Key changes to renters' rights
The team behind the Shelter Legal website share their top ten changes to look out for when the Renters' Rights Act comes into force from Spring 2026.
10. Restriction on rent in advance
Private landlords will be able to ask for a maximum of one months’ rent in advance.
The Tenant Fees Act 2019 will be amended to prohibit demands for more rent. The landlord cannot even accept a tenant's offer to pay more rent in advance.
Landlords and tenants can agree between them to pay rent in advance once the tenancy has started. This is an informal agreement that cannot be enforced in court if the tenant does not keep to it.
9. Renting discrimination prohibited
New rules will bring caselaw banning unlawful discrimination in private renting into legislation.
Terms banning children or benefit claimants from renting a property in a landlord's insurance, mortgage agreement or superior lease will have no effect.
The discrimination ban is UK wide, unlike most of the Act which applies to England only.
8. New housing standards in private sector
Awaab’s Law and the Decent Homes Standard will eventually be extended to the private sector.
Awaab's Law came into force for social tenants on 27 October 2025, the same day the Renters' Rights Act received Royal Assent. The Decent Homes Standard has been under consultation. We are waiting for the government to announce how and when it will be implemented.
New regulations are needed for private tenants. There is no timetable in the legislation for this, meaning it could be delayed by months or even years.
7. Rent repayment orders extended
The grounds for a tenant or local authority to apply for a rent repayment order are extended and include a new offence for misusing a possession ground.
A tenant will have up to two years from the offence to start the claim, increased from one year. Penalties will double, to two years' rent.
Under the new Act, rent repayment orders can be made against a superior landlord or a company director, overturning the Supreme Court decision in Rakusen v Jepsen.
Local authorities have powers to impose a financial penalty of £40,000 on landlords in serious cases.
6. Ground 8 amended
The mandatory rent arrears ground 8 will be substantially amended to make it more difficult to evict tenants for low levels of rent arrears.
The minimum notice period is increased from two weeks to four weeks.
The threshold for rent owed before a notice can be issued is increased to 3 months, from 2 months.
The courts are instructed to disregard arrears that should have been paid by a universal credit housing costs entitlement and could adjourn a claim if it needs more evidence about the benefit claim.
A landlord's breach of deposit rules can be a substantive defence in a similar way to section 21 at the moment.
5. New grounds for possession introduced
The Act introduces or amends 23 possession grounds for assured tenants.
New grounds include landlord or their family intending to move back in (ground 1) or selling the property (ground 1A). These grounds cannot be used in the first 12 months of the tenancy and there are penalties for misuse.
The landlord must not relet the property within 12 months of using ground 1 or 1A.
The landlord's mortgage lender will have a mandatory ground for possession regardless of when the tenancy started.
New grounds to replace section 21 in the social rented sector require additional regulations. The Government does not intend to introduce them on commencement.
4. Tenants can keep a pet in private rented homes
Private tenants can ask for permission to keep a pet and the landlord cannot unreasonably refuse. The landlord cannot demand an increased deposit or insist on specialist insurance.
The government will issue guidance about what is a reasonable request to keep a pet.
A tenancy agreement cannot prevent the tenant from keeping a pet, but a superior lease can.
3. All rent increases can go to tribunal
All rent increases will require the landlord to serve a valid section 13 notice. Terms in a tenancy allowing the landlord to increase rent are ineffective and agreements between landlord and tenant are informal. They cannot be enforced in court by the landlord.
A landlord can use the section 13 process once every 12 months.
The tenant can challenge the increase through the tribunal process with fewer risks. For example, the rent increase only takes effect from the tribunal decision, not the date of the notice, and the tribunal cannot set a higher rent than that proposed by the landlord.
2. All tenancies assured periodic
All new and existing private tenancies will be assured periodic from a set implementation date. The period of the tenancy cannot exceed 1 month.
Fixed terms in existing tenancies will be replaced automatically. Tenants will be able to give two months' notice to end their periodic tenancy, or as little as four weeks' if their tenancy agreement allows.
A fixed term assured shorthold tenancy could be extended for the duration of a valid section 21 notice.
1. End of section 21 eviction
No new section 21 notices can be given after this clause comes into force. The Act does not set a date for the end of section 21. A Commencement Order will be issued for this and other key dates.
Landlords will be able to rely on an existing notice for up to 3 months from the cut off date. Time limits to use existing notices are not extended.
An existing valid section 21 notice extends an assured shorthold tenancy for its duration. That means the Deregulation Act defences including failure to supply a Gas Safety Certificate or How to Rent guide can be raised as a defence.
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