
The Renters’ Rights Act 2025 has fundamentally changed the way in which private landlords let properties in England, and has made sweeping changes to the Housing Act 1988 and other legislation.
The Act intervenes in the contractual relationship between landlords and tenants, regulating every step in the tenancy life cycle, and increasing penalties for landlords and letting agents who break the new rules.
This practical guide explains the 12 key provisions in the Renters’ Rights Act 2025, including the new assured periodic tenancy regime, with links to my other content on the specific provisions.
I cover all 12 of these provisions in detail in my bestselling book, The Good Landlord Handbook, which takes you through each stage of a tenancy with the Renters’ Rights Act woven throughout.
For ongoing support, templates and community, you can join The Independent Landlord Hub.
I keep this blog post updated to reflect changes.
Last updated: 9 October 2026
>> Related Post: Renters’ Rights Act implementation guide
The 12 key provisions in the Renters’ Rights Act at a glance
- Overview of the new assured periodic tenancy system
- 1. The new assured periodic tenancy
- 2. Abolition of Section 21 Housing Act 1988
- 3. Changes to the Section 8 HA88 Grounds for Possession
- 4. New procedure for increasing rent
- 5. Ban on encouraging, inviting or accepting rental bidding
- 6. Right for tenants to request consent for a pet
- 7. Private Rented Sector Landlord Ombudsman
- 8. Private Rented Sector Database (aka Register your rental property)
- 9. Decent Homes Standard for the PRS
- 10. Awaab’s Law – remedying hazards in the private rented sector
- 11. Rental discrimination: No direct or indirect bans on children or benefit claimants
- 12. The “AST trap” for long leases with ground rent over £250 has ended
- Final thoughts
Overview of the new assured periodic tenancy system
The government press release following Royal Assent hailed the Renters’ Rights Act as marking “the biggest leap forward in renters’ rights in a generation […] empowering renters with greater security, rights, and protections”, levelling “decisively the playing field between landlord and tenant and transform the experience of private renting.”
At the heart of the Act is the new assured periodic tenancy, which will become the default tenancy in England on the “Commencement Date”.
The Commencement Date was on Friday 1 May 2026, and that’s when all existing assured shorthold tenancies (AST) became assured periodic tenancies, and when it became no longer possible to enter into fixed term tenancies with tenants for assured periodic tenancies.
What happened on the Renters’ Rights Act Commencement Date (1 May 2026)?
The following came into effect on 1 May 2026:
- Landlords can no longer issue any new Section 21 notices and now need to use one of the grounds under Section 8 if they wish to evict tenants.
- Both existing and new tenancies are periodic. This means they are open-ended, running from month to month without fixed terms.
- Tenants can terminate at any time with two months’ notice (or less if the tenancy agreement states a shorter notice period, eg one month’s notice). Unlike the Conservatives’ Renters (Reform) Bill, there is no minimum period in the Renters’ Rights Act. This means a tenant can even give notice on day one of the tenancy.
- Landlords must use an amended Section 13 Housing Act procedure (with a new Form 4A) if they wish to increase rent. There is a new prescribed form, called Form 4A.
- Landlords can no longer insist on tenants paying rent in advance.
- Rental discrimination was banned.
- Tenants have an implied right to have pets.
- Landlords must give tenants a “written statement” of the terms of the tenancy. (The easiest way is to include this in an assured periodic tenancy agreement). See Renters’ Rights: Written Statement of Terms Explained.
- Local authorities have enhanced powers to issue civil penalties on landlords.
For those of you who like to watch content, the YouTube video below from The Independent Landlord YouTube Channel is a straightforward guide that explains the implementation details. (This was published before the implementation on 1 May 2026).
1. The new assured periodic tenancy
The Renters’ Rights Act abolished assured shorthold tenancies (ASTs) on the “Commencement Date”, 1 May 2026, and all tenancies are now periodic, with the maximum rent period of one month. Section 1 RRA refers to these new tenancies as “Section 4A assured tenancies”.
Unlike the Renters (Reform) Bill, there is not a delayed implementation period for those existing ASTs already in place.
The Guidance says that all existing tenancies converted to Section 4A assured periodic tenancies on the Commencement Date. This includes existing fixed term tenancies. The tenancy periods are the same duration as the period rent is paid for. If the rent is paid per calendar month, it is a monthly periodic tenancy. For the few tenancies where the tenant pays weekly, it is a rolling weekly tenancy.
Note that the tenancy reforms only apply to Assured Periodic Tenancies from 1 May 2026. This means, for instance, they do not apply to high rent tenancies (annual rent above £100k), agreements with lodgers, leases to companies and tenancies regulated by the Rent Act 1977.
>> Related Post: Step-by-step guide to entering into a new Assured Periodic Tenancy
No minimum tenancy term
Since 1 May 2026, it has not been possible to have minimum tenancy term or fixed term for new or existing assured periodic tenancies. This is true even if the tenancy agreement states there is a fixed term.
Also, Section 13 RRA sets out a new legal duty for landlords and letting agents not to “purport to let […] for a fixed term”. Section 15 RRA includes this in the list of breaches in a new Section 16I of the Housing Act 1988 for which a local authority may impose a civil penalty of up to £7,000.
