When will the Act come into force?

The Renters' Rights Act will be implemented in stages with the first parts applying from 1 May 2026. From that date:

• Fixed-term Assured Shorthold Tenancies will be abolished and replaced with Assured Periodic tenancies
• Tenants must be given a written tenancy agreement before the tenancy is entered into
• Rents can only be increased once per year and only after serving a Section 13 notice
• No further section 21 notices can be served
• For new tenancies, you may not accept rent before signing an assured periodic tenancy and you may not demand more than a month's rent at a time after the agreement is signed.
• The Government will ban so-called 'rental bidding wars by requiring adverts to list a rental price and banning landlords from accepting or encouraging offers above this listed rent.
• New rules will be introduced that prevent discrimination against tenants with children or those in receipt of benefits.

Later in 2026, phase 2 of implementation will begin and landlords will have to begin signing up to the Private Landlord Ombudsman and the Private Rented Sector Database. More details on this need to be published and the NRLA will keep you up to date with the changes.

After phase 2, new rules regarding property standards and the timelines for addressing property hazards will be introduced following further consultation with the sector. This will include an updated Housing Health and Safety Rating System and extending Awaab's Law and the Decent Homes Standard to the PRS.

Will the Act affect non-Housing Act tenancies?

The Act primarily concerns assured tenancies, and once implemented, will change the way in which assured tenancies (including assured shorthold tenancies or ASTs) are dealt with.  

Other types of tenancy, such as non-Housing Act 1988 tenancies or common law tenancies will not be affected by the majority of the proposals contained in the Act.

Will I have to issue a new tenancy agreement?

From 1 May 2026, you will have to provide a written statement setting out certain mandatory information before a tenancy is agreed. This will usually be included in Zeta Homes new Tenancies 

For existing tenancies (those agreed before 1 May 2026) you do not need to provide a new tenancy agreement but you will have to provide certain information in writing. This will be the official Government Information Sheet. 

Are fixed term tenancies being abolished?

Yes, fixed term assured and assured shorthold tenancies (ASTs) will be abolished when the Act comes into force. Once implemented, almost all tenancies in England will be periodic (open-ended) assured tenancies, which will continue until either party gives notice.

How are student landlords affected?

The abolition of fixed terms means that student landlords will no longer be able to offer assured shorthold tenancies with set end dates ahead of the new academic year. Tenancies will instead be open-ended periodic tenancies normally.

In order to regain possession ahead of the new academic year, student landlords will be able to utilise the new student possession ground, Ground 4A, provided prior notice has been given, it is a house in multiple occupation (HMO) and all the tenants were full time students or were expected to become full time students before the tenancy was agreed.

Existing landlords will have to notify the tenants within one month of commencement that they intend to make use of Ground 4A.

What restrictions are there on Ground 4A (the student ground)?

For new tenancies, the student ground for possession (4A) would only be available where the following conditions are met:

• A landlord has let a property solely to full-time students and intends to re-let to full-time students the following academic year.
• The property is a House in Multiple Occupation (HMO) or is in an HMO.
• The tenancy was not agreed more than six months prior to the move-in date*.

The landlord must give the tenants prior notice that they may seek possession under Ground 4A. If all conditions are met, they can then recover possession by giving four months’ notice, to expire between 1 June and 30 September.

*This applies to new tenancies only. If your tenancy was agreed prior to the commencement of the Renters' Rights Act, you may still use Ground 4a even if you agreed the tenancy more than six months in advance of the move-in date. 

Can I still serve a Section 21 notice now?

From 1 May 2026, you will no longer be able to serve a Section 21 notice. You’ll need to use the grounds-based route to possession (Section 8) to end the tenancy instead.

However, you can continue to serve a Section 21 notice until the Act comes into force. You will have until 31 July 2026 to apply to court for possession following service of a Section 21 notice. If you do not apply to court during this window, the Section 21 notice will expire and you will need to re-serve notice under Section 8.

With no Section 21, how will I gain possession of my property?

From 1 May 2026, landlords seeking possession of their property will need to use Section 8 as the route to possession.

This route is ground based, meaning landlords will need to provide a reason as to why they intend to gain possession. 

From 1 May 2026, it will also be an offence to try to end a tenancy orally or to try and end an assured tenancy via notice to quit rather than a Section 8 notice. 

What if my tenant is in arrears and I need to gain possession?

You will still be able to use a Section 8 notice to seek possession if your tenant is in arrears but there have been some changes to the existing mandatory ground.

Under the current rules you can use the mandatory rent arrears possession ground (Ground 8) if the tenant is in two months or more of arrears. From 1 May 2026, this Section 8 ground will only be available when the tenant goes into 3 months or more of arrears. The required notice will also increase from two weeks to four weeks.

The Act also excludes arrears due to a delayed Universal Credit (UC) payment from the arrears threshold. This means that Ground 8 will be unavailable to landlords if arrears arise from non-payment of UC so you should make sure to keep good records and support tenants wherever possible with their benefit applications.

What is the restricted period for reletting under Ground 1 and Ground 1A?

