Landlords and tenants need to prepare for the biggest legislative shake up in a generation

The new Renters’ Rights Act 2025 received Royal Assent at the end of October. At that point the only power in the Act with a timescale attached was that from 27 December 2025 local authorities will be granted new powers to inspect premises, enabling them to take tougher action against rogue landlords and to enforce housing standards.   

The government has now confirmed how the other provisions in the Act will be phased in.  

Sarah Woolnough explained: “The phasing in of the provisions in the Act make it harder for landlords and tenants to keep abreast of the changes, but it is extremely important that they do to ensure they operate within the new parameters.”  

During Phase 1, from 1 May 2026, the new tenancy regime will commence, for both existing and new tenancies. No more fixed term tenancies will be granted and existing tenancies within a fixed term will immediately convert to an Assured Periodic Tenancy (APT).  

This change provides security to tenants as tenancies will not come to an end until either the tenant gives two months’ notice, or the Landlord gives notice based on one of the grounds in the Act. These grounds have changed, with existing grounds amended and new grounds added, that include where landlords either have a reason for possession (i.e.: selling) or on a ‘fault’ ground (i.e.: tenant not paying the rent or anti-social behaviour).  

Other Phase 1 changes include: 

• Landlords seeking to increase rent will now only be able to do so through the S13 Notice of increase route and will be required to give at least two months’ notice before the new rent starts. Tenants will still be able to challenge the Increase by referring to a Tribunal.   

• There will be no more ‘rental bidding’ wars where there is high demand for a property. 

• Landlords will not be allowed to take rent in advance from a tenant. 

• Landlords cannot discriminate against tenants in receipt of benefits or who have children. Landlords must also consider requests for a pet. 

• Rent repayment orders, pursued by either a tenant or a local authority, will now include orders being made against a superior landlord and company directors. This is to ensure that the criminal ‘rent to rent arrangements’ can be properly held to account. 

Sarah continued: “Landlords in particular need to pay attention to these new rules, as if they fall foul of them there are harsher penalties in place in place for local authorities to implement. For example, on a first offence a landlord could be charged £7,000, and repeated offences could lead to a charge of up to £40,000 or the alternative of a criminal prosecution.”  

Also from 1 May 2026, all landlords granting new tenancies will be required to give tenants key information about their tenancy, although this needs secondary legislation. For all existing written tenancy agreements, from 1 May 2026 landlords will be required to provide tenants with an ‘Information Sheet’ about how the Act will affect their tenancy. This also needs further work from the government, so landlords are not expected to be able to get this until the end of March.  

Sarah concluded: “The implementation of the Renters’ Rights Act feels like a bit of a movable feast at the moment. All of the new requirements for landlords are in addition to current requirements, such as gas and electrical certificates, EPCs and deposit protection requirements.  

“It all could become a bit of a minefield for landlords, and they are advised to keep a close eye on updates from the government over the coming months to ensure they are fully prepared.” 

Sarah Woolnough, Senior Associate at Furley Page