Tenants can give 2 months’ notice to quit at any time
Under Section 20 RRA, tenants can serve two months’ notice to quit from day one of the tenancy. Before 1 May 2026, tenants were unable to serve a valid notice to quit to expire during a fixed term, unless it had a break clause or the landlord agreed to release them, effectively “locking” them in for the fixed term period. That has now ended.
Note that if the tenancy agreement refers to a shorter notice period, for instance one month, that prevails. But if there is a longer notice period or a break clause, the two month notice applies instead.
The Explanatory Notes (para 204) clarifies that the notice to quit is subject to the existing common law rule that the notice must expire at the end of a rent period. “The default period of notice required is not less than two months before the end of a period of the tenancy”.
Consequently, unless the tenant gives precisely two clear months’ notice to expire at the end of a rent period, it’s likely that the actual notice that the landlord can require is between two to just under three months.
The landlord can agree to waive part of the notice period, although if it’s a joint tenancy, all of the joint tenants need to agree to a shorter period and all need to agree with the landlord to have a shorter notice period.
Under Section 21 RRA, the notice just has to be in writing, and a landlord cannot stipulate the form. For instance, it can be by email or text.
>> Related Post: Tenant guide: How to end a tenancy with a valid notice to quit
Fixed term tenancies banned since 1 May 2026
Section 1 of the Act states: “Terms of an assured tenancy are of no effect so far as they provide for a tenancy to be a fixed term tenancy”.
Landlords must not “purport to let” a property for a fixed term period after 1 May 2026, and the local authority can impose a civil penalty up to £7,000 for doing so. (See Section 13 and Section 15).
This means that if a landlord or a letting agent tells a tenant that they are in a fixed term on or after 1 May 2026, the tenant can report them and the local authority may impose a civil penalty.
A rent period cannot be longer than one month
As part of the change to assured periodic tenancies, rent periods cannot be longer than one calendar month. (See Section 1 RRA).
Rent periods for existing tenancies need to be pro-rated if they are longer than one month, using a formula in Section 1(6) RRA.
Banning of rent in advance
Section 9 RRA prevents landlords and letting agents from “inviting or encouraging” or accepting payments of rent from the tenant or someone “acting on behalf of, or who has guaranteed the payment of rent by, a tenant” before the tenancy agreement is “entered into” by both the landlord and the tenant.
If a landlord or letting agent does this, it is now a “prohibited pre-tenancy payment” under the Tenant Fees Act 2019.
This means that landlords and letting agents cannot ask for or accept for the first month’s rent to be paid before the parties all sign (for new tenancies from 1 May 2026).
Once the agreement is signed, a landlord can require the payment of a maximum of one calendar month’s rent (or 28 days’ rent for tenancies with rental periods of less than one month).
However, any clause in a tenancy agreement which requires a tenant to pay rent in advance (eg quarterly or termly rent) is now unenforceable. (See the new Section 4B(1) of the Housing Act 1988, in Section 8 RRA).
See Section 8 for the rules on payments once the tenancy has been entered into, including the payment of the initial rent.
Section 8 RRA makes clear that existing tenancies which contain clauses which require the tenant to pay rent in advance are affected as the prohibition on rent in advance “does not apply to a tenancy entered into before the commencement date” (see the new Section 4B(2)(a) of the Housing Act 1988 in Section 8).
>> Related Post: New rules ban rent in advance in Renters’ Rights Act
>> Related Post: The Renters’ Rights Act and students
2. Abolition of Section 21 Housing Act 1988

Section 2 RRA abolished Section 21 by removing Chapter 2 of Part 1 of the Housing Act 1988 (Assured Shorthold Tenancies), which included Section 21.
The Act abolished Section 21 for both new and existing tenancies on 1 May 2026.
The government justified this by saying “this single date will prevent a confusing 2-tier system, and give all tenants security immediately”.
For Section 21 notices that were pending on 1 May 2026, landlords have up to 3 months (31 July 2026) to bring proceedings for an order for possession (depending how far in advance the notice was served).
This means the last date a Section 21 notice could be served was 30 April 2026.
>> Related Post: Section 21 abolished: What has replaced no fault evictions?
3. Changes to the Section 8 HA88 Grounds for Possession
The Guidance Notes state that they “believe landlords must enjoy robust grounds for possession where there is good reason to take their property back. To support this, the Act clarifies and expands grounds for possession, while ensuring tenants are protected from arbitrary eviction and given enough time to find a new home”.
The Act introduced a couple of new Grounds for Possession to Section 8 of the Housing Act 1988 (HA88) for the private landlord, and amended the key rent arrears ground. It also extended the notice period for many key grounds.
The landlord cannot obtain an order for possession unless they have either paid the deposit into an authorised tenancy deposit scheme and serve the prescribed information before serving the Section 8 notice, or they have returned the deposit.
The only exception to the requirement regarding the deposit is for Grounds 7A and 14 (anti-social behaviour). However, unlike Section 21 notices, a landlord can obtain an order for possession if they haven’t provided a gas safety certificate, EPC or How to Rent guide (the latter was withdrawn on 1 May 2026).
“Knowingly or recklessly mis-using a possession ground” has been added to the list of offences in Section 40 Housing and Planning Act 2016, for which the First-tier Tribunal can impose a Rent Repayment Order, of up to 2 years’ rent.
