LANDLORD EDUCATION - Checked 28 August 2026 - England
If your letting process still assumes that a fixed term will simply end, a rent-review clause can raise the rent, or a blanket “no pets” rule settles the question, the process is out of date.
The first phase of the Renters’ Rights Act 2025 came into force on 1 May 2026. It changed the everyday mechanics of most private assured tenancies in England, including the tenancy model, the way rent is advertised and increased, how pet requests are handled, and the route a landlord must use to recover possession.
This is an operating-system change, not just a tenancy-agreement update. Using an agent does not remove the need to understand whether the system is compliant and evidenced.
1. The default tenancy is now periodic
Existing assured shorthold tenancies moved into the assured periodic regime, and new assured tenancies are periodic rather than fixed term. They run on a rolling basis, commonly monthly, and the agreement cannot set an end date as though the tenancy will automatically finish then.
That does not mean every pre-existing agreement had to be replaced. Where an existing tenancy already had a written record, the landlord was required to give every named tenant the government’s Renters’ Rights Act Information Sheet by 31 May 2026. Where a pre-1 May tenancy was entirely verbal, prescribed written information about the key terms was required instead. New tenancies created on or after 1 May require the prescribed information before the agreement is signed or otherwise agreed.
Do not rely on the heading printed on an old document. Audit the tenancy’s legal status, what information was supplied, to whom and when. Keep proof of delivery.
If the 31 May deadline was missed, do not pretend the paperwork was served on time. Supply the correct material promptly, preserve an honest record and obtain specialist advice on the consequences for the tenancy and any proposed possession action.
2. The letting process changed before move-in
The new rules affect the advert and applicant journey, not only the tenancy after occupation.
Advertise a real asking rent. A landlord or agent must publish an asking price when advertising the property. They must not encourage rental bidding or accept an offer above the advertised rent.
Do not discriminate because an applicant has children or receives benefits. Affordability and referencing can still be assessed, but the process and wording must not create a blanket exclusion on either basis.
Sequence rent in advance correctly. A landlord or agent must not ask for, encourage or accept rent before both parties have signed. During the period after signing and before the tenancy starts, the usual maximum is one month’s rent for monthly tenancies or 28 days’ rent for other payment patterns. Holding and tenancy deposits are separate and remain subject to their own limits and protection requirements.
A loose message such as “offer six months up front to secure it” can create a compliance problem even if the applicant suggested it first. Advertising, application forms and agent instructions should all follow the same compliant workflow.
3. Rent increases now follow one route
For an assured periodic tenancy in England, rent can normally be increased only once a year and not during the first year of the tenancy. The landlord must use Form 4A and give at least two months’ notice. GOV.UK says the section 13 process must be followed every time, even where landlord and tenant have already discussed and agreed the figure.
Old rent-review clauses are not a shortcut around the new process. The proposed figure should also be supported by genuine open-market evidence, meaning the rent reasonably expected if the property were re-let on the open market. A tenant can ask the First-tier Tribunal to determine the new rent if they believe the proposal is above that level.
Do not model aggressive annual growth simply because a spreadsheet permits it. Record the last increase, the earliest lawful next date, the market evidence, the notice and proof of service.
4. “No pets” is no longer a complete policy
A tenant or prospective tenant can make a written request to keep a pet. The landlord cannot refuse without a fair reason and normally has 28 days to respond in writing. If more information is reasonably needed, the landlord can request it. After the tenant replies, the decision deadline is the remainder of the original 28 days or an additional seven days, whichever is later.
Official guidance gives examples of potentially reasonable refusal, including a property that is too small for the proposed animal, another tenant’s allergy, an animal that is illegal to own, or a superior lease that prohibits pets. General dislike of pets, previous damage by somebody else’s pet, or a vague fear about future demand will usually not be enough.
A workable pet process should capture the animal, the property constraints, any lease or insurance position, the evidence considered, the decision and the date. Damage can still be addressed through the tenancy deposit or a relevant insurance policy, but the same loss cannot be recovered twice.
