Frequently Asked Questions
36 of the most common questions landlords and tenants are asking about the Renters' Rights Act 2025 — organised by topic and written to be understood, not to impress a judge.
General information only. All answers on this page are plain-English summaries for guidance purposes and do not constitute legal advice. Always consult a qualified solicitor or housing law specialist for advice specific to your circumstances.
Jump to a category
36 questions answered across 8 categories. Click any question to expand the answer.
Section 21 of the Housing Act 1988 is the 'no-fault' eviction notice that allowed landlords to end a tenancy without giving any reason. It is permanently abolished on 1 May 2026 — the commencement date for Phase 1 of the Renters' Rights Act 2025. From that date, no new Section 21 notices can be served. Every possession claim must instead cite a specific legal ground under the reformed Section 8 system.
Yes — landlords retain the right to recover possession of their property. The reformed Section 8 grounds provide a comprehensive route to possession when there is a valid legal reason. These include grounds for rent arrears, anti-social behaviour, breach of tenancy conditions, the landlord wishing to sell the property, or the landlord or a close family member needing to move in. The process requires a court possession order in most cases.
If you have served a valid Section 21 notice and court possession proceedings were already underway before 1 May 2026, those proceedings may continue. However, if you have not yet issued court proceedings, you cannot start them after 1 May 2026 using a Section 21 notice — the notice becomes invalid on that date. If you are in this position, seek urgent legal advice before the commencement date.
Key new and changed grounds include: Ground 1 (landlord or close family member needs to move in) — now requires 4 months' notice. Ground 1A (landlord intends to sell) — new mandatory ground, requires 4 months' notice with a 3-month restriction on re-letting afterwards. Ground 6A (demolition or redevelopment) — new. Ground 8 (serious rent arrears) — threshold and process adjusted. Ground 14 (anti-social behaviour) — strengthened with a faster process for serious cases. Previously discretionary grounds may now be mandatory. All notices must use updated prescribed forms.
The Government has committed to court reform alongside the abolition of Section 21 to ensure the Section 8 process operates more efficiently. Timescales will vary based on court workload, the ground being used, and whether the tenant contests the claim. Mandatory grounds — where a court must grant possession — are generally faster than discretionary grounds, where the court has a choice. For serious cases such as rent arrears or anti-social behaviour, an expedited process is expected to be available.
Yes — for all new tenancies starting on or after 1 May 2026. Fixed-term assured shorthold tenancy agreements are no longer valid. Any agreement that purports to create a fixed term is legally invalid and unenforceable. You must use a periodic tenancy agreement that reflects the new rules. Existing tenancies on fixed terms continue under their existing agreement until that fixed term expires, after which they automatically convert to periodic.
A periodic tenancy has no fixed end date — it rolls on indefinitely (typically month-to-month, or week-to-week if rent is paid weekly) until either party takes steps to end it. A tenant can end it by giving two months' written notice at any point, including from the very first day of the tenancy. A landlord can only end a periodic tenancy by obtaining a court possession order using a valid Section 8 ground. Neither party can simply 'walk away' without following the correct legal process.
Not in the form of a fixed-term AST — all new tenancies must be periodic with no fixed end date. However, nothing prevents you from entering into a written tenancy agreement with a tenant. It simply cannot specify a fixed end date. In practice, a tenant must give two months' notice to leave, which creates a de facto minimum period before the tenancy can end. If you want longer-term certainty, registering free on this site means you will be alerted to any future developments.
Under the new rules, tenants must give two months' written notice to end a periodic tenancy. This applies from day one of the tenancy — there is no minimum period before a tenant can serve notice to leave. This replaces the previous one-month notice requirement that applied to most periodic tenancies. The notice must be in writing and comply with any requirements in the tenancy agreement.
If you have an existing fixed-term tenancy in place on 1 May 2026, it does not automatically change. It continues under its current terms until the fixed term expires. Once it expires naturally, it becomes a periodic tenancy subject to the new rules — you cannot agree a new fixed term at that point. There are no transitional provisions requiring existing fixed terms to be terminated early.
You can only increase the rent once in any 12-month period. This applies to all periodic tenancies from 1 May 2026. You cannot make informal rent increase agreements — all increases must go through the formal Section 13 notice process. If you attempt an increase without following the correct process, the increase will not be legally effective, even if the tenant verbally or informally agrees.
A Section 13 notice is the formal legal mechanism for increasing rent in a periodic tenancy. You must serve it with the correct notice period — at least one month for monthly tenancies, at least four weeks for weekly tenancies. The notice must state the proposed new rent and the date it takes effect. You must use the correct prescribed form. Increases served without a valid Section 13 notice are legally ineffective regardless of whether the tenant agrees to pay them.