I go into each of these grounds in practical detail in Chapter 15 of The Good Landlord Handbook, including how to use them, the evidence you’ll need, and the restricted re-letting periods.
But here’s a summary of the key changes to the Section 8 HA88 Grounds for Possession for private landlords – see Schedule 1 RRA. The new notice periods are in Section 3(3)(c) RRA.
- New Mandatory Ground: Sale of property (Ground 1A)
- A landlord can give 4 months’ notice to a tenant if they wish to sell the property. The relevant date (when the 4 month notice period expires) cannot be until after the first 12 months of the tenancy, the protected period.
- The landlord cannot market or offer the property for letting or a licence to occupy (eg Airbnb) for a restricted period starting from the date the notice is served, and ending 12 months after the date the notice period expires and the earliest date proceedings for possession will begin or 12 months from the issue of any particulars of claim for a possession claim.
- In other words, allowing for the 4 month notice period, a landlord is forbidden from re-letting the property for a minimum 16 months from the date the notice is served, depending how on the length of the notice period.
- Change to existing Mandatory Ground: Occupation by landlord or family (Ground 1)
- Ground 1 has been amended so that the relevant date cannot expire in the protected period, ie as per Ground 1A.
- The definition of family includes: the landlord’s spouse, civil partner, or a person with whom they live as if married or in a civil partnership (and that person’s children and grandchildren). It also includes the landlord’s parents, grandparents, siblings, children, or grandchildren. It doesn’t include nieces, nephews, uncles and aunties.
- It also includes “a relationship of the half-blood”.
- The landlord cannot re-let or offer a licence to occupy for the same restricted period as Ground 1A.
- Change to existing Mandatory Ground: Serious rent arrears (Ground 8)
- Tenants need to have at least 3 months of rent arrears (instead of the current 2 months), both when the notice is served and at the date of the hearing.
- The notice period has increased from 2 weeks to 4 weeks.
- New Mandatory Ground for Possession: Student HMOs (Ground 4A)
- Very narrow new Ground where HMO landlords must serve 4 months’ notice, which can only expire from 1 June to 30 September each year.
- The Bill was amended at the Report Stage to state that landlords cannot use the ground if they entered into the tenancy agreement more than six months before “the tenant was entitled to possession” of the property.
- The tenants must meet the student test, ie they must be full-time students. The landlord must reasonably believe they meet the student test when they use the ground, and they must intend to re-let the property to full-time students.
- Other new Grounds for Possession
- There are other new Grounds for Possession eg for agricultural workers, ministers of religion, supported living and social housing.
>> Related Post: How to evict tenants using Section 8 (Renters’ Rights)
>> Related Post: Grounds 1A and 1: How to evict tenants to sell up or move in
4. New procedure for increasing rent
Increasing rent
Section 6 RRA changed the rules for increasing rent by amending Section 13 HA88.
Landlords can now only increase rent once a year by following the Section 13 procedure. This means they need to issue the statutory notice, a new Form 4A to the tenants, which they need to download from the government website.
Landlords need to give at least two months’ notice of the rent increase to expire at the end of a rent period. This doubles the previous notice period.
Any rent review clauses or agreements to increase the rent are no longer valid.
However, if a landlord has issued a Section 13 notice, they may agree a lower amount with the tenant. (This is in the revised Section 13(4)(b) Housing Act 1988, amended by Section 6(6) RRA).
The landlord and tenant can agree to decrease the rent at any time as well.
>> Related Post: How to increase rent with Form 4A Notice (Section 13)
Tenants’ right to challenge the proposed rent increase
Section 7 RRA makes it easier and less risky for tenants to challenge rent increases.
For Section 13 rent increases since 1 May 2026, there are new rules for challenging rent increases.
Tenants can challenge the notice free of charge at the First-tier Tribunal (FTT) in the two month period before the rent increase date specified in the statutory notice, the new Form 4A.
The FTT has the power to reduce the rent if the rent is above the market value. The rent increase won’t come into effect until the next payment date after the tribunal makes a “determination”, and the FTT can delay the start of the new rent by two further months in the event of “undue hardship”.
Note that the Secretary of State has the ability to change the date the rent increase comes into effect by regulation, so that it could be backdated to the date in the Section 13 notice, should the Secretary of State decide to introduce regulations.
Assuming the Secretary of State does not backdate the effective date of the rent increase, it could be as long as 6 months before a rent increase comes into effect after the landlord serves the notice, when taking into account the time it will take for the FTT to hear the case and make a determination.
Tenants have nothing to lose by challenging the rent, other than the court fee of £47. Even if the rent increase is well below the market rent, the increase will be delayed until the FTT makes a determination. This is likely to lead to backlogs in the FTT.
Here is an example of a decision by the FTT for a property in East Sussex where the FTT determined the market rent to be £25 pcm less than the requested rent, but still an increase in the rent of 35%.
Before 1 May 2026, the FTT could set the rent at a higher amount than the requested rent, should they believe the requested rent is below the market rent. The Renters Rights Act changed this so that the FTT is now only able to accept the proposed rent, or set a lower rent if they determine the market rent is lower.
