Mark Chick
Bishop & Sewell
With the recent focus on the run up to, and the subsequent details of the budget, the Government’s publication of its timeline for phasing in the Renters’ Rights Act may have gone under the radar for some. But for landlords and tenants alike, the implementation of what many have described as the biggest legislative shake up in a generation will have significant implications. The Act applies generally in England with limited changes in Wales.
When the Act received Royal Assent at the end of October, the only power within the Act that had a timescale attached to it related to the new powers for local authorities to inspect premises, which came into force on 27 December 2025. This will enable local authorities to enforce housing standards and take tougher action against so called ‘rogue’ landlords.
We now know that a raft of other provisions in the Act are coming in during ‘Phase 1,’ which will take effect from 1 May 2026. This is the date that the new tenancy regime will start, and this will apply to both new and existing tenancies. The key change is that no more ‘fixed term’ tenancies will be granted from that date, and existing tenancies with a ‘fixed term’ will immediately convert to an Assured Periodic Tenancy (APT).
The introduction of APTs is aimed at providing additional security to tenants. These tenancies will only come to an end when either; the tenant gives two months’ notice; or the Landlord gives notice based on one of the grounds in the new Act. The existing list of appropriate grounds has been amended, and new grounds have been added. These grounds now include a ‘fault’ ground, where, for example, a tenant has not been paying the rent or is engaging in antisocial behaviour, and also a ‘reason for possession’ ground, for example where the landlord is selling the property.
Other changes coming in Phase 1 include a ban on landlords taking rent in advance from a tenant; the end of rental bidding wars when there is a high demand for a property; landlords having to consider requests for pets; and a ban on landlords discriminating against tenants who are in receipt of benefits, or who have children.
When it comes to rent increases, from 1 May 2026 landlords will only be able to do so though the S13 ‘Notice of Increase’ route and must give tenants at least two months’ notice before any increase comes into effect. Any proposed increase can still be challenged by a tenant referring it to a Tribunal.
A further new obligation for landlords from 1 May is to provide all new tenants key information about their tenancy, and all existing tenants will need to be provided with an information sheet about the impact the new Act will have on their tenancy agreement. These obligations will require secondary legislation before being introduced and the government has indicated that landlords will have to wait until March before getting additional information regarding this obligation.
Phase 2 of the implementation plan is the setting up of a Private Rented Sector (PRS) database and the establishment of a Landlords’ Ombudsman.
The Act also expands Awaab’s Law to the private sector, requiring landlords to fix reported health and safety hazards, such as damp and mould within a set timeframe, as well extending the Decent Homes Standard to the PRS. These will be in Phase 3, with timings confirmed following further consultation.
The implementation of the Act means there will be significant changes next year, especially for landlords, and it is imperative that they keep abreast of the changes. If they fall foul of them, local authorities will have harsher penalties in place, with first offences potentially attracting a £7,000 fine, and repeat offences could lead to a penalty charge of up to £40,000 or a criminal prosecution.
These changes herald the most major shake-up in the private rented sector since the introduction of the AST regime by the Housing Act 1988 some 37 years ago. Whilst much publicised, I expect that there will still be those caught out by these changes and this definitely a ‘game changer’ for all those involved in the private rented sector.
The Renters’ Rights Act is certainly ‘one to watch’ for 2026 as the impact of these changes filter into the wider property market.
Mark Chick is the Joint Head Bishop & Sewell’s expert Landlord & Tenant team.
If you have a query concerning leasehold property, email: [email protected] or call on 020 7631 4141.
The above is accurate as of December 2025.
