The Renters Rights Act (“RRA”) represents the most significant reform of the private rented sector in England for a generation. Its stated aim is to rebalance the relationship between landlords and tenants, while professionalising rental practices and improving security of tenure.
The majority of the key provisions come into force on 01 May 2026 and apply to both new lettings and existing Assured Shorthold Tenancies (ASTs). Landlords should therefore be aware that the Act has immediate and wide‑ranging implications for their current portfolios as well as future acquisitions and lettings.
The principal reforms include:
All new and existing ASTs will automatically transition to Assured Periodic Tenancies (APTs). Tenancies will no longer have a fixed term or contractual end date.
Landlords will no longer be able to recover possession using Section 21 notices. Possession may only be obtained by establishing one of the revised statutory grounds under Section 8.
Rent increases will generally be limited to once in any 12‑month period and must follow the statutory notice procedure. Tenants will have enhanced rights to challenge rent increases they consider excessive or unjustified.
Landlords and agents must advertise a fixed asking rent and are prohibited from inviting or accepting offers above that figure. In addition, there are restrictions on the amount of rent that can be demanded in advance.
These include strengthened rights for tenants to request permission to keep pets, and prohibitions on discrimination against tenants with children or those in receipt of benefits.
For new tenancies granted after 01 May 2026, landlords must provide a written statement of key tenancy terms.
For existing ASTs, a prescribed government information sheet must be given to each tenant by 31 May 2026.
For all new lettings entered into on or after the commencement date:
• Tenancies must be granted as Assured Periodic Tenancies from the outset. Fixed terms and contractual end dates will no longer be permitted.
• Tenants may bring the tenancy to an end by providing a minimum of two months’ notice.
• Landlords may only recover possession by establishing a statutory ground, supported by evidence where required.
• Rent increases must follow the statutory Section 13 notice process, rather than contractual rent review clauses.
• Pre‑letting practices must comply with the bidding ban, advance rent restrictions, and anti‑discrimination rules, which may require changes to marketing and referencing procedures.
For ASTs already in existence at commencement:
• All fixed terms will fall away, and tenancies will automatically convert into Assured Periodic Tenancies.
• Section 21 notices will no longer be valid, regardless of when the tenancy originally commenced.
• Contractual rent review clauses will cease to be enforceable, with rent increases instead governed exclusively by statute.
Landlords should therefore review existing tenancy documentation and management practices to ensure alignment with the new legal framework.
The RRA has important implications for property transactions involving let property.
As possession will now always require reliance on Section 8 grounds, possession timelines are likely to be less predictable. Where a property is sold with tenants in situ, there is an increased risk of delayed completion if vacant possession is required.
Buyers of tenanted properties should be aware that all tenancies are now periodic, with no fixed termination date, and may be brought to an end by the tenant on notice.
Tenancy agreements should be scrutinised carefully during the conveyancing process, particularly with regard to:
• Non‑enforceable rent review provisions; and
• Compliance with statutory rent increase procedures, including the requirement for two months’ notice under Section 13.
Landlords must also ensure compliance with the written information requirements under the RRA. Failure to provide the official RRA Information Sheet to existing tenants by 31 May 2026 may result in a civil penalty of up to £7,000.
Landlords seeking to sell with vacant possession may rely on Ground 1A, which permits possession where the landlord intends to sell. However, unlike the former Section 21 procedure, this ground requires evidence‑based justification and is therefore likely to be more time‑consuming and open to challenge.
Landlords should be advised that the RRA is likely to result in increased litigation risk generally, as tenants benefit from stronger statutory protections and possession claims must be robustly evidenced. Early legal advice and careful planning will therefore be essential.
Should you require further information or advice in relation to landlord and tenant law, property transactions, or conveyancing matters, please do not hesitate to contact Mr Bill Dhariwal, Solicitor and Director (E: bill.dhariwal@lawcomm.co.uk) or Sam Nolan (E: sam.nolan@lawcomm.co.uk).
The contents of this article does not constitute legal advice. Law correct as at date of publication only.