>> Related Post: Section 13 rent increase challenges: First-tier Tribunal process and cases
Tenants’ right to challenge the amount of rent in the first 6 months
Section 7 RRA also has made it easier for tenants to challenge the amount of rent in the first six months of a tenancy.
Although tenants could previously challenge rent in the first six months of a tenancy under the old Section 22 of the Housing Act 1988, the FTT could only reduce the rent if it is “significantly higher than the rent which the landlord might reasonably be expected to be able to obtain under the tenancy” for similar houses let in the locality.
However, under Section 7 RRA, the test for challenging the rent in the first six months is the same as for challenging rent increases, namely whether or not it is above the “open-market rent”.
This came into effect on 1 May 2026.
>> Related Post: The new rules about rent in the Renters’ Rights Act
>> Useful resource: Rent decisions by the First-tier Tribunal
5. Ban on encouraging, inviting or accepting rental bidding
Chapter 6 of Part 1 RRA introduced new rules which ban “rental bidding”, which came into effect on 1 May 2026.
When landlords (or agents) list or otherwise offer a property to rent, they now need to specify the proposed rent in writing.
Landlords and agents are not only unable to encourage or invite an applicant to offer a higher rent, but they are unable to accept an offer of rent that is higher than the proposed rent.
If a local authority finds on a balance of probabilities that a landlord or a letting agent has breached these obligations, they receive a civil penalty of up to £7,000 for an initial breach, which can increase to £40,000 for subsequent breaches.
Also bear in mind that tenants can challenge the initial rent in the first six months of a tenancy, so make sure you keep evidence that this was the market rent (for instance, the number of serious applicants who wanted the property).
>> Related Post: The rules about asking rents and rental bidding in Renters’ Rights Act
>> Related Post: Landlord fines and penalties in the Renters’ Rights Act
6. Right for tenants to request consent for a pet
Section 11 RRA sets out the new rights for tenants to ask their landlord for consent to have a pet that came into effect on 1 May 2026.
The landlord cannot turn down the request unless they have a good reason. This includes a prohibition in any superior lease.
This right doesn’t apply to applicants, only tenants, which means that landlords can still technically say “no pets” on any listing or advertisement.
The landlord has 28 days to respond to the tenants with their decision.
The tenant can appeal against a refusal by escalating a complaint to the PRS Landlord Ombudsman, once it’s launched in 2028, or by taking the case to court. As the Ombudsman will be free, it’s likely that’s what most tenants will do. Both parties will be able to submit evidence to the Ombudsman.
The definition of pet is wide, and refers to an animal kept mainly for “personal interest, companionship, ornamental purposes” or any combination.
The original draft of the Renters’ Rights Bill (and the Renters (Reform) Bill) contained wording to make it an implied term of every tenancy that the tenant must comply with a request by the landlord to take out insurance for pet damage themselves or to reimburse the landlord for their reasonable costs of having pet insurance. This was to be a specific permitted payment under the Tenant Fees Act 2019.
However, the government removed this in the House of Lords, which means that landlords are not permitted to require tenants to take out insurance for pet damage.
An amendment to allow landlords to charge a “pet deposit” of up to 3 weeks’ rent never made it into the final version of the Act.
For more detail on pets, see the Related Posts below.
>> Related Post: Tenants’ rights to have pets in Renters’ Rights Act
>> Related Post: How to reduce the risk of pet damage
>> Useful Resource: Model pet policy for landlords
7. Private Rented Sector Landlord Ombudsman
Chapter 2 of Part 2 RRA introduces a Private Rented Sector Landlord Ombudsman Service (called the Landlord Redress Scheme in the Act). All “residential landlords” in England with assured tenancies will be legally obliged to join it, including those who use a letting agent or a managing agent who is a member of a redress scheme.
See Section 63 RRA for the definition of “residential landlord” (short version is that it includes Assured Periodic Tenancies and Rent Act tenancies).
Prospective, current and former tenants will be able to make a complaint to the Ombudsman free of charge. It provides an alternative to complaining to their council or taking legal action in the courts.
Landlords will need to join before they market a property for letting.
Local authorities may impose a civil penalty on landlords of up to £7,000 for failing to join the Ombudsman, and letting agents who market a PRS property where the landlord is not registered. This increases to £40,000 for repeat or ongoing offences.
The Act gives the First-tier Tribunal the right to award a rent repayment order for “continuing or repeat breaches” of the Ombudsman, adding it to Section 40 of the Housing and Planning Act 2016, and is in the list of offences subject to rent repayment orders.
Landlords will be legally obliged to comply with the Ombudsman’s decisions, and failure to comply is subject to local council enforcement action, as above.
The details have not yet been published. It is expected that it will be the Housing Ombudsman (who deals with social housing), but this has not been definitively confirmed.
The Implementation Roadmap states that it is likely that landlords will be required to join the Ombudsman in 2028.
>> Related Post: The plans in the Renters’ Rights Act for the PRS Landlord Ombudsman
8. Private Rented Sector Database (aka Register your rental property)
Chapter 3 of Part 2 RRA sets up a PRS Database which landlords will be legally obliged to register both themselves with and their properties. There will be civil penalties if they market or let out a property without registering it and providing the required information. It will be called the “Register your rental property” service.
The database will be rolled out on a region-by-region basis from 15 December 2026, with landlords having three months to register their rental properties after the database is launched in their area.
