The legislation represents one of the biggest reforms to residential lettings in many years and has introduced new rules surrounding tenancy structures, possession procedures, rent increases, landlord obligations, compliance requirements, and tenant protections.

Whilst many key provisions are now in force, certain additional elements of the legislation continue to be phased in alongside further Government guidance.

Below is a summary of the key changes and what they mean for landlords in practice.

End of Fixed-Term Tenancies
Assured Shorthold Tenancies have now been replaced by periodic tenancies with no fixed end date. Tenancies now continue on a rolling monthly basis until either the tenant chooses to leave or the landlord regains possession using the appropriate legal grounds.

As part of these changes:
– Fixed terms have effectively ended
– Break clauses are no longer enforceable
– Pre-agreed options to renew are no longer effective

During the first 12 months of a tenancy, landlords cannot seek possession in order to:
– Sell the property; or
– Move themselves or a family member into the property

This protected period applies provided the tenant remains compliant with the tenancy obligations.

Although concerns were raised regarding the removal of fixed terms, industry data continues to show that most tenants remain in properties for considerably longer than 12 months and, in practice, it remains more common for tenants to serve notice than landlords.

Section 21 Notices Have Been Abolished

Section 21 “no fault” notices have now been abolished.

Landlords can no longer regain possession without relying upon a valid statutory ground. Possession must now be sought using the relevant Section 8 Ground depending on the circumstances.

The most commonly used grounds include:
– Ground 1 – occupation by the landlord or a family member
– Ground 1A – sale of the property
– Grounds 8, 10 and 11 – rent arrears
– Ground 12 – breach of tenancy obligations
– Ground 14 – anti-social behaviour

Each Section 8 Ground carries its own legal requirements, notice periods, and evidential obligations.

Selling Your Property or Moving Back In

Where possession is sought under:
– Ground 1 (landlord or family occupation); or
– Ground 1A (sale of property)

landlords are required to provide a minimum of four months’ notice.

Importantly, this notice cannot expire during the first 12 months of the tenancy.

Landlords must also be able to demonstrate that the intention to sell or occupy the property is genuine if challenged. Evidence may include:
– Estate agent instructions
– Property marketing particulars
– Sales documentation
– Evidence of occupation arrangements
– Supporting written records

Where possession is obtained using Ground 1 or Ground 1A, but the landlord does not proceed with the sale or occupation, restrictions apply preventing the property from being re-let for a further 12-month period.

Notice Periods

Tenants are generally required to provide a minimum of two months’ notice to leave a property.

Landlords may be required to provide longer notice periods depending on the Ground being relied upon and must ensure all compliance obligations have been properly satisfied before possession proceedings can be commenced.

Rent Increases

Pre-agreed future rent increases written into tenancy agreements are no longer enforceable.

Landlords may now propose rent increases once annually using the prescribed Section 13 procedure.

Any increase must:
– Reflect market value
– Be supported by comparable market evidence
– Provide the required statutory notice period

Tenants retain the right to challenge increases through the First-tier Tribunal where they believe the proposed rent exceeds market levels.

Advance Rent Payments

The legislation has introduced restrictions on advance rent payments for new tenancies.

This includes arrangements involving:
– Quarterly rent payments
– Six-monthly payments
– Annual advance payments

Existing agreements already operating on advance payment arrangements may continue during the current tenancy, however new tenancies are expected to move towards monthly payment structures unless alternative permitted arrangements apply.

Where affordability concerns arise, tenants may still be able to provide a guarantor.

Pets Within Tenancies

Blanket “no pets” clauses are no longer automatically enforceable.

Whilst landlords may continue to advertise properties as unsuitable for pets where appropriate, tenants now have the right to request permission for pets, which landlords may only refuse on reasonable grounds.

Examples may include:
– Restrictions within a superior lease
– Building or management regulations
– Demonstrable health or allergy concerns

Awaab’s Law and Property Standards

Awaab’s Law has now started being extended into the private rented sector in phases.

The legislation follows the death of Awaab Ishak and strengthens landlord obligations in relation to serious hazards such as damp and mould.

The changes introduce:
– Strict legal timescales for investigating hazards
– Requirements for repairs to be completed within specified periods
– Increased enforcement where hazards are not addressed promptly

Landlords are expected to respond promptly to reports of:
– Damp
– Mould
– Ventilation issues
– Water ingress
– Other serious health hazards

Maintaining detailed repair records, inspection reports, contractor invoices, and written communication is becoming increasingly important.

Decent Homes Standard

The Government is introducing the Decent Homes Standard into the private rented sector in phases.

This is intended to ensure rented homes are:
– Safe
– Free from serious hazards
– Properly maintained
– In a reasonable state of repair

Landlords should continue to take a proactive approach to maintenance and property condition.

Private Rented Sector Ombudsman

The Renters’ Rights Act has introduced a mandatory Private Rented Sector Ombudsman scheme, with implementation continuing in phases.

Current guidance indicates that all landlords, including those using a fully managed letting agent, are required to register individually with the scheme once full implementation is completed.

The Ombudsman scheme is intended to:
– Provide an independent dispute resolution service
– Reduce reliance on court proceedings
– Issue binding decisions where appropriate
– Award compensation or require remedial action

Private Rented Sector Database

A national Private Rented Sector database has also been introduced and is being implemented in phases.

Landlords will be required to register both themselves and their rental properties on the database from the point a property is marketed through to the end of the tenancy.

The database is intended to:
– Improve transparency
– Assist local authority enforcement
– Help landlords understand compliance obligations
– Allow tenants access to key information before renting

It will become an offence for a property to be marketed or let without the required registration once implementation is fully completed.

EPC Requirements

The Government continues to consult on proposals requiring privately rented properties to achieve a minimum EPC rating of C by 2030.

Whilst final details remain subject to consultation, landlords are encouraged to consider future energy efficiency improvements where appropriate.

Local Authority Enforcement Powers

Local councils now have increased investigatory and enforcement powers under the reforms.

Civil penalties for non-compliance have also increased significantly, including penalties relating to:
– Failure to comply with legal obligations
– Failure to register with required schemes
– Serious or repeated breaches of legislation

In certain circumstances, criminal prosecution may also apply.

Equality and Anti-Discrimination Rules

The reforms are intended to reduce discrimination within the private rented sector.

Landlords are generally not permitted to refuse tenants solely because:
– They receive benefits; or
– They have children

unless there are legitimate reasons relating to the suitability or size of the property itself.

Important Exceptions

Certain tenancy arrangements are not affected by all aspects of the reforms in the same way as standard residential assured tenancies.

This may include:
– Company lets
– Certain high-value tenancies where the annual rent exceeds £100,000
– Other tenancy types outside the assured tenancy framework

Different legal rules and possession procedures may therefore continue to apply to these arrangements.

How We Can Help

We appreciate that the reforms represent significant changes for landlords and the private rented sector generally.

Our team remains available to assist landlords with:
– Compliance requirements
– Tenancy documentation
– Notice procedures
– Property management guidance
– Legislative updates
– Practical implementation of the reforms

As further Government guidance and implementation updates are released, we will continue to keep our landlords informed of all significant developments.