The Landlord's Renters' Rights Handbook

The Renters' Rights Act amended the Housing Act 1988 and several related pieces of legislation. Rather than creating an entirely new legal framework, it modified the existing one — which means many of the rules landlords are familiar with still apply, but with important changes.

What the Act changed

The Act made the following principal changes:

• Abolished Section 21 (no fault possession) for all tenancies
• Converted all existing assured shorthold tenancies to assured periodic tenancies
• Prohibited new fixed-term tenancies
• Introduced a new rent increase process using Form 4
• Restricted rent increases to once every 12 months
• Gave tenants the right to challenge rent increases at the First-tier Tribunal
• Introduced new and amended Section 8 possession grounds
• Created a right for tenants to request pets (with limited grounds for refusal)
• Extended the Decent Homes Standard to the private rented sector
• Introduced new anti-discrimination provisions
• Created the framework for Register Your Rental Property (the new Private Rented Sector Database)

What stayed the same

Much of the day-to-day framework for private renting remains unchanged:

• Deposit protection rules (30-day protection, prescribed information)
• Gas safety, electrical safety and EPC obligations
• Smoke and CO alarm requirements
• Right to Rent checks
• Repair and maintenance obligations
• The Section 8 notice process (Form 3) — though the grounds have changed
• The court process for possession

The tenancy framework in plain English

Under the old rules, a landlord could grant a fixed-term tenancy (typically 6 or 12 months), and at the end of that term could serve a Section 21 notice to recover possession without giving a reason.

Under the new rules, there are no fixed terms. Every tenancy runs indefinitely. The tenant can leave by giving two months' notice. The landlord can only recover possession by proving one of the Section 8 grounds — for example, rent arrears, anti-social behaviour, or wanting to sell the property.

This is a fundamental shift. Landlords who relied on Section 21 as a backstop — even if they rarely used it — no longer have that option.

Common misconceptions

Several misconceptions are circulating among landlords. Here are the most important ones to correct:

• WRONG: "I can still use Section 21 for tenancies that started before the Act." — Section 21 has been abolished for all tenancies, regardless of when they started.
• WRONG: "My fixed-term tenancy is still valid until it expires." — Fixed terms have been converted to periodic tenancies. The fixed-term end date no longer has legal effect.
• WRONG: "I can increase rent whenever I want as long as I give notice." — You can only increase rent once every 12 months, and you must use Form 4.
• WRONG: "I can refuse a pet request because my mortgage or insurance doesn't allow pets." — Mortgage or insurance restrictions are not automatic grounds for refusal. You must check whether your lender or insurer will actually object, and if so, provide evidence.

All private residential tenancies in England are now assured periodic tenancies. There are no fixed terms. A tenancy begins when the tenant moves in and continues indefinitely until it is lawfully ended.

How a tenancy ends

A tenancy can end in one of three ways:

• The tenant gives two months' written notice to the landlord (tenant's notice to quit)
• The landlord obtains a possession order from the court using a valid Section 8 ground
• Both parties agree to end the tenancy (deed of surrender)

Tenancy agreements

You should use an assured periodic tenancy agreement for all new tenancies. Agreements that reference a fixed term, a break clause, or Section 21 are not illegal, but those provisions are legally ineffective and may cause confusion.

A well-drafted assured periodic tenancy agreement should clearly state:

• That the tenancy is an assured periodic tenancy with no fixed end date
• The rent amount and payment frequency
• The notice period for the tenant to end the tenancy (two months)
• The landlord's obligations for repairs and maintenance
• The tenant's obligations including care of the property
• The pet policy (see Chapter 9)
• Any permitted occupiers

Starting a new tenancy

The process for starting a new tenancy is broadly the same as before, but with some important updates:

• You must reference the tenant thoroughly before granting the tenancy
• You must carry out a Right to Rent check
• You must protect the deposit within 30 days and serve prescribed information
• You must provide the current version of the Tenant Information Sheet (for new tenancies from 1 May 2026 — the How to Rent guide is abolished for new tenancies)
• You must ensure all compliance certificates are in order (gas safety, EICR, EPC)
• You must ensure smoke and CO alarms are fitted and working
• Your tenancy agreement must be an assured periodic tenancy — not a fixed-term AST

The tenant's right to leave

A tenant can end an assured periodic tenancy by giving two months' written notice. The notice does not need to be in any particular form, but it must be in writing and must specify the date on which the tenancy will end.

You cannot prevent a tenant from leaving by requiring a longer notice period in the tenancy agreement. A contractual notice period longer than two months is unenforceable.