fine of £7,000. Serious, persistent or repeated breaches carry a maximum fine of £40,000 (where a penalty is imposed rather than criminal prosecution).

The RRA creates new criminal offences including:

· Knowingly or recklessly misusing a possession ground
· Contravening the restrictions on re-letting or marketing for rent a property where possession has been obtained
· Persistent or repeated breaches of other requirements

Landlords who commit these offences could be subject to Rent Repayment Orders and/or face criminal prosecution.

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