If landlords don’t register, they won’t be able to get an order for possession (apart from Grounds 7A and 14 for tenant anti-social behaviour). Local councils will be able to impose a civil penalty on landlords of up to £7,000 if they don’t join the database before they let or advertise a property. This can increase to £40,000 and result in criminal prosecution.
It will cost landlords £65 to register each rental property, and they will need to renew the registration on an annual basis.
The Guidance refers to it as a “one stop shop” for landlords, where they’ll be able to access guidance through a “single front door”, which will ensure “landlords have access to simple up-to-date information about their responsibilities”. This promises to be helpful for self-managing landlords in particular.
During the Committee Stage of the Bill, Matthew Pennycook made it clear the database would operate alongside selective licensing. He said the “database is not designed to replace selective licensing. Unlike the database, selective licensing schemes aim to target specific local issues in specific local geographies by enabling more intensive practical enforcement strategies. We believe that selective licensing is a valuable tool when used appropriately and combined with other measures. It enables local authorities to drive better outcomes for local residents, tenants and responsible landlords”.
For full details on the “Register your rental property” service, see the related post below.
>> Related Post: The PRS Database: how to register your rental property
9. Decent Homes Standard for the PRS
Part 3 RRA amends the Housing Act 2004 to include a new system for assessing housing conditions and enforcing housing standards. The Secretary of State has the power to “specify requirements to be met by qualifying residential premises” in regulations.
When it comes into force, there will be a legal obligation for properties in the private rented sector, including HMOs, which are let under an assured tenancy or the Rent Act 1977 to meet the Decent Homes Standard.
The Secretary of State also has the power to extend the DHS to licences to occupy and other types of tenancies (such as high rent tenancies) by regulation. Local authorities will have a new power to issue civil penalties of up to £7,000, introducing a package of investigatory powers and bringing in a new requirement for local authorities to report on enforcement activities.
Following a consultation, the government confirmed that homes in the private rented sector will need to meet the DHS from 2035.
To meet the Decent Homes Standard, a property will need to meet the following 5 criteria:
- Criterion A: Meets the current statutory minimum standard (free of any serious Category 1 hazards)
- Criterion B: Meets a reasonable state of repair
- Criterion C: Has core facilities and services
- Criterion D: Provides a reasonable degree of thermal comfort (it will be EPC C from 1 October 2030)
- Criterion E: Is free of damp and mould
For more detail, see the Related Post below.
>> Related Post: The new Decent Homes Standard for the private rented sector
10. Awaab’s Law – remedying hazards in the private rented sector

Awaab’s Law is the name given to Section 42 of the Social Housing (Regulation) Act 2023, which introduces an implied term into social housing tenancy agreements to “take action, in relation to prescribed hazards which affect or may affect the leased dwelling, within the period or periods specified in the regulations”.
It is named after Awaab Ishak, the toddler who died of a severe respiratory condition caused by mould in the social housing flat in which he lived with his parents.
Section 60 RRA will extend Section 42 to the private rented sector, and require private landlords under an assured tenancy to address hazards, such as damp and mould, within specified time periods. The details will be set out in regulations, after consultation.
Section 61 RRA gives the Secretary of State the right to extend the DHS to licences to occupy,
The government launched a consultation on 9 October 2026 on how to roll-out Awaab’s Law to the private rented sector. You can read more in the related post below.
>> Related Post: Awaab’s Law for private landlords: what it is and when it will apply
11. Rental discrimination: No direct or indirect bans on children or benefit claimants
Chapter 3 of Part 1 RRA has banned “rental discrimination” from 1 May 2026, and landlords and agents are prohibited from having blanket bans on renting to people who receive benefits or who have children.
They also cannot discriminate indirectly against people who receive benefits or have children, for instance, by saying prospective tenants must have a “professional job” or permanent employment.
The ban on rental discrimination also applies to Scotland and Wales, as well as England.
This means that landlords and letting agents need to consider all prospective tenants on individual merits (e.g. their ability to afford the rent) rather than disqualifying them because of family status or income source.
The Act extends the rental discrimination prohibition to lease agreements, mortgages and insurance contracts, by saying that any term in a contract has no effect.
Landlords can still turn down applicants on the grounds of affordability. This is because the Act explicitly states that landlords may still take a “person’s income into account when considering whether that person would be able to afford to pay rent under a relevant tenancy”. They can say that a property is not suitable for a family if, for instance, it would lead to overcrowding.
>> Related Post: The rules about rental discrimination in the Renters’ Rights Act
12. The “AST trap” for long leases with ground rent over £250 has ended
This came into effect on 27 December 2025. Where ground rent for long leases previously exceeded £1,000 in London and £250 outside of London, the lease was considered as an Assured Shorthold Tenancy if the property was the leaseholder’s only or principal dwelling. This meant that the landlord had the right to serve a Section 8 HA88 Notice using the Mandatory Ground 8 regarding rent arrears if the annual ground rent is more than three months in arrears.
This was called the “AST trap”, as a long lease that was never intended to be a short-term tenancy agreement could be treated as an AST, and the freeholder was able to use Ground 8 to obtain an order for possession for the property.
