The Renters’ Rights Act 2025 is the biggest change to the private rented sector in over 30 years. Phase 1 comes into force on 1 May 2026 , and the questions we received at our recent landlord webinar showed just how much uncertainty there is out there.
We hosted a live session with Martyn Ashley Taylor of Ashley Taylors Legal, a solicitor with over 10,000 landlord and tenant cases behind him, alongside our Lettings Director Melissa and Business Development lead Yasemin. The room was full of sharp, practical questions.
Below we answer every question we received, organised by topic. If you have a question not covered here, or want to talk through your specific portfolio, you can book a free Renters’ Rights advice call with us here.
This article is for general information only and does not constitute legal advice. For advice specific to your circumstances, please consult a qualified solicitor.
1. Tenancy agreements and conversions
One of the most common misconceptions we encounter is that the Renters’ Rights Act only affects new tenancies. It does not. Every existing assured shorthold tenancy converts automatically to a periodic tenancy on 1 May 2026 , regardless of how long it was originally signed for.
Here are the key questions we received on this topic:
- If I have already provided my tenant with a periodic tenancy agreement in April and served the required documents, do I need to do anything else?
No. If you have already converted the tenancy and correctly served all required documents before 1 May 2026, you have met your legal obligations. There is no need to re,serve the same information again when the Act comes into force.
- Do landlords need to reissue all tenancy agreements?
No. Existing agreements convert automatically to periodic tenancies by operation of law. You do not need to reissue them. The only document you must serve is the official Government Information Sheet , to every existing tenant named on the agreement , between 1 May and 31 May 2026.
- As the old AST contracts have clauses that will become obsolete, would it not be better to issue new contracts?
While not a legal requirement, issuing updated agreements for new tenancies or at natural renewal points is very good practice. Any new tenancy starting on or after 1 May 2026 must include a prescribed written statement of terms under the new regime. At Homefinders we are updating all our tenancy agreements to the new Assured Periodic Tenancy format.
- I have an AST which terminates in late July , what do I need to do?
From 1 May 2026, fixed,term tenancies are abolished. If your AST runs past 1 May, it converts automatically to a periodic tenancy on that date , it will not expire at its original end date. If you need to recover possession, you will need to use a Section 8 ground. If you need to act before 1 May, the last date to serve a valid Section 21 notice is 30 April 2026.
- My contract finishes before 1 May , should I make a new contract or will it roll on?
If your fixed term expires before 1 May 2026 and the tenant stays in the property, it becomes periodic under current law. Any new tenancy granted on or after 1 May 2026 must be a periodic tenancy from the outset , you cannot create a new fixed,term agreement after that date.
- I guaranteed a fixed rent to my tenant for three years on a separate signed document. Is this still valid?
This is a complex question that depends on the specific wording of your agreement and how it interacts with the new statutory framework. We would strongly recommend taking specific legal advice on your situation. Please get in touch and we can refer you to Ashley Taylors Legal.
Not sure where your tenancy agreements stand? Book a free portfolio review with Homefinders and we’ll walk you through what needs to change before 1 May 2026.
2. Rent increases
Rent increases under the Renters’ Rights Act work very differently from what most landlords are used to. All rent review clauses in existing tenancy agreements become void from 1 May 2026. The only lawful route is the Section 13 statutory process.
- How much can I increase the rent by?
There is no set percentage cap on rent increases. However, any increase must reflect the open market rent for the property. From 1 May 2026, all increases must be served via a Section 13 notice using the new Form 4A, once per year maximum, with two months’ written notice. Tenants can challenge any increase at the First,tier Tribunal for free if they believe it exceeds market rent.
- I thought the rent review notice on Form 4 is one month , has it changed?
Yes. From 1 May 2026, the notice period for rent increases rises from one month to two months. The old Form 4 is also replaced by the new Form 4A, which is the prescribed form for all Section 13 notices going forward.
- When my ASTs convert to periodic on 1 May, can I serve a Section 13 immediately to increase the rent?
Technically yes, but we would advise caution. You must give two months’ notice, the increase must reflect genuine market rate, and if you have increased rent recently, you can only increase once in any 12,month period. Setting the right rent at the outset , with solid comparable evidence , is the most effective strategy.
- My tenant is asking for 6 months’ notice before a rent increase, saying he needs time to find somewhere with 3 kids. Do I have to give it?
No , the legal requirement is two months’ notice via Section 13. You are not required to give more. If the tenant challenges your increase at the First,tier Tribunal, the new rent will not take effect until the hearing date , which can take months. This is why setting a fair, evidence,backed rent from the start is so important. At Homefinders we handle every Section 13 notice and build the comparable evidence on your behalf.