Under Grounds 1 and 1A, you cannot re-let or advertise the property for re-let during the "restricted period". This period starts on the date the notice is served to the latter of: 12 months after the expiry date specified in the notice; or the date a possession claim is filed with the court. 

It is an offence for a landlord or agent to let or market the property during this restricted period. 

Are shared owners affected by Ground 1 and Ground 1A?

Shared owners part-own and part-rent their homes through a housing association or registered provider. Their leases include protections for when the property is sublet.

An amendment agreed during the Act's final stages allows shared owners to let their property immediately if they can prove they’ve genuinely tried to sell it.

To qualify, three conditions must be met:

1. Tenants are told in writing at the start of their tenancy that their landlord is a shared owner.
2. The landlord owns less than 100% of the property.
3. The landlord notifies the housing provider before issuing a Ground 1A notice that they plan to sell their share.

The exemption was accepted because selling shared ownership properties can be complicated, especially in blocks requiring fire safety remediation, and tenants can find themselves in severe financial hardship. 

What notice will a tenant need to give?

Your tenants will be able to end a tenancy by serving two months’ notice in any written format, including via text or WhatsApp. This notice can be served from the first day of a tenancy. You may agree to shorten this notice period if you wish, but may not extend it further than this. 

Unless your tenancy states otherwise, the tenant's notice will have to end on the first or last day of a rental period. 

If a joint tenancy is in place and one tenant serves a valid notice, the notice will end the tenancy for all tenants.

How will I be able to increase the rent?

From 1 May 2026, you will only be able to propose a new rent via a Section 13 notice,  This notice can only be served once a year, and a minimum of two months’ notice is required.

Tenants will have the right to refer any rent increase request to the First-tier Tribunal for free. The Tribunal will then determine the rent, which cannot be higher than that proposed by the landlord. When challenged, the rent increase cannot take effect before the Tribunal has made its decision.

How will the ban on rental bidding work?

When listing a property for rent, you will be required to advertise a specific asking rent. You will then be prohibited from encouraging or accepting offers above this asking rent.

If you are found to be in breach of the ban on rental bidding, the Local Authority can impose a civil penalty of up to £7,000.

Can I take rent in advance?

You will not be able to take accept any rent before entering into an assured tenancy agreement. Once the tenancy has been signed, you will be able to request up to one month’s rent in advance.

After this initial payment in a new tenancy, you will only be able to require rent to be paid for each rental period, which is limited to one month.

However, this does not apply to existing tenancies entered into (ie signed) before 1 May 2026 and, if you agreed advance rent payments, then you may continue to demand tenants continue to pay at the same frequency until the tenancy ends. 

Will I have to accept pets?

Tenants will have the right to request a pet, including tenants in HMOs. As the landlord you cannot unreasonably refuse this request, however you would be able to refuse consent where there is a reason to do so, e.g. if a superior landlord prohibits pets.

You must respond to these requests within 28 days in writing.

Can I require pet insurance as cover for any damage?

Landlords cannot pass the cost of pet liability insurance onto tenants or require a higher deposit for accepting a pet.

How will the extension of Awaab’s Law to the PRS work?

The Government has not yet set out when Awaab’s Law will apply to the PRS and further regulations are needed on the precise requirements that will apply. We will update members when these are published.

What we do know it that, under Awaab’s Law, landlords will have to address damp and mould issues in a timely manner and show that work is being done to deal with the issue. This means landlords will need to keep records on when the issue/issues are reported, when contractors are called, when work begins and any other relevant communications.

What does the Act say about tenants receiving benefits?

The Act makes it unlawful to discriminate against prospective tenants in receipt of benefits or those with children. You will not be able to deter these households from enquiring about a property, attending viewings, accessing information about the property or entering into a tenancy.

The exception to this is where you can demonstrate that discrimination is reasonable in the circumstances. For instance, if a room in a house in multiple occupation (HMO) is unsuitable for a family to live in.

Can I still take an applicant’s income into consideration?

Yes, landlords are free to take an applicant’s income into consideration when choosing who to let a property to.

Will I still be able to let property via a rent-to-rent operator?

Most rent-to-rent agreements are based on fixed term tenancies and stipulate that a property will be returned with vacant possession at the end of the agreement. However, the Act will abolish fixed term tenancies and Section 21, meaning vacant possession will not be guaranteed at the end of any rent-to-rent agreement.

The Act will also extend rent repayment order liability to superior landlords. This means if a rent-to-rent operator commits an offence (including failing to obtain a licence for a licensable property or continuing to offer fixed term tenancies), a superior landlord will be able to be pursued for up to two years’ rent.  

This will overrule the Supreme Court’s decision in Rakusen v Jepsen, which determined that a rent repayment order could only be made against an immediate landlord.

Can I still require a guarantor?

Yes, landlords will still be able to require a guarantor. However, should a tenant die during a tenancy, the guarantor will not be liable for any rent after they pass away.

For more information email: info@zetahomes.co.uk or Contactus@zetahomes.co.uk