Clause 31 RRA brought an end to the AST trap by stating that tenancies of more than seven years cannot be Assured Tenancies. This means that Section 8 does not apply to new long leases of more than 21 years, and existing leases over 7 years.
This came into effect on 27 December 2025, which is two months after Royal Assent (see Section 145(5)).
>> Related Post: The end of the ground rent “AST Trap” for leaseholders
Final thoughts
There’s a lot for landlords and letting agents to adapt to now that the tenancy reforms have come into force.
I keep this blog post updated, and also flag significant developments in my free weekly newsletter for landlords and all those in the private rented sector.
You can sign up to my free newsletter by using the form below.
If you want the complete picture on how to comply with the Renters’ Rights Act at every stage of a tenancy, The Good Landlord Handbook covers all of this and more.
Book buyers also get a £10 discount on membership of The Independent Landlord Hub, where you’ll find assured periodic tenancy agreement templates, checklists, courses and community support.
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These changes amount to the slaughter of the PRS/BTL miracle that currently houses 11 million people.
A social tragedy in the making.
Thanks for the clarity. Your point about ‘New procedure for increasing rent’ rings alarms bells and unfairness to reasonable LLs to increase rent. Lets hope that the NRLA lobby against ‘reasonable rent rises’ not being back dated.
I do feel that PRS is very fragile at the moment and would not take much to break it so in 5 years someone might be inheriting a ‘broken’ PRS sector!
It seems unfair that rent increases can not become effective until the Tribunal has made a determination. Landlords will be out of pocket if the Tribunals are overwhelmed. It might be better to limit applications to only those where the Landlord wishes to increase rent by more than CPIH?
Rent in arrears!
You’ll never get the last month’s rent!
Under point 5 regarding landlord obligations it says unlike S21 non-compliance with a GSC possession can still be achieved. With regard to the tenancy deposit can new possession grounds be used if a deposit it registered late, like now?
How will rent rises work if they are based on comparables? Comparables are historic so let’s say you want to raise by CPIH. Who leads the charge if all comparables are historic? You raise rent tenant challenges as other rents have not risen by inflation. Won’t all rises this be challenged after a catch up period where all rents are at the average level?
Secondly why would you do any investment / improvement as chief comparison will be hard to take softer issues into account?
Thanks
Hi Suzanne, Ben Beadle reiterated the ‘no rent in advance’ claim in his presentation at the NRLA conference today. You are right that clarity on this is very important.
Ben also made a convincing case for minimum or fixed contracts for students. The disruption to the student market will be severe if this isn’t fixed.
And lastly it occurs to me that AirBnB guests will have a field day, signing up for longer term tenancies and then giving
Thank you for your comments.
The position of rent in advance is not clear, as the evidence of Justin Bates KC to the committee shows. (He said clearly that the bill does not ban rent in advance).
Matthew Pennycook acknowledged in committee on 29 October the bill was ambigious, and said “I accept that there is a strong case for putting the matter beyond doubt. […] we are looking at the matter carefully to ensure that we put the matter beyond doubt on the face of the Bill”.
Matthew Pennycook has made it clear they won’t back down on fixed term tenancies for students. I agree it makes no sense, but let’s see.
This blog post has more info: https://theindependentlandlord.com/rrb-latest/
The issue with Airbnb is that if the property is the guest’s principal residence, it will be an assured tenancy, regardless of what they call it. The only way around that is for it genuinely to be a licence, where the landlord/owner provides services eg weekly cleaning, linen, and has the right of re-entry. And of course if you use Airbnb, you pay a huge amount of fees to Airbnb. I am sure that enforcement action will be taken against sham licences.
I particularly dislike that all tenancies will become Statutory periodic, good for Local Authorities, bad for landlords. Most of my past tenants were receiving benefits and tended to be one step ahead of the bailiffs, hence a tenancy was normally ended with a tenant doing a runner with me finding out some weeks or months later. The tenant remained responsible for the council tax until the tenancy ended; now I will be responsible for the council tax and have the added expense of obtaining a possession order after waiting for three months arrears to accumulate. From recent experience, possession takes at least a year and can be up to two years, so my rents will have to increase to cover this extra taxation. I do hope that the ombudsman takes this as a legitimate rent increase!
What hope do benefit tenants have with such a law in place?
As a tenant, this bill is a life saver. All the time, money and opportunities I have lost, wasted, or destroyed over the years in serving out 1 year contract periods with landlords are about to change. I rent because the nature of my work requires me to move. And yet this 1 year fixed term tenancy has me locked in, all because of a contract.
A landlord is not very different from a hotel owner selling or providing a business service. Instead of 1 day or 1 week rentals, he lets out his premises for longer. And as a vendor or a service provider, he must offer a no-contract option. If the service provider wishes to, he may offer a choice – If you get into a 12 month contract with us, your rent can be 20% lower, like a mobile services or a broadband provider. Some tenants who have longer term visibility, may accept one year, others might even accept 5 years. Yet others like me, who move about a lot, need that flexibility to move out, and will stay on the month-on-month plan and don’t like long term commitments. This law will benefit people like me, the most.
And of course, it will benefit those people (also like me) who see mold in a new rental place, or a smelly, leaky toilet and go ‘Eeks! I gotta get out of here!’ Now they can get out in 2 months, rather than literally poison themselves waiting for a whole year, because of a contract.
