Renters’ Rights Act 2025 – FAQs

The Renters’ Rights Act 2025 introduces significant reforms to the private rented sector in England. These changes will affect how landlords regain possession, how rents can be increased and the rights tenants have when renting a property. In this FAQ guide, our Property Litigation team answers the most common questions we receive from landlords and tenants about the upcoming reforms and what they mean in practice.

Here at Paris Smith, we know that the upcoming changes are going to make a difference for both landlords and tenants. To help you navigate these changes, we have put together a summary of all the frequently asked questions we have been advising on lately to do with the Renters Rights Act.

Landlord FAQs

1. When does the Renters’ Rights Act 2025 come into effect?

The Act received Royal Assent on 27 October 2025 and is being implemented in phases:

• Phase 1 begins on 1 May 2026 and introduces the main reforms, including: abolition of Section 21 evictions, periodic tenancies, new rent rules and tenants’ rights to request pets.
• Phase 2 follows in late 2026 and introduces the Private Rented Sector Database and the new Private Rented Sector Ombudsman Scheme.
• Phase 3 will introduce new housing standards, including the Decent Homes Standard and the extension of Awaab’s Law, with dates to be confirmed.

Changes to tenancies

2. Does the Act apply to existing tenancies?

Yes. From 1 May 2026, all existing assured shorthold tenancies (“ASTs”) will automatically convert to assured periodic tenancies. There will be no further fixed-term renewals and tenancies will continue until the tenant gives at least two months’ notice or the landlord obtains a possession order using a valid Section 8 ground. Transitional provisions apply and Section 21 notices served before 1 May 2026 may still be relied upon for a limited period, provided they are valid.

3. Can I still grant fixed-term tenancies?

No. From 1 May 2026, fixed-term ASTs will be replaced by a single system of open-ended periodic tenancies. All new tenancies must be periodic, and landlords should update tenancy templates to remove fixed terms and rent review clauses.

Possession

4. What is the last date I can serve a s.21 notice?

Section 21 will be abolished for new possession claims after 1 May 2026 (“the Commencement Date”) and no new Section 21 notices can be served. A valid Section 21 Notice can be served up until the 30 April 2026. Possession proceedings will then need to be started by 31 July 2026. After the Commencement Date, landlords must rely on amended Section 8 grounds to regain possession. It is worth further noting that a s.21 notice cannot be served within the first four months of a tenancy and cannot expire during the fixed term period of the tenancy unless there is a break clause in the tenancy agreement that allows for this. The Section 21 notice itself must give at least two months’ before possession proceedings can be commenced.

5. Can I regain possession if I want to sell or move back in?

Yes, but only if strict conditions are met. Under Ground 1, possession may be recovered if the landlord or a qualifying family member intends to occupy the property as their main home. Under new Ground 1A, possession may be recovered if the landlord intends to sell the property or grant a long lease. In both cases, the tenancy must have lasted at least one year, four months’ notice must be given, and the property must not be re-let or advertised for up to 12 months after expiry of the notice.

6. Who can be considered a family member under Ground 1?

The Renters’ Rights Act has expanded the definition for qualifying family members under Ground 1. Family members can now include the landlord’s: spouse or partner, parents, grandparents, children and grandchildren (including step-children), siblings (including half and step- siblings).

7. What are the key changes to eviction grounds?

Changes include new and amended grounds for possession, such as:

• Ground 4A for student HMOs
• Ground 6A for compliance with enforcement action
• Increased rent arrears thresholds under Ground 8 (from two months’ to three months’ rent).
• Longer notice periods for Grounds 10 and 11,
• Immediate proceedings for serious offences or anti-social behaviour under Grounds 7A and 14, subject to court safeguards.

You therefore need to consider these factors when choosing your tenants as evictions will require evidence to be brought and cannot be on a ‘no fault’ basis as before.

8. What steps must I take before serving a possession notice?

Before serving a Section 8 notice, landlords must ensure the deposit has been protected in an authorised scheme or returned to the tenant and, once introduced in Phase 2, that they are registered on the Private Rented Sector Database. Failure to meet these requirements may prevent a possession order being granted.

Rent

9. How often can I increase the rent?

From the 1st May 2026, rent will only be able to be increased once per year using the statutory Section 13 notice process, with at least two months’ notice. There are no rent caps, but tenants may challenge increases they believe exceed market rent. Landlords and tenants may agree a lower rent than that stated in the notice. Before the 1st May 2026, Landlords will be able to increase the rent by following the current procedure and using Form 4 or by relying upon the rent review clause in the tenancy agreement.

10. Are rent review clauses still valid?

No. Rent review clauses will be void and unenforceable. Rent may only be increased using the Section 13 statutory process or by agreement with the tenant.

11. What are the new rules on rental payments?

Rent periods must not exceed one month and rent must be payable monthly or more frequently. From 1 May 2026, landlords must not accept more than one month’s rent in advance and only during the permitted pre-tenancy period. Clauses requiring more than one month’s rent in advance will be unenforceable, although tenants may choose to pay additional rent in advance voluntarily after signing.

12. Is rental bidding allowed?

No. Landlords and agents must advertise a fixed rent and cannot accept offers above the advertised amount. Applicants may offer less than the advertised rent.

Pets

13. Do I have to allow pets?

Tenants have a right to request a pet and landlords must consider requests reasonably. A request may only be refused for a good reason, such as a prohibition in a superior lease, genuine concerns about property suitability, severe allergies or safety concerns. Landlords cannot charge pet fees, pet deposits or require pet insurance, but may charge a higher rent where pets are permitted. It may be worthwhile specifying if pets are reasonably prohibited when advertising your property.