3. Possession and evictions
Section 21 no-fault evictions are abolished from 1 May 2026. The final date to serve a valid Section 21 is 30 April 2026. After that, all possession must be through Section 8, citing one of 37 specific legal grounds. Landlords cannot simply ‘wait for the tenancy to end’ , possession is now reasons,based, not timeline,based.
The key Section 8 grounds every landlord should know
- Ground 1 , Landlord or close relative moving in: 4 months’ notice required. Not available in the first 12 months of the tenancy. Companies and trusts cannot use this ground.
- Ground 1A , Selling the property: 4 months’ notice. The property must be genuinely listed for sale with evidence. Not available in the first 12 months.
- Ground 8 , Rent arrears (mandatory): 3 months of arrears required before notice can be served (up from 2). Notice period: 4 weeks. Once proven, the court must grant possession.
- Ground 11 , Repeated arrears (new): Tenant has been at least 2 months in arrears on 3 or more occasions in any 3,year period. Discretionary , court weighs all circumstances.
- Ground 14A , Anti,social behaviour: Discretionary. Requires documented evidence: incident logs, police reports, neighbour statements.
- Will evictions still go ahead under the new rules?
Yes , evictions continue under Section 8 with 37 specific legal grounds. The process requires correct forms, correct notice periods, and evidence. Any procedural error makes the notice void and you start again from scratch. This is why having a professional agent and access to legal expertise matters more than ever.
- I have a property with multiple tenants letting rooms individually , do I need to serve a separate Section 8 for each?
Where each room is let on a separate tenancy agreement, each tenancy requires its own notice and, if necessary, its own possession proceedings. This is one of the most complex scenarios under the new regime. We strongly recommend specialist legal advice for multi,let properties , Ashley Taylors Legal can advise on HMO possession specifically.
- If I am selling my property, is it best to give notice after exchanging contracts? What if the sale falls through?
This is an important practical question. Under Ground 1A, you need 4 months’ notice and genuine evidence of a sale. If you serve notice and the sale then falls through, you may face significant difficulties , there is a 12,month restriction on re,letting after using this ground. Timing and sequencing matter enormously. We strongly recommend taking legal advice before serving any notice.
The real arrears risk: under the new regime , 3 months to reach the arrears threshold, 4 weeks notice, 28 weeks average court time , landlords could face 12,15 months of lost rent on a single bad tenancy. Rent guarantee insurance is no longer optional. At Homefinders it is included in our full management package.
4. The Government Information Sheet , the 31 May 2026 deadline
This is one of the most commonly missed obligations. Between 1 May and 31 May 2026, every landlord must serve the official Government Information Sheet on every existing tenant named on their tenancy agreement. It must be the exact PDF from GOV.UK , not a summary, not a link to the page. It must be sent as an email attachment or in hard copy.
Failure to serve it by 31 May carries fines of up to £7,000 per breach. If you use a managing agent, your agent also has a separate legal obligation to serve it , even if you already have.
- What happens if one of my joint tenants doesn’t acknowledge receipt of the document?
For joint tenancies, you are required to demonstrate that the document was properly served , there is no legal requirement for each tenant to acknowledge receipt. Keep a record of when and how the document was sent (e.g. the sent email with the PDF attached) as your evidence of service.
- If I have already issued a periodic tenancy and served all documents in April, do I need to serve the Information Sheet too?
If you have already moved the tenant onto a periodic tenancy and served all required documents before 1 May 2026, you have met your legal obligations. There is no need to re,serve. However, if you are unsure whether what you served counts, it is worth double,checking with us or a solicitor.
- Where can I find the Information Sheet and how long do I have?
Search ‘Renters Rights Act Information Sheet 2026’ on GOV.UK. The deadline is 31 May 2026. At Homefinders we are serving this document on behalf of all our managed landlords as a standard part of our transition process.
5. EPC ratings and property standards
- We have spent £9,800 making our property more energy efficient but it is still likely to fall short of EPC C. Has this money been wasted given the rules are changing?
No, your investment is not wasted. The current minimum EPC standard still applies, and the requirement for EPC C by 2030 is expected to come with transition periods and exemptions. It will not be applied retrospectively. Any improvements you make now count towards the 2030 standard and are likely to be reflected in your rental value. Government support schemes for energy efficiency upgrades may also be available.
- How should reports of mould and damp be handled by managing agents?
Under Awaab’s Law, which will extend to the private rented sector, landlords must investigate and begin remediation of serious hazards, including damp and mould, within strict statutory timescales once these come into force. At Homefinders, all maintenance requests are handled in writing, investigated promptly, and a documented timeline of action is maintained. This is your protection against enforcement action, compensation claims, and Rent Repayment Orders.
6. Deposits, holding deposits and rent in advance
A question that came up in our session about rent before signing is worth clarifying for all landlords. From 1 May 2026, you cannot accept more than one month’s rent in advance once the tenancy is signed, even if the tenant offers more. The advance rent buffer that many landlords have relied on as protection against arrears is gone.
