Renters' Rights Act: Preparing for 1 May 2026
From 1 May, the Renters’ Rights Act will bring significant changes for landlords and renters. With the start date now on the horizon, we outline the key points of the legislation and what they mean in practice.
No-fault evictions abolished
To improve renters’ housing security and reduce eviction-related homelessness, the Act abolishes Section 21, no-fault evictions. This means that from May 2026, landlords cannot evict tenants unless there is a legally valid reason.
While Section 21 notices served before 1 May 2026 will remain valid, after this date, landlords can only seek eviction using a Section 8 notice. The grounds for such possessions include: property damage, anti-social behaviour, and serious rent arrears.
Under Section 8, landlords can still possess a rented property if they wish to sell it or move in; however, the Renters’ Rights Act prevents this during the first 12 months of a tenancy.
Open-ended, periodic tenancies replace fixed-term contracts
Under the Act, rental contracts with fixed end dates will cease and will be replaced with rolling agreements that continue month-to-month. Tenancies will only end if the renters decide to move out or are evicted under Section 8. Tenants will also be able to terminate contracts by giving two months’ notice.
While this increases long-term security for renters, Section 8 grounds for possession will be extended, ensuring landlords can still evict tenants who are in serious breach of their contracts.
Rent increase and advance payment restrictions
The Act limits the number of rent increases to once per year, with rises having to reflect the fair market rent for similar local properties. For assured rolling tenancies, landlords must also provide two months’ notice of any rise, using an official Form 4 Notice. Tenants will be able to challenge excessive increases through a First-tier Tribunal.
In addition, rent review clauses cannot be included in new tenancy agreements, while existing clauses will become invalid. Landlords are also prohibited from requiring large, upfront payments. The maximum that can be requested is one month’s rent in advance.
Unfair and discriminatory practices prohibited
The Act brings to an end several practices considered either unfair or discriminatory. From May, it will be illegal for landlords to refuse property viewings or tenancies to those with children or in receipt of benefits. However, tenancies can be legitimately refused if standard affordability and reference checks determine financial unsuitability.
Landlords are also prevented from having blanket bans on pets and must give fair consideration to a tenant's request to keep them. Requests must be responded to within 28 days, with reasonable grounds given for refusal.
Two other practices that will be banned from 1 May are rental adverts that explicitly exclude families with children or those receiving benefits and conducting bidding wars that encourage tenants to offer more than the advertised rent.
Stronger enforcement
The Act also strengthens enforcement. Local authorities will have greater power to investigate and access property and tenancy records, while rent repayment orders will be extended to superior landlords. This will also see the doubling of the maximum penalty.
Future developments
In addition to the changes above, further phases of the Renters’ Rights Act will come into force over the next few years. These include:
- A Private Rented Sector Landlord Ombudsman providing quick, fair dispute resolution for tenants.
- A mandatory national landlord and property database, with a publicly searchable portal that prospective tenants can access before signing a tenancy.
- Measures to ensure rented properties have met improved quality and safety standards.
If you are affected by these changes or require advice about residential landlord or tenant issues, the Wilkinson Woodward team are happy to help.