50 Business Days to Renters' Rights: What You Need to Know Now

50 Business Days to Renters' Rights: What You Need to Know Now

The first phase of the Renters’ Rights Act comes into effect from 1 May 2026, which means from today (19 February) there are just 50 business days until the lettings landscape changes in England.

So, whether you’re a landlord or a tenant, what do you need to know?

·      The aim of the Renters’ Rights Act is to make the private rented sector fairer for both tenants and landlords

The name of the Act appears to be skewed towards tenants, but in reality, the needs of both landlords and tenants are broadly the same, balancing flexibility with security, and safe, good quality housing with a fair rent. 

The Act encourages good, clear communication and transparency from both sides, and for good, proactive landlords there’s little to worry about. 

·      The Act will be implemented in three phases

The first phase, covering tenancy reform will come in from 1 May 2026. Phase 2, relating to the new landlord Ombudsman and landlord register, has been pushed back to late 2027 with registrations to the database from 2028. There’s no set date for Phase 3 yet, which covers property standards including Awaab’s Law, but this is anticipated to be between 2035 and 2037, giving landlords time to ensure that their properties meet the requirements.

·      Tenancies will transition from Assured Shorthold Tenancies (ASTs) to Assured Periodic Tenancies (APTs) from 1 May 2026

This means that whether a tenancy is new or already running, there will be no fixed end date as there currently are with ASTs. If a tenant needs to move out, they can give notice at any point without being penalised because the fixed term hasn’t ended. 

Similarly, although landlords will have to give their tenants security of tenure for the first 12 months before they can ask for their property back to either sell or move into, they also won’t be bound to a set end date. 

It’s important to note, just because tenants and landlords will be able to give notice, it doesn’t mean they will. A stable, settled tenancy is important to both tenants and landlords.

·      Using the right paperwork will be important

From 1 May new tenancies will be issued with a new Assured Periodic Tenancy agreement. (At Brittons Lettings we’ll be using the tenancy agreement provided by Propertymark to ensure compliance with the new legislation.) Existing tenancies won’t need new agreements, but tenants must be issued with a Government-prescribed information sheet about the changes by 31 May 2026. We will be issuing these on behalf of all our fully managed landlords.

·      How you give notice is changing

In most cases, it’s the tenant who gives notice when they want or need to move on. From 1 May tenants will need to give 2 months’ notice, giving landlords longer to find a new tenant.

Landlords will no longer be able to use a Section 21 “no fault” notice to ask their tenant to move out. Instead, they will have to give their tenant a reason for the request by serving a Section 8 notice. 

The timeframes involved will depend on the reason. If a landlord wants to sell the property or to move in themselves or move family in, the notice period will be 4 months.

·      Landlords mustn’t discriminate against tenants…but they still have a right to decline unreasonable requests

Anti-discrimination legislation already exists and applies to renting, but the Act makes this more explicit and extends beyond protected characteristics to cover tenants on benefits and/or with children. 

Landlords will need to consider applications and requests on a case-by-case basis, whether that’s a new tenant applying for a property or an existing tenant requesting a pet. 

Landlords will be able to refuse an application if:

·      The applicant has insufficient income to afford the property

·      They can’t prove their right to rent (even if they’re a UK citizen)

·      The applicant has a poor credit history, negative references or a criminal history that could be a risk to the safety of others or the property

·      The property would be overcrowded or forced into HMO status

·      The applicant is discovered to have falsified or withheld material information on their application.

If a tenant requests a pet, they will have to provide details specific to the pet in question and a landlord will be able to base their decision on the welfare of the animal provided by the property, or whether having the pet will breach any headlease or impact others or their ability to manage the property.

·      Pricing, negotiating and rent payments will need to be carefully managed

No property can be let above its marketed price. Landlords will still want to reach the property’s full market potential, but the risk of void periods from overpricing a property can make a significant dent in potential income. Pricing that’s sensitive to the local market is going to be essential

Again, this is best managed by experienced, professional letting agents, who understand the requirements of the new legislation alongside the local rental market.

Under the Act, rents can only be increased once a year and tenants will have the right to challenge increases through the First Tier Tribunal if they feel an increase is unfair. Again, local market knowledge will be essential.

Finally, tenants will not be able to be asked to pay lump sums of rent up front. However, once the tenancy is signed a tenant will be able to choose to make a lump sum payment if this makes it easier to manage their rent. Landlords need to be aware that if the tenant gives notice and moves out of the property whilst rent remains on their account, these finds will need to be returned. 

This all might feel like a lot to take in, but at Brittons Lettings whether you’re a landlord or a tenant, we’ve got your back.

We’ll ensure that the transition is as smooth as possible with the right documents served to the right people at the right time and to communicate the changes to everyone affected by the new law. 

We’re using trustworthy resources for advice and guidance, either turning to Propertymark, the membership body for professional property agents, or using information provided directly by the Government.

If you’ve got any questions about what the Renters’ Rights Act means for you, just ask!