Renters’ Rights Act becomes law: significant change for private rental sector in England

The final version of the long-awaited Renters’ Rights Act (RRA) has been published after receiving Royal Assent on 27 October and is set to overhaul the private rented sector (PRS) in England. 

Implementation is expected to occur in phases beginning over the coming months, although timescales are to be confirmed shortly: the rental sector will accordingly be looking to carefully manage these to allow time to adapt to the new requirements.

The RRA provisions are wide-ranging and represent a significant shift towards greater tenant protections. The legislation was subject to intense scrutiny and debate in the House of Lords, with landlord groups expressing concerns about increased costs and administrative burdens, while tenant advocacy groups have welcomed enhanced protections. 

Abolition of assured shorthold tenancies

One of the most significant changes is that assured shorthold tenancies (ASTs) are replaced by periodic tenancies running month to month; with all existing ASTs automatically converting to assured periodic tenancies.
 
Landlords cannot impose minimum lease terms. Tenants may give two months' notice to leave at any time, potentially increasing tenant turnover and administrative costs for landlords.

Abolition of section 21 and amended grounds for possession

The Act abolishes section 21 "no fault" evictions and amends the statutory grounds for possession, including:

• Anti-social behaviour and rent arrears. Adjusted thresholds and evidence requirements.
• Student accommodation. Distinct regimes from other PRS agreements (detailed below).
• Sale. A 12-month minimum wait from the tenancy start before seeking possession to sell the property, with restrictions on reletting. Attempts to reduce this to six months were rejected.

Landlords face a more complex possession process requiring an application to court and submission of evidence, thereby significantly increasing costs and timescales compared to the paper-based section 21 route. Concerns exist over court backlogs and capacity to handle the anticipated increase of proceedings.

Prohibition on payments of advance rent for assured tenancies

Landlords can no longer require tenants to make payments of several months' rent in advance. The RRA prohibits any payment of rent before the tenancy is entered into, although an initial rent (covering the first period) can be accepted during the pre-tenancy period once it is signed. Once the term has commenced, landlords cannot require rent to be paid in advance of the rental period to which it relates and cannot exceed the amount due for than period (the rental period itself cannot exceed one month). 

Rent regulation and increases

Landlords must follow a statutory process to increase rents for existing tenants, who may challenge proposed rent increases in the First-tier Tribunal, which will determine the open-market rent. If this is lower than the proposed rent, the determined open-market rent becomes payable; if higher, the landlord's proposed rent stands.

Where the tribunal makes a determination, the standard position is that the new rent will only become payable from the month after the determination (or exceptionally, two months after where the increase would cause undue hardship for the tenant). However, regulations may be laid to allow for the backdating of any rent increases to no earlier than the date of the landlord's rent increase. Current indications are that this power will only be used in the event that the tribunal system becomes overwhelmed with challenges. 

As there is no fee for a tenant who applies to the First-tier Tribunal for a rent determination, no possibility of the rent being determined to be higher than the landlord's proposal, the tenant will receive a reprieve from a higher rent until the court process has concluded, we are likely to see well-informed tenants opting to make such a challenge.

Any proposed rent increase will be invalid unless the landlord has complied with statutory notice procedures. Furthermore, a landlord must provide at least two months' notice of any proposed rent increase and there can be no more than one increase each year. 

Prohibition on 'rental bidding'

Landlords and agents must state a specific rent when advertising a property for rent and may not accept a higher rent than that stated. The aim of this provision is to improve transparency and fairness for tenants.

Pets

Landlords cannot unreasonably refuse tenant pet requests. The proposal to increase deposits from five to eight weeks' rent to cover pet damages, was rejected, with the House of Commons stating routine deposits can cover pet damage.

We will have to wait and see what the courts determine to be 'reasonable' grounds for landlords to refuse consent, although property damage concerns on their own are unlikely to be accepted.