5. Possession is now evidence-led from the start
Section 21 is no longer available for these tenancies. Since 1 May 2026, a landlord seeking possession must use section 8, rely on one or more statutory grounds and normally serve Form 3A with the correct notice period and a proper explanation of why the ground applies. If the tenant remains after the notice expires, the landlord must obtain a court possession order rather than treating the notice as the end of the tenancy.
The route depends on the facts. Grounds may be mandatory or discretionary, and the evidence and notice period vary. For example, the moving-in and selling grounds cannot produce possession within the first 12 months of the tenancy and require four months’ notice. After using those grounds, a 12-month restriction normally applies to re-letting or remarketing the property.
Deposit compliance can also affect access to most possession grounds. The government’s possession guidance says the landlord may need to show that the deposit was protected, the scheme requirements were met and the prescribed information was given.
Possession planning should therefore begin when the tenancy is created, not when the relationship has broken down. Keep the agreement, prescribed information, deposit documents, inspection records, rent ledger, communications, notices and evidence supporting any ground in one retrievable file.
WORKED EXAMPLE
The old shortcut versus the new process
Imagine a landlord has a property at £1,000 per month. The tenant moved in during 2024 and the rent last increased on 1 February 2026. The old agreement contains a rent-review clause, and the landlord is considering selling in 2027.
The landlord should not use the old clause to impose another increase in autumn 2026. The next increase cannot take effect until at least 1 February 2027. It needs the Form 4A process, at least two months’ notice and open-market evidence.
If the landlord later genuinely decides to sell, they do not wait for a fictional fixed-term end date and issue section 21. They assess whether Ground 1A applies, use the current Form 3A, give the correct four-month notice, retain evidence of the intention to sell and understand the restriction on re-letting. If the tenant does not leave, the next step is court, not changing locks or treating the tenancy as automatically finished.
The numbers have not changed in this example. The operating assumptions have.
A seven-point landlord reset
Classify every tenancy correctly. Record the tenancy type, start date, rent period and any exceptional category.
Audit written information. Check the correct documents were supplied to every named tenant and preserve proof.
Update advertising and applicant scripts. Remove bidding language and blanket exclusions relating to children or benefits.
Fix the payment sequence. Separate holding deposit, tenancy deposit and rent. Do not accept rent before signing.
Create a rent calendar. Record the last increase, earliest next date, market evidence, Form 4A and service evidence.
Create a pet-request workflow. Diary the 28-day response deadline and record any fair, property-specific reason.
Treat possession as a legal project. Identify the correct ground, evidence, form, notice period, deposit position and court route before serving anything.
This matters because the new regime is enforceable. Government guidance says certain breaches can attract financial penalties of up to £7,000, while specified offences can attract a penalty of up to £40,000 as an alternative to prosecution. The exact exposure depends on the conduct and enforcement route. Those figures are not automatic fines for every mistake.
What is not yet the same thing as a current duty
The government’s implementation roadmap separates later phases from the rules already live. It says a private-rented-sector database and Landlord Ombudsman are planned from late 2026, while the timing for extending Awaab’s Law and a modernised Decent Homes Standard to the private rented sector remains subject to further work.
Do not ignore those developments, but do not present a planned later phase as though every detail is already in force. Date-stamp procedures and check the official guidance again before changing documents or making a material decision.
Key takeaways
The post-1 May 2026 regime is built around assured periodic tenancies, not a guaranteed fixed-term exit.
Advertising, rent in advance, rent increases and pet requests now require specific processes.
Possession depends on a valid statutory ground, the correct form, evidence and, where necessary, a court order.
Good records are not administrative decoration. They are part of the operating model.
Buyers should test these management costs and constraints during property due diligence, not after completion.
The strongest landlord system is not the one with the most documents. It is the one that makes the lawful next step clear, records the evidence and stops an avoidable mistake before it becomes expensive.
Check the whole deal, not just the headline return.
Explore Brick & Balance’s practical, evidence-led property guides and free decision tools.
Educational disclaimer
This article is general educational information, checked against official sources on 28 August 2026. It is not legal, tax, mortgage, financial or investment advice. Different rules apply outside England. Landlords and tenants should use current official forms and obtain advice from an appropriately qualified professional before serving notices, changing contractual documents or relying on a possession ground.