Yes. A tenant who receives a Section 13 notice can apply to the First-tier Tribunal (Property Chamber) to have the increase assessed. The Tribunal determines whether the proposed rent is at or below the market rent for the property. If a challenge is submitted, the existing rent remains payable until the Tribunal issues its decision. Importantly, the Tribunal cannot set the rent higher than your proposed figure — so challenging an increase carries no 'backfire' risk for tenants.
Yes — when a new tenancy begins with a new tenant, you can set the rent at whatever figure both parties agree. The once-per-year restriction and Section 13 process apply during an existing tenancy, not at the point of creating a new one with a different tenant. There is no cap on the rent you can advertise or agree for a new tenancy, provided you are not running a bidding process above the advertised figure.
Not automatically — but you cannot operate a blanket 'no pets' policy. Tenants have a statutory right to make a written request to keep a pet, and you must consider every request fairly and respond within 42 days. Refusal must be based on specific reasonable grounds — not simply a preference not to allow animals. Any blanket 'no pets' clause in a tenancy agreement is unenforceable under the new rules.
The formal process: (1) Tenant submits a written pet request. (2) Within 42 days you must respond with consent, refusal with specific stated reasons, or a request for further information (which pauses the 42-day clock). If you do not respond within 42 days, the law treats your silence as consent. You may make approval conditional on the tenant taking out pet damage insurance. You cannot charge a separate pet deposit — the standard deposit rules and caps apply regardless of whether a pet is present.
Reasonable grounds for refusal include: the property's own head lease or superior lease prohibits pets; the specific animal is clearly unsuitable for the property (e.g. a large dog in a very small flat with no garden); a documented allergy condition of a planned future resident; or the property's design makes keeping the specific animal impractical. A general preference not to allow pets, or a concern about wear and tear alone, is not a valid reason for refusal under the new rules.
Yes — this is explicitly permitted under the Act. You may make approval of a pet request conditional on the tenant obtaining and maintaining an adequate pet damage insurance policy for the duration of their tenancy. You should specify in writing what cover is required and request evidence that the policy is in place. If the tenant allows the insurance to lapse, this could constitute a breach of a tenancy condition.
Awaab's Law takes its name from Awaab Ishak, a two-year-old boy who died in 2020 from prolonged exposure to mould in a social housing flat. The law sets strict statutory timeframes for investigating and repairing hazardous conditions — including damp, mould and other health risks. It was introduced for social housing and, following the Renters' Rights Act 2025, now applies to private landlords in England as well.
Emergency hazards: you must investigate within 24 hours and begin repair within 7 days. Urgent non-emergency hazards: investigation must begin within 14 days, with repair completed within a reasonable period thereafter. For all other hazards: repair must be completed within a reasonable period once identified. These timeframes begin from the moment a tenant reports the issue or you become aware of it. Written records of all tenant reports, inspections and completed works are essential and will be scrutinised in any enforcement proceedings.
The Decent Homes Standard is the minimum quality benchmark long applied to social housing. Under Phase 3 of the Renters' Rights Act, it will be extended to all private rented homes in England from around 2035. To meet the standard, a property must be: free from Category 1 hazards under the Housing Health and Safety Rating System (HHSRS); in a reasonable state of repair; equipped with reasonably modern facilities; and provide adequate thermal comfort. Landlords with older stock should begin auditing properties proactively.
Local authorities have enhanced enforcement powers to compel landlords to bring properties up to standard. This can include serving improvement notices, prohibition orders preventing letting until repairs are made, and civil penalties. The Decent Homes Standard becomes formally enforceable from around 2035, but the underlying HHSRS hazard framework — which overlaps significantly — is enforceable right now. Responding promptly to hazard reports is essential to avoid enforcement action.
Yes. Under Awaab's Law, a tenant can apply to court if you fail to investigate or repair hazards within the statutory timeframes. In addition, tenants can use the new Private Rented Sector Ombudsman for certain repair-related disputes without going to court. Landlords who fail to respond to hazard reports also risk enforcement action from the local authority, civil penalties, and — in the most serious cases — potential civil liability claims if a tenant suffers injury or ill-health as a result.
The Private Rented Sector Landlord Database — commonly referred to as the Property Portal — is a new government-backed register of all private landlords and their rental properties in England. All landlords must register themselves and each property they let. Tenants can check their landlord's registration status online. Local authorities use the database to target enforcement action against non-compliant landlords. It is expected to launch in Phase 2, late 2026.