Hi Suzanne, given they are looking for something like an Easter assent, do you think there is any chance all the new changes like the loss of S21 will happen on the date of assent – or is that a given as it will be law then? It’s coming up way faster than I hoped.
Good question. I think it’ll be at least a couple of months after Royal Assent as they need to publish regulations with all the detail.
I have read that a landlord will not be able to ask for more than one months rent in advance, but they can accept more if the tenant wishes to send it – for example, a student who does want to pay a term in advance when they receive their Loan so they can budget more easily – do you agree with this interpretation?
Yes, that’s my understanding. I explain it towards the end of this blog post: https://theindependentlandlord.com/rent-in-advance/
Question – what will happen if the owner dies and the property is only in the early month/s of the Protected Period?
IHT is due within 6 momths of death but it could be well over a year before the property could be marketed , let alone sold. Txs
Hi Suzanne
Now the Renters Reform Bill has passed, would this close the AST loophole in Point 12 for leaseholders?
Do we think this will allow sales with onerous increasing ground rents above £250 to start going through again.
Will solicitors and lenders still insist on lease extensions being down to zero ground rent, even with the risk no longer there?
I am currently trying to sell my property and 5 months in, and I we’re at a standstill due to onerous ground rent and the lender wanting a forfeiture clause in the lease. We’re now looking at a deed of variation or lease extension as lender won’t take an indemnity policy.
Yes. This is due to come into effect on 27 December. You can read more here: https://theindependentlandlord.com/ast-trap/
This won’t end forfeiture though – that is due to be in the Leasehold and Commonhold Reform Bill, which isn’t yet published.
we have a 20 year assured tenancy (reg with land reg) does this mean its ouside of the new rent act meaning if sold as per terms of lease the new owners haave to honour the exsisting lease I quote
However, the Act will also exclude existing leases between 7 – 21 years in length from the assured tenancy regime. This also will come into force on 27 December 2025, and will apply to any lease between 7 – 21 years entered into before that date. If this applies to a lease, it will mean the lease cannot be considered an assured tenancy ameafter 27 December, and therefore the other changes made by the Renters’ Rights Act will not apply to it.
So if a landlord protects the deposit late, (ie beyond the 30 days) is the renters rights bill now allowing late deposit protection? As in can a landlord protect a deposit late but before going for a Sec 8 possession and unlike sec 21 the late protection not preventing possession.
Yes
Hi Suzanne,
Would Company Tenants be excluded from the over bidding ban ?
And so would all tenants be excluded from the overbidding ban if offering on a property with rent of over £100k per year ?
Thanks
Simon
Corporate lets (ie landlord lets to a company) is outside of the Housing Act, and isn’t affected by the RRA
Could I ask, what will become of the prohibitions on serving Section 21 notices (Localism Act 2012, Deregulation Act 2015 etc)? Will these fall away with Section 21 evictions after 1 May 2026? So for example if there was no gas safety certificate at the outset of the tenancy, can the landlord after 1 May validly serve a Section 8 Ground 1 A notice based on an intention to sell the property? Assuming the deposit was properly protected, or returned before the Ground 1A notice was served. Many thanks.
These are the sorts of questions I answer in The Independent Landlord Hub, but the answer to your questions is yes. This isn’t legal advice.
ok thanks very much
Hi,
On assured tenancies we don’t usually need to protect the deposit will we have to protect them once the RRA comes into force?
And would it be advisable to do it before or only on the implementation date?
Hi Suzanne, I have a question about Student Tenancies and the 4a Possession. I understand students will need to pass the student test. Would an apprentice pass the student test? Or would it be deemed they are not full time students?
I go through the student test in this blog post: https://theindependentlandlord.com/renters-rights-students/ But the short version is that they must be a full time student on one of these courses: they must be full-time students on one of these full-time higher education courses.
Hi Suzanne,
with the first 12 month fixed AST ending for instance on 27 Aug 2026, and under the new renter’s right bill, does this mean if a landlord intends to sell the property, the landlord can serve at the earliest a 4 month minimum notice valid from 28 April 2026 in time for when the fixed AST ends on 27 Aug 2026? If this is the case, does this also mean, a landlord cannot market to sell & have viewings arranged until the 4 month notice has ended because 12 month fixed AST has not ended ?
if a 4 month notice is given under an APT because the landlord intends to sell the property, does this mean the landlord cannot market to sell & have viewings arranged until 4 months notice to tenants has expired?
Do we know what evidence for grounds to sell that a landlord must produce and to whom to produce it to in order to prove grounds for possession in order to sell ?
And what evidence does a landlord need to prove to take back property for their own occupation or their own family occupation in order to serve notice on such grounds?
I’m not clear on how they would distinguish between grounds to sell and grounds to take back property for own occupation…..
Mant thanks for what you do, its much appreciated!
These are very detailed questions, which are beyond the scope of a comment section on a free blog. If you’d like my answer, please join The Independent Landlord Hub as this is exactly the sort of support I give landlords in my membership.
Hi Suzanne,
I have a question regarding the initial transition period under the Renters’ Rights Bill. If a tenant wishes to leave a tenancy in June 2026 (within two months of the commencement of the new tenancy framework on 1 May 2026) would a notice served before the start date of the new lease be legally binding?