Preparing ahead of the changes

14. Do Landlords need to serve new tenancy agreements?

No, however, landlords should check the terms of existing tenancy agreements and ensure that they are aware of which ones may no longer apply. All landlords must also provide tenants with a government produced information sheet which explains the changes the Renters’ Rights Act will introduce. This information sheet will be made available in March 2026 and you will have until 31 May 2026 to provide it to your tenants.

15. What documents will I need to supply to new Tenants who commence their tenancy after 1 May 2026?

For tenancies beginning on or after 1 May 2026, Landlords will need to serve all Tenants a written statement setting out information on key terms of the tenancy. Full guidance about the information this statement must contain will be published in March 2026.

A Gas Safety certificate, EPC (rating E or above), “How to Rent” leaflet and deposit protection information must still be provided to tenants alongside the new written statement following implementation of the Renters’ Rights Act.

16. I currently rent out my property informally to friends by way of an oral agreement that has never been recorded in writing, can I continue on in this way?

No, you must serve the tenant with a written statement of terms by the 31 May 2026 or risk a civil penalty (see FAQ below). This is instead of the Information Sheet detailed above. The compulsory information can be set out within a written tenancy agreement or a separate document.

If the agreement is even partly in writing then you will need to serve the tenant with an information sheet only.
For more information of what will need to be included in the written statement click here: https://www.gov.uk/guidance/renting-out-your-property-guidance-for-landlords-and-letting-agents/tenancy-agreements-written-information-for-your-tenant. The government is due to finalise the written statement and information sheet by end of March 2026.

The government guidance currently states that the written statement and information sheet can be served electronically or in hard copy. We would always recommend that you receive some form of acknowledgement from the tenant confirming receipt.

17. What penalties apply if I do not comply with the Act?

Penalties include civil fines of up to £7,000 for a first offence and up to £40,000 for repeated breaches, rent repayment orders of up to two years’ rent, restrictions on recovering possession, a 12-month restriction on reletting in some cases, and enforcement action by local authorities.

18. What should I do now to prepare?

Landlords should:

• Update tenancy template
• Remove fixed terms and rent review clauses
• Prepare for periodic tenancies
• Update advertising and affordability policies
• Introduce pet request procedures
• Audit property standards
• Plan for database and Ombudsman registration
• Train staff on the new regime

Tenant FAQs

Changes to tenancies

19. What happens to my current tenancy?

Your AST will automatically become a periodic tenancy on 1 May 2026. This means it will roll on without a fixed end date and one joint tenant will be able to end the tenancy for all tenants by giving two months’ notice.

20. Can my landlord still evict me without giving a reason?

No. Section 21 “no-fault” evictions are abolished. Your landlord must rely on a specific legal ground and follow the correct legal process, including giving you proper notice.

21. How long will it take for my landlord to evict me?

This depends on the ground relied upon. Notice periods range from weeks to months, with four months’ notice required where the landlord intends to sell or move back into the property. You will have the opportunity to defend the case in court.

Rent

22. How often can my rent be increased?

Your rent can only be increased once per year, with at least two months’ notice, using the statutory Section 13 process.

23. What if my landlord proposes an excessive rent increase?

You can challenge the increase at the First-tier Tribunal if it exceeds market rent. The increase will not take effect until the tribunal has made its decision and the tribunal cannot increase the rent beyond the amount proposed by the landlord.

24. Can my landlord ask for several months’ rent in advance?

No. From 1 May 2026, landlords are limited to requesting one month’s rent in advance and only during the permitted pre-tenancy period. Any clause requiring more than this is unenforceable.

25. Is rental bidding still allowed?

No. Landlords and agents must advertise a set rent and cannot accept offers above it. You may offer less than the advertised rent.

Pets

26. Do I have a right to keep a pet?

You have a right to request a pet and your landlord must consider the request reasonably. They cannot charge pet fees, pet deposits or require pet insurance, but may charge a higher rent where pets are permitted. Refusals may be appealable to the Private Rented Sector Ombudsman once introduced.

Applicants on benefits

27. Can my landlord refuse me because I am on benefits?

No. Landlords cannot refuse applicants solely because they receive benefits. Decisions must be based on objective criteria such as affordability or credit history.

Landlord breaches of the Act

28. What if my landlord ignores serious repairs?

Stronger protections apply, including Awaab’s Law, which will require serious hazards such as damp and mould to be addressed within set timeframes. You can report issues to your local council and seek legal advice.

29. Who can I complain to if my landlord breaks the rules?

Depending on the issue, you can complain to your local council, the Private Rented Sector Ombudsman once introduced, the First-tier Tribunal, or the courts.

30. What is a rent repayment order?

If your landlord commits certain offences, you may apply to the First-tier Tribunal for a rent repayment order requiring repayment of up to two years’ rent.

31. What rights do I have if my landlord breaches the Act?

You may challenge unlawful actions, apply for rent repayment orders, defend possession proceedings, report the landlord to enforcement authorities and exercise your rights without fear of retaliation.

We are here to help you navigate these changes when the time comes and can advise you on the steps needed if things don’t go to plan. We are able to assist landlords in managing the process through to regaining possession of your property by negotiation or the court process and can help tenants ensure their rights are protected. Our experienced team are here to help, contact us via propertylitigation@parissmith.co.uk.

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