The Property Portal is expected to launch in late 2026 as part of Phase 2 of the Act's rollout. The exact launch date will be set by secondary legislation. Registration windows and any grace periods will be announced by the Government ahead of launch. Register free at RentersRightsAct.info to receive an email alert as soon as the confirmed date is announced.
At registration, landlords will need to provide: their full name and contact details; the address of each rental property they let; and evidence of compliance with key legal obligations. This is expected to include a valid Energy Performance Certificate (EPC), an annual gas safety certificate, and an Electrical Installation Condition Report (EICR, required every 5 years). The exact scope of required information will be confirmed in secondary legislation.
Letting a property without registering is a criminal offence under the Act. Penalties include substantial civil fines and being recorded as a non-compliant landlord on the database itself — which can affect your ability to let properties in future. Additionally, if a tenant discovers their landlord is unregistered, they are entitled to apply for a Rent Repayment Order, potentially clawing back up to 24 months of rent.
The Private Rented Sector (PRS) Ombudsman is a new mandatory dispute resolution scheme for the private rented sector in England. It gives tenants a free, independent route to resolve complaints about their landlord without needing to go to court. The scheme handles disputes about landlord conduct, repair failures, deposit handling, and communication failures. Decisions are binding on landlords. It is expected to become operational in late 2026 as part of Phase 2 of the Act.
Yes — membership is mandatory for all private landlords in England without exception, whether you manage your property directly or through a letting agent. Operating as a landlord without being registered with the Ombudsman is a criminal offence. Fines of up to £5,000 apply for non-membership. Note that your letting agent's Ombudsman membership does not automatically cover you as the landlord — check with your agent whether separate registration is required.
The Ombudsman will handle tenant complaints about: failure or unreasonable delay in carrying out repairs; unlawful or unfair treatment; communication failures and lack of responsiveness; deposit disputes (in cases not covered by a deposit protection scheme adjudication); and breaches of the new rules introduced by the Act such as the pet request process or rent increase procedures. It will not handle disputes about rent levels or possession proceedings — these remain matters for the courts.
Yes. The Ombudsman can make binding decisions including: requiring landlords to carry out specific repairs or take specific action; requiring landlords to change their conduct going forward; and ordering the payment of financial compensation to tenants for distress, inconvenience and financial loss caused by the landlord's failure. Landlords who refuse to comply with an Ombudsman decision face further financial penalties and enforcement action.
Tenants in England gain a comprehensive new set of rights including: genuine security of tenure with no more Section 21 evictions; a periodic tenancy with no artificial end date; the right to challenge rent increases at the Tribunal; a statutory right to request a pet; protection from 'No DSS' and family status discrimination; free access to the Ombudsman; the ability to verify their landlord's registration on the Property Portal; and stronger repair rights under Awaab's Law and the Decent Homes Standard.
No. It is now explicitly unlawful to refuse to rent to a prospective tenant solely because they receive housing benefit, Universal Credit, or other state benefits. The 'No DSS' practice is banned. This applies from the point of advertising — you cannot market a property with conditions such as 'Working tenants only', 'No housing benefit' or 'No Universal Credit'. Letting agents are also directly liable for applying such policies on behalf of a landlord.
Landlords and letting agents are prohibited from inviting, encouraging or accepting offers above the advertised asking rent. Every rental property must be advertised with a clearly stated rent figure. You cannot invite 'best offers', run competitive bidding rounds, or accept voluntary above-asking offers — even if the tenant initiates the offer. It is a criminal offence with fines for breach. This change most significantly affects high-demand areas such as London, Bristol and Manchester, where bidding wars had become widespread.
Since Section 21 is completely abolished, the most common tool for retaliatory eviction — serving a no-fault notice after a tenant complains about repairs or exercises a legal right — is entirely removed. Under the new system, a landlord who uses a Section 8 ground for possession shortly after a tenant has asserted a legal right may face court scrutiny over whether the ground is being used in bad faith. The Ombudsman also provides a route for tenants experiencing unfair treatment.
Attempting possession using grounds that are not legally valid — or using valid grounds in bad faith — is a serious breach of the Act. Tenants can defend possession proceedings in court and judges can dismiss claims where the landlord's case is not made out. In some cases, illegal eviction attempts result in a Rent Repayment Order requiring the landlord to repay up to 24 months' rent. In the most serious cases, criminal prosecution for unlawful eviction remains possible.
Still have questions?
Can't find your answer here? Registered members can ask our AI chatbot — trained specifically on the Renters' Rights Act 2025 — up to 5 questions per day for free. Every answer includes source references and a legal disclaimer.
No credit card. No spam. Unsubscribe any time.