No discrimination on the basis of children or benefits 

The RRA introduces additional anti-discrimination measures prohibiting discrimination against tenants with children or those in receipt of benefits. The standard of proof for discrimination is the civil standard ("balance of probabilities") not the criminal standard.

This does not prevent a landlord from "discriminating" on the basis that the tenant has failed to provide evidence that it can pay the rent.

Decent Homes Standard

The Decent Homes Standard and Awaab's law, which currently apply to social housing, are to be extended to the PRS, setting minimum requirements for property condition, safety, and facilities.

The extension of Awwab's law will impose new requirements on landlords to address damp and mould, within a specific time period or face enforcement from local authorities. This will be implemented following consultation on the detail. Concerns have been raised over how small landlords will afford the necessary improvements.

Landlord database and ombudsman scheme 

All landlords (including those using a managing agent) must join a new PRS landlord ombudsman service. The ombudsman will seek to resolve any disputes and will have the power to impose obligations on a landlord to take remedial action or pay compensation.

A database is to be established with details of all private-sector rental properties including landlord information. It will be necessary to be registered on the database before a property can be marketed for rent. 

Student accommodation

The RRA maintains a distinct regime for student accommodation. Student tenancies granted by educational institutions or accredited providers are excluded from the reforms provided they are members of the government approved code of practice for management.

Private student landlords benefit from a new possession ground for house in multiple occupation (HMO) properties, allowing recovery at the academic year end if: the tenant is a full-time student, the landlord intends to relet to another student and this intention was disclosed before tenancy start. Four months' notice is required, expiring between 1 June and 30 September.

Student landlords whose property does not meet the criteria for an HMO (for example, a single student renting a one-bedroom flat) are treated in the same way as any other private sector landlord, unless in a purpose-built student accommodation development, (as exempt from the new rules, the details of which still need to be confirmed). Transitional arrangements will also need to be considered carefully for certain student tenancies in force at the time of commencement. 

Checklist for landlords 

Landlords will be looking to consider a range of actions in order to best prepare for the new regime, pending the final version of the RRA and subsequent regulations. They could:

• Review existing tenancy agreements and understand that all ASTs will automatically convert to periodic tenancies.
• Review of lettings and management processes to ensure automation does not inadvertently put landlords in breach of the new requirements (for example, rent in advance).
• Consider resourcing required to ensure landlords can meet notice requirements for all existing tenants anticipated shortly following commencement.
• Familiarise themselves with the new grounds for possession and evidence requirements, particularly if they may need to regain possession in future.
• Ensure compliance with statutory notice procedures for rent increases, including the requirement for at least two months' notice.
• Register with the new landlord ombudsman service when it becomes available.
• Prepare to register properties on the new landlord database before marketing.
• Review pet policies and develop reasonable criteria for pet requests.
• Ensure rental advertisements state specific rents and avoid any rental bidding practices.
• Assess properties against the forthcoming Decent Homes Standard requirements.
• Review tenant selection criteria to ensure compliance with anti-discrimination provisions.
• Consider the financial implications of potentially longer possession proceedings and factor these into business planning.
• Seek legal advice to stay updated on secondary legislation and implementation timelines as they are announced.

Osborne Clarke comment

Although further secondary legislation to provide more detail is awaited, the reforms represent a fundamental shift in the balance between landlord and tenant rights. While the enhanced protections will benefit tenants, the increased complexity and costs of possession proceedings may prompt more landlords to exit the market. 

Combined with existing court delays, this could reduce rental supply and create pressure on rents. Landlords should prepare early for the changes and seek professional advice to navigate the new regulatory landscape effectively.

Rebecca Francis, Sue Thompson and Jess Carter-Syme will be taking a first look at the Renters Rights Act to discuss what's changing and when, as well as who will be affected, in our Residential Rental Reform: Preparing for the new landscape webinar on 20 November at 9.30am as part of our ongoing Property Disputes webinar programme. 

This Insight was updated on 3 November 2025.