Thanks, Anna
I go through the rules in this blog post: https://theindependentlandlord.com/resources/property-investors-glossary/tenant-notice-to-quit/
But turning to your questions, first of all, there won’t be a new “lease” as an existing assured shorthold tenancy will turn into an assured periodic tenancy on 1 May automatically, and they will be treated as a continuing tenancy.
If they give notice before 1 May, it will be under the old rules, ie it can’t expire in a fixed term, and it will usually be one month’s notice, unless the AST says otherwise, but both to expire at the end of a rent period. Valid notices to quit served before 1 May will be binding.
From 1 May, it will be under the new rules, so it will need to be 2 months to expire at the end of a rent period, unless the landlord agrees to a shorter amount, eg in the tenancy agreement.
If a student in the HMO serves notice on the 1st May and their rent due date is the 1st of each month under the renters rights bill, the notice period would begin on the 2nd May.
The government guidance says two thing at once: the tenant must give at least 2 months notice , and the end date must align with the end of a rent period.
Under the renters rights act and common law, if the rent due date is 1st of the month and notice is served 1st May, the tenancy will end 31st July. Not 30th June which Shelter, NRLA and several other organizations are advising.
The tenancy must end with a rental period, so notice given 1st May covers the remainder of May, June and July.
Two key points
1, A minimum of two months notice
2, The end date must align with the end of a rent period
Hi Suzanne,
Very helpful post, thanks. Could you confirm for the case of an existing AST whether the 12-month protected period (when no sale may take place) begins from the start of the existing tenancy, rather than from 1 May? The latter makes no sense to me, but I’ve seen it asserted. Thanks.
Hello. This is the type of thing I go through in my membership, The Independent Landlord. Otherwise, this post should help: https://theindependentlandlord.com/rrb-grounds/
Thanks Suzanne: if I understand you correctly, the start date that makes sense to me applies. I clicked on the link where you refer to the relevant part of the act itself (https://www.legislation.gov.uk/ukpga/2025/26/section/3/enacted), but all I see is a list of amendments to the act. Everything I try produces the same! Am I missing something about how to see a “clean” version of the Act as currently applies?
That is such a brilliant question, and explains why it is so hard for us! The Renters’ Rights Act isn’t a standalone bit of legislation. It mostly makes changes to other bits of legislation. I’ve described it as a form of “mutant layer cake”. This is an example, as it changes the Housing Act 1988. We’ll need to wait until 1 May until we can see the changes “live” in the Housing Act 1988.
(Or read my book, as I consolidate the relevant parts: buy from me https://shop.theindependentlandlord.com/ or buy from Amazon: https://theindependentlandlord.com/amazon)
I can’t find anything on procedure when the AST is due to end on 2 May 2026. Can the tenants still leave on 2 May or do they have to serve 2 months notice because the APT starts on 1 May? It feels like they should be able to but there doesnt seem to be any provision….
Hi Suzanne,
I have a question regarding the transition period and my specific tenancy agreement.
My fixed term tenancy (AST) runs from 24 May 2025 to 23 May 2026.
I have already informed the letting agency that I do not intend to renew the contract and that I will be leaving on 23 May 2026, the exact end date of my fixed term. However, the agency is insisting that I must give 2 months’ notice, which would require me to pay rent beyond my fixed term end date.
My questions are:
1. If I serve a formal written notice to quit before 1 May 2026 confirming I will leave on 23 May 2026 (the end of my fixed term), will this be valid and binding under the old rules?
2. Does the agency have any legal basis to require 2 months’ notice and charge rent beyond the fixed term end date, given that I am simply leaving on the contractual end date?
Thank you so much for your help!
I’m sorry, but I’m unable to answer detailed questions in the comments, but you should look to see what your tenancy agreement says.
Hi Suzanne,
I’ve read your book and found it extremely helpful — exactly what “the landlord doctor ordered”, especially during these challenging times for landlords.
Thank you again for all your help and advice.
Much appreciated! Thank you 🙂
Hi Suzanne i thiught i had already posted my question but can’t see it so apologies if I’m duplicating! My son signed an AST back in October for a tenancy due to start on 1st July this year. He has since left university so will not move in. We served 2 months notice on 1st May as was our understanding of the new rules – that once signed it is an ‘existing tenancy’ whether or not the move in date is months off so we can give the required 2 months notice prior to the moving in date. The letting agency says this is not the case and we can only give notice on 1st July thereby we are still liable for the first 2 month’s rent. We are trying to find someone to take over the tenancy as it’s a joint one with other students but would be good to know if the letting agency is correct or not regarding notice before the start date on the contract. Thanks so much.
Hello. I replied in this post: “The letting agent is wrong and you can report them to the local council for breaching the rule against purporting to let for a fixed term. The fixed term ended on 1 May. Show them this comment.”
If I have joint tenants, what happens if only one wants to give notice to quit ?
Sorry, but I don’t answer detailed questions in the blog comments. It’s the sort of thing I answer in my membership, The Independent Landlord Hub
Hello Suzanne,
The information provided is great and very helpful. I was wondering what happens when two different tenants serve NTQs ending on different dates? But the one ending later was served months before the one ending sooner.