Landlords Corner - The Renters Rights Act - Preparing for Change
If you are still getting up to speed with 2026, it’s important to be aware there are significant changes looming in the rental market. At Trading Places, we know many landlords struggle with staying up to date with law changes, and this is a major concern for many professionals.
Changes To Tenancies
From May 2026, the rental landscape in England is shifting significantly. Here's what's happening:
● All tenancies become periodic
● Your current assured shorthold tenancies (ASTs) will automatically become assured periodic tenancies
● These run on a rolling basis (typically monthly)
● Fixed-term tenancies with end dates are being phased out
● No need to create new agreements if you already have written ones in place
● If you don't currently have a written agreement, you'll need to create one
● You must provide tenants with a government information sheet (to be published before May 2026)
Letting Out Your Property
Before tenancies begin:
You cannot request, encourage, or accept any rent payments before both you and your tenant have signed the tenancy agreement.
Fair access requirements:
● You cannot discriminate against tenants receiving benefits
● You cannot discriminate against families with children
Pet requests
Tenants can request to keep pets. You can only refuse if you have a valid reason.
Advertising your property
When advertising rental properties, you must:
● Publish a clear asking price (excluding 'to let' signs)
● Not encourage bidding wars
● Not accept offers above your advertised rent
Increasing Rent
How to increase rent:
● Complete form 4A (available on GOV.UK from 1 May 2026)
● Give your tenant at least 2 months' notice
● This is called the section 13 process
Limitations:
● Maximum of one increase per year
● Tenants can challenge increases they believe are above market rate
Evicting Tenants
Section 21 is abolished
The biggest change: you can no longer evict tenants without providing a reason. Section 21 "no-fault" evictions are ending.
What replaces it
You must now use section 8 notices with specific legal grounds for possession.
Notice periods
● Standard notice period: 4 months for most grounds
● Some grounds allow shorter notice periods
If selling or moving in
You cannot evict tenants for these reasons within the first 12 months of their tenancy. If you do serve notice to end the tenancy for these reasons you will not be permitted to re-let the property for 12 months.
Court process
If your tenant hasn't left after the notice period, you must apply to court for a possession order.
Deposit requirements
Courts will only grant possession orders if you have:
● Protected the deposit in a government-approved scheme
● Returned the deposit to your tenant (when applicable)
Special Circumstances - Student lettings
If you rent to full-time students on joint contracts in HMOs (not purpose-built student accommodation), you may use a new possession ground to relet for the new academic year. You must give notice of this at the start of the tenancy.
When A Tenant Owes You Rent
Courts must grant possession if tenants owe 3 months' rent
For less than 3 months' arrears, courts have discretion to allow tenants to stay
Tenant breaches
You can serve notice at any point during a tenancy if the tenant:
● Commits antisocial behaviour
● Damages your property
● Owes rent
Antisocial Behaviour
For antisocial behaviour cases, notice periods are shorter, and you can apply to court immediately to begin eviction proceedings.
When A Landlord Breaks The Law
Local council powers
Your local council will have enhanced powers to investigate and take action if you breach the new regulations.
Rent Repayment Orders (RROs)
● Tenants can apply to the First-tier Tribunal for RROs if you've committed certain offences
● Local councils can also apply for RROs regarding rent paid through Universal Credit
● The list of qualifying offences is expanding
● Maximum repayment period: increased from 1 year to 2 years' rent
What Should You Do Next?
We strongly recommend every landlord takes a deeper look into the Renters Rights Act, which you can do by clicking here
At Trading Places, we are working in line with these changes already. We have taken steps to ensure our software providers, systems and legal documentation are being updated. If you want complete peace of mind that your rental property complies with all regulations, make sure you work with a skilled and experienced agent.
We are ideally placed to manage your property or property portfolio, so if you are looking for guidance on the Local rental market, we are always here to assist you.
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