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Renters' Rights Act - You Ask, We answer
With so much information out there on the Renters' Rights Act, some of it conflicting or fake news, we have decided to offer a one stop article on frequently asked (or not so common) questions and answers.
Finding information on the Renters Rights Act on the internet is easy - but the biggest question is - 'Is it correct?'.
The Act began under the conservative government as the Renters Reform Bill, before it changed over to the Labour government and became the Renters Rights Bill. Whilst making it's way through parliament, there were a lot of amendments put forward, some accepted, most declined before it became law and is now the Renters Rights Act 2025.
Due to the above, it seems that when asking AI a question on the Renters' Rights Act, it will sometimes offer up 'fake news' or pull up information which may be outdated and not currently correct. Therefore my first piece of advice would be to not ask chat GPT if you have a question on the Act. Ask a professional instead.
I have personally followed the act all the way from the beginning, watched every webinar and panel discussion there is, hosted in-person presentations to large clients and discussed the act and my questions directly with property lawyers. So I wanted to cut through the noise and despite there still being some grey areas on certain questions, I wanted to share some black and white definate answers to some popular questions being asked by landlords across the industry.
Q. When will the Renters’ Rights Act kick in?
A. May 1st, 2026 is when some of the Act will commence. A roadmap has been published by the government to out line this. It is business as usual before this date!
Removal of Fixed Term
Q. Is it true that all assured shorthold tenancies (new and existing) will change to Assured Periodic Tenancies?
A. YES from the 1st May 2026.
Q. What does this mean?
A. Tenants will not have an ‘end date’ or a ‘break clause’ as they do now. They will enter a tenancy which will continue until either the landlord or the tenant lawfully serve notice.
Q. When will we know what is included in the new assured tenancy agreements?
A.The government will issue guidance in January 2026.
Q. Will I need to issue a new tenancy agreement to existing tenants when the renters rights act commences?
A. No, the government will issue a document in March 2026 to update tenants on their new rights. You have until the 31st May 2026 to ensure each existing tenant receives this, or you risk a penalty.
Q. Can a tenant leave at any time?
A. Tenants will be able to give a 2-month notice with no minimum tenancy period, the only caveat is that their 2-month notice will need to expire the day before a rent due date.
Q. How will I prevent my property being used as a short let?
A. Some will take the German approach, re-think the furniture you are offering, so it is harder for someone to turn up with a suitcase.
Advance Rent Payments – (New and Existing Tenancies)
Q. Can I continue to accept 6 monthly instalments of rent from my existing tenant after the 1st May 2026?
A. YES, but only if it is written into the tenancy agreement which was entered into (executed) BEFORE the 1st May, any new tenancies entered into after this date it will be prohibited.
Q. So am I still OK to accept a new tenancy with a tenant paying 6 months’ rent in advance now?
A. Yes, up until the 30th April 2026.
Q. What if a tenant prefers and suggests to pay 6months rent in advance?
A. Tenants will be able to voluntarily pay you more money in advance after the 28 days, if it is in their convenience, however you cannot suggest this or write it into the tenancy agreement.
Q. I currently ask all of my tenants to pay on the 1st of the month regardless of their start date, can I still ask them to pay slightly more than one month initially to ensure this can happen?
A. No, from the 1st May, any tenancies entered into will be a maximum of one month rent. Any additional rent requested will be a prohibited payment.
Rent Increases:
Q. If there is an existing pre-agreed clause in the tenancy agreement about a rent increase, will it still be valid after the 1st May?
A. No. All rent increases in any existing or new tenancy will now have to be served via a Section 13 notice with comparable evidence.
Q. Will I be able to increase the rent during the tenancy?
A. Yes, by serving a Section 13 notice. We recommend getting advice from a professional about the correct rent for the property so that you have evidence.
Q. Will I be able to increase the rent during the tenancy after 1st May 2026?
A. Yes, by serving a Section 13 notice. We recommend getting advice from a professional about the correct rent for the property so that you have evidence.
Q. Can a tenant refuse the rent increase?
A. A tenant can apply to a First Tier Tribunal to challenge the rent increase.
Q. Can a tenant backtrack on their acceptance of the rent increase before the expiry of the S13 notice, even if it is in writing?
A. Where notice is served, if agreement is reached in writing for a lower sum than stated in the notice, the tenant cannot subsequently apply to the FTT
Rental Bidding and Pets:
Q. With the rental bidding ban – what is going to happen to the market?
A. The rents will rise, and tenants will either offer asking price or bid down.
Q. Do I have to accept a pet from the 1st May 2026, no matter what?
A. No. However you do have to demonstrate a reasonable reason why you have declined the request, as per the published Gov. Guidelines.
Q. Am I allowed to ask a tenant to pay for pet insurance?
A. No. This was the case previously in the Bill but not in the published Act. The tenant fee ban 2019 will not be amended, therefore you cannot ask for ANY payment toward them keeping a pet.
Abolition of Section 21
Q. Can I still serve a Section 21 before the 1st May 2026?
A. Yes. You can serve a Section 21 right up until the 31st April 2026, however you will need to have applied for court proceedings by the 31st of July 2026 for it to be valid.
Q. Will I be able to evict a tenant after the 1st May 2026.
A. Yes, of course. However, you will have to use one of the new published mandatory or discretionary grounds in using a Section 8 notice and have relevant evidence to support this.
Q. What if my tenant is in arrears after 1st May 2026?
A. You can give a 4-month notice when the tenant is in 3 months arrears. The tenant can pay off arrears before court to surpass this mandatory ground. Therefore, I’d recommend serving a Section 8 notice using the mandatory rent arrears ground and the discretionary persistent rent arrears grounds together.
Q. Can I gain possession of my property to sell post May 2026?
A. Yes, you can rely on Ground 1a giving 4 months’ notice, the notice cannot expire sooner than 12 months.
e.g. You can serve on the 8th month to gain possession on the 12th month of the tenancy.
Q. What are the restrictions on re-letting after using this eviction ground to sell?
A. You cannot re-market or re-let the property on long let or short let for 12 months following the expiry of the eviction notice.
Q. With the ground stating that you cannot serve a notice until the 12th month of the tenancy – does the 12months begin from the start of the original tenancy or from the 1st May?
A. From the start date of the original tenancy.
Q. If I have multiple sharers, and one tenant gives notice. Does this end the tenancy for all?
A. Yes! Unless you wanted agree to a new tenancy with the existing remaining tenants – note: at this stage you can increase the rent to market rate without a S13 as you are entering a new tenancy.
Q. Should I be worried if I am a landlord going into this new landscape?
A. No. Like any regulatory change it is going to feel scarey at first, but it is about who you are riding the wave with. If you have a good estate agent who is able to guide and support you along the way, as well as finding you good tenants and referencing them well, you will have nothing to worry about.
If you feel you have a question which has not yet been addressed in the above article, would like any expansion on any of the grounds for eviction, please reach out to me personally via email megan@glp.co.uk and I will get back to you directly on this.
If you are a currently landlord of ours and would like to speak with us about either upgrading your package to management or if you are not a current landlord of Greater London Properties and would like to switch agents, we can help you make this happen! Give us a call today.
Megan Cutforth
Lettings Director
Greater London Properties
📞 0207 113 1066
🌐 www.glp.co.uk