May is here and we're now in the new lettings landscape with the implementation of the first phase of the Renters’ Rights Act on the 1st of the month.
This first phase of the legislation made changes to the structure of lettings in the private rented sector. From 1 May tenancies switched to an assured periodic basis, meaning that fixed end dates were removed and tenancies now roll on a month-by-month basis, giving more freedom to tenants and landlord to end the tenancy when needed.
Renters’ Rights Information Sheet
Existing tenancies automatically switched to the new structure on 1 May without needing new tenancy agreements to be signed. Instead, it’s a mandatory requirement that all existing tenants previously on assured or assured periodic tenancies (ASTs) receive a copy of the government’s Renters’ Rights Act Information Sheet by 31 May 2026 as this advises them of the changes.
We emailed all current tenants on our database last week with a copy of the information sheet attached as a PDF to the email. Each tenancy record will show that this has been done. Throughout May we will double-checking our records to ensure that no individual tenant is missed. Failure to issue the Information Sheet correctly by 31 May could result in a £7,000 fine, so we are keen to avoid any oversight.
Landlords who have used our Let Only service are encouraged to carry out their own checks before the end of May as our records will only cover to the point that the tenancy was established. Where tenant changes have occurred under self-management, each indivdual tenant should be provided with the Information Sheet before the end of Mat in accordance with government instructions: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026.
Assured Periodic Tenancy Agreement
For new tenancy agreements we have updated our tenancy documents to an Assured Periodic Tenancy (APT). The includes the mandatory Written Statement with information tenants must receive about their tenancy as well as standard clauses linked to ongoing legislation relating to renting within the private rented sector.
These agreements are sent to the tenants and landlords in advance to be signed digitally. Under the new rules rent can only be requested once the tenancy agreement has been signed by all parties, so efficiency is required to ensure payment is received in cleared funds by the move-in date.
Up-Front Rent Payments
The Renters’ Rights Act aims to remove barriers to renting for vulnerable tenants. The new legislation bans landlords and letting agents from requesting lump sum payments of rent that might cover a 3- or 6-month tenancy period where a potential tenant has issues passing the referencing criteria.
However, where rent has already been paid up front for existing tenancies, this is acceptable and there is no need to reimburse the tenant unless there are funds on their account when they vacate.
In the case of new tenancies, the tenant can also opt to make an up-front payment if that’s their preference. We wouldn’t include a lump sum payment within the terms of the tenancy agreement as it could not be a mandatory condition of the tenancy. Any overpaid funds would have to be available to reimburse the tenant once they vacated.
Rent Increases
Although all tenancies are now on a periodic agreement, as a landlord you still have the right to increase the rent on an annual basis. To get the most from your investment, we would recommend that you take this opportunity and if you are on a Full Management package we will discuss your best options as the timing arises and issue the Section 13 paperwork on your behalf.
Pet Requests
The introduction of the Renters’ Rights Act gives tenants the right to request a pet and you as a landlord cannot withhold consent without good reason. Requests have to be made and considered on a case-by-by-case basis and, taking advice from RSPCA West Norfolk, we have devised an application form to provide you with the information you need to make an informed decision, and to provide reassurance that your tenants will be responsible pet owners.
Once we receive a request, you will have 28 days to make a response.
Notice Periods
One fundamental change to lettings has been to notice periods, both for landlords and tenants.
By far, most of our tenancies are ended by the tenants when they need to move on. Tenants now have to give two months written notice rather than one, and this must end on the last day of the rent period. If one tenant gives notice, it is deemed that the tenancy will end for all tenants on the agreement.
Serving notice has also fundamentally changed for landlords too. The majority of landlord-instructed notices were previously by Section 21 notice. This has now been abolished and landlords need to provide a reason for the eviction from a list of approved grounds.
Landlords who wish to move themselves or family into the property, or wish to sell without a tenant in situ, will need to provide 4 months’ written notice to the tenant via a Section 8 eviction notice under ground 1 /1a. Notice can’t be served for these grounds before the first 8 months of the tenancy, so that the tenant has 12 months security in the property. When evicting a tenant under these grounds there will then be a 12-month restricted period before you can re-let.
It’s essential to do things the right way when it comes to serving notice and we are here to help you with your options under the new framework.
Still to come…
The current changes are only the first phase of the implementation of the Renters’ Rights Act. Phase 2 will be the introduction of a private rented sector database that all landlords will have to be subscribed to, and a Landlord Ombudsman which will hold landlords to account. This is due to be rolled out regionally from late 2026 and into 2027.
Phase 3 covers housing standards, bringing a Decent Homes Standard and Awaab’s Law to the private rented sector. These standards will require rental homes to be free from major safety hazards, including damp and mould, and to remain in reasonable repair. There is no set timeline for this currently, although it is expected that implementation is expected to be between 2035 and 2037. It is still worth bearing these changes in mind, however, especially if carrying out any remedial work or upgrades to your property.
Beyond the Renters’ Rights Act we also have changes due to be implemented to Minimum Energy Efficiency Standards (MEES) with a proposal that all property within the private rented sector should have at least a C-rated EPC by 1 October 2030. We’ll address this in a future blog post, but it's essential that landlords keep a record of any energy efficiency improvements as costs from 1 October 2025 can be allocated to a cost cap.
As professional property agents accredited by Propertymark, we're here to help landlords and tenants navigate their way through the new lettings landscape. If you've got property to let in the King's Lynn and West Norfolk area, let Brittons let for you.
Brittons, 27-28 Tuesday Market Place, King's Lynn PE30 1JJ / 01553 692 828 / [email protected]
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