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From 1 May 2026, the Renters’ Rights Act 2025 (‘RRA 2025’) governs all assured tenancies in England and Wales (including tenancies granted before 1 May 2026), representing the biggest reform of the private rented sector since the Housing Act 1988.
Fosters Solicitors’ Property Litigation team are expert in advising landlords on how this new legislation affects them. In this article, our property litigation specialist – Tyler Clayton – sets out the key changes that the RRA 2025 introduces and what landlords must be aware of.
The RRA 2025 converts any existing assured shorthold tenancy (i.e. granted before 1 May 2026) where rent is more than £250 a year into an assured periodic tenancy (‘APT’), and any assured tenancy granted on or after 1 May 2026 will be an APT.
The period of each APT term is the same as the rent period, e.g. if rent is due monthly, the periodic term will be monthly, and if rent is due weekly, the periodic term will be weekly.
A tenant can terminate an APT at any point by serving no less than two months’ notice.
An APT can state the tenant can give less than two months’ notice, but it cannot require the tenant to give more notice.
Landlords and agents cannot demand, encourage, or accept rent payments in advance before an APT is entered (i.e. signed by all parties). If a landlord accepts rent at this stage, even a voluntary payment, they breach the Tenant Fees Act 2019, meaning the payment might need to be returned. It could also lead to a civil penalty.
After the APT is entered but before the tenant moves in, the landlord/agent can demand up to a month’s rent or up to 28 days if the rental period is less than a month (i.e. the initial payment of rent). Any clauses demanding larger initial rent payments are null and void, though a tenant can voluntarily pay more if they choose to.
For all subsequent payments, a landlord can only require the rent be paid during the rental period for which the rent is payable. As rental periods are limited to no more than a month pursuant to the RRA 2025, a landlord is prevented from requiring more than a month’s rent. Any clauses demanding such advance rent payments are null and void, though a tenant can voluntarily pay earlier or more if they choose to.
The RRA 2025 introduced new and amended mandatory and discretionary grounds that a landlord an rely on to seek vacant possession of the subject property.
The grounds continue to be listed in Schedule 2 of the HA 1988, which can be found here.
Rent can only be increased once a year.
To increase rent, a landlord must serve notice pursuant to section 13 of the Housing Act 1988 (‘HA 1988’) (using the pro-forma form i.e. Form 4), which must give the tenant at least two months’ notice. Form 4 can be found here.
If a tenant believes the proposed rent increase exceeds market rate, they can challenge the rent increase at the First-tier Tribunal Property Chamber (Residential Property), which will determine what the market rent should be.
Adverts for the letting must state the proposed rent.
Landlords and agents cannot invite, encourage, or accept an offer from any person to pay an amount of rent under the proposed letting that exceeds the stated rent.
A landlord cannot refuse a tenancy to someone on the basis that they have a child/children or owing to their benefits status.
It is an implied term of every APT that:
The tenant’s request must:
If a landlord refuses to provide consent to a pet being kept at the property, they must be able to reasonably justify why they have done so.
For any tenancy that commenced on or before 30 April 2026, a landlord must serve the tenant with The Renters’ Rights Act Information Sheet 2026 by 31 May 2026.
For any tenancy commencing on or after 31 May 2026, a landlord must provide the tenant with the written statement of terms. This statement must be provided in writing (either within the tenancy agreement or as a separate document) and must include the terms and information stated in Schedule 1 of The Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026, which can be found here.
A landlord should continue to provide the tenant with annual gas safety certificates (if the subject property has a gas supply) and an up-to-date energy performance certificate (which must be renewed every 10 years).
If the tenant pays a deposit, the landlord must provide the tenant with the tenancy deposit prescribed information and register the deposit with an authorised tenancy deposit scheme within 30 days of the deposit being received.
The landlord will no longer have to booklet entitled How to rent: the checklist for renting in England.
Do you have questions about the Renters’ Rights Act and how it could affect you?
Our dedicated Property Litigation solicitors, recognised in this field, regularly advise landlords and tenants from both the commercial and residential sectors. We offer clear, cost-effective advice based on years of dedicated expertise that we use to deliver your objectives.
We aim to give you the perspective you need to make informed decisions about how to move forward. We are happy to have an initial phone discussion, without obligation on you, to ascertain how best we can assist. We offer initial consultations to new clients at reduced rates, providing face-to-face or virtual meeting advice, followed up in writing. Contact us for more information.
This article was produced on the 1st May 2026 for information purposes only and should not be construed or relied upon as specific legal advice.