- Are holding deposits still allowed before the contract is signed?
Yes. Holding deposits are still permitted before a tenancy agreement is signed. Under the Tenant Fees Act 2019, a holding deposit is capped at one week’s rent. This is separate from the main security deposit (capped at 5 weeks’ rent). Note: you cannot accept advance rent before the tenancy agreement is signed by both parties, this is a new breach under the Act.
7. Pets, discrimination and the rental bidding ban
- Can I still refuse tenants with children or those on benefits?
No. From 1 May 2026, refusing a tenant solely because they have children or receive Universal Credit or housing benefit is unlawful discrimination. You can still refuse on genuine, documented affordability grounds, if the rent genuinely exceeds what the tenant can afford, or on genuine overcrowding grounds. All refusal decisions must be recorded against a specific, lawful reason.
- What about pets?
Tenants have a right to request a pet. You must respond in writing within 28 days. Any refusal must be reasonable and documented, for example, the property being genuinely unsuitable for the type of animal, or leasehold restrictions. You can require the tenant to take out appropriate pet insurance. A blanket ‘no pets’ policy with no documented reason is a breach of the Act.
8. HMOs
- Are there any major changes specifically for HMOs?
HMOs in the private rented sector are subject to the Renters’ Rights Act in the same way as other tenancies. Each individual tenancy within an HMO converts to periodic on 1 May 2026. HMO licensing requirements remain in place separately and are not changed by the Act. Possession of individual rooms requires Section 8 of grounds. If you manage a large or complex HMO, we recommend a specific consultation.
- What happens to an HMO where all tenants are named on a single AST?
Where all tenants are on one AST, the entire tenancy converts to periodic on 1 May 2026. You serve one Information Sheet (to all named tenants), and any Section 8 possession proceedings would cover all tenants on that agreement. The specific circumstances of your HMO matter significantly, please speak to us or Ashley Taylors Legal for tailored advice.
9. Licensing and local authority enforcement
- Will council licensing document checks change from 1 May?
No, local landlord licensing obligations are separate from the Renters’ Rights Act and remain unchanged. The Act adds new enforcement duties and powers for councils on top of existing licensing requirements, but licensing checks themselves continue as before.
- Is Legionella water testing mandatory yet?
Legionella risk assessments are already a legal requirement for all private landlords under health and safety legislation. While there is no prescribed testing frequency set in primary legislation, landlords must carry out a risk assessment at the start of each tenancy and manage any identified risks. As part of our fully managed service, Homefinders ensures all safety obligations including Legionella risk assessments are in order.
10. Choosing a letting agent and working with Homefinders
43% of landlords have already considered switching to a professional agent because of the Renters’ Rights Act. In our view, given the compliance burden the Act places on landlords, that number should be much higher. But choosing the right agent matters enormously.
What to check when assessing a letting agent:
- Are they a member of a recognised redress scheme (Property Ombudsman or PRS)?
- Do they hold Client Money Protection (CMP), a legal requirement since 2019?
- Do they carry professional indemnity insurance?
- Do they handle all compliance: Section 13 notices, Information Sheets, Gas Safety, EICRs, written tenancy terms?
- Do they offer rent guarantee and legal expenses insurance as part of their full management service?
- Do they have access to legal expertise for Section 8 proceedings?
- Are their terms of business transparent, do you know exactly what is and isn’t included?
FAQs
Yes. Our fully managed service covers all licensing, safety and regulatory requirements, Gas Safety Certificates, EICRs, EPCs, smoke alarms, carbon monoxide alarms, Legionella risk assessments, and local licensing schemes. We also handle the transition to the new regime: Information Sheets, updated tenancy agreements, Section 13 notices with market comparable evidence, and PRS Database registration when it launches.
Yes, we offer a management takeover service for existing tenancies, including those managed by other agencies. We are currently offering a discounted management takeover fee for tenanted properties. Please get in touch to discuss your portfolio.
Yes, the ultimate legal responsibility for compliance sits with the landlord. However, managing agents also carry direct liability for certain breaches: Rent Repayment Orders can be made against managing agents as well as landlords and company directors. This is exactly why choosing an agent with professional indemnity insurance, CMP and redress scheme membership is so important. An agent without these protections leaves you exposed.
Our full management service starts at 5% + VAT per month and includes compliance management, tenant referencing, Section 8 support, Section 13 notices with comparable evidence, maintenance coordination, and rent guarantee insurance options. We are happy to send a full breakdown of services and costs.
Have a question about your specific portfolio?
Book a free 1,to,1 Renters’ Rights advice call with Yasemin or Melissa at Homefinders. No obligation, just a practical conversation about what the Act means for your properties and what, if anything, needs to change before 1 May 2026.