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Key Landlord Legislation: What Landlords Need to Know in 2026

e-Guide

Lettings law changes regularly, and keeping pace with it is one of the biggest challenges facing landlords today. From Energy Performance Certificates to safety checks and tenancy notices, the compliance burden has grown considerably in recent years. The Renters’ Rights Act 2025 represents the most significant reform of the private rented sector in a generation, and its main provisions came into force on 1 May 2026. At Bright Properties, helping landlords navigate these requirements is a core part of what we do.

This guide sets out the key obligations that apply to every private tenancy in England in 2026, including the changes introduced by the Act. It is updated as of April 2026. Given the pace of legislative change, we recommend confirming specific requirements with a qualified adviser before relying on any individual point.

 

The Renters’ Rights Act 2025: The Biggest Change in a Generation

The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025. Phase 1 of the Act came into force on 1 May 2026. It fundamentally changes how private tenancies are created, managed, and ended in England. Every landlord needs to understand what has changed.

The End of Assured Shorthold Tenancies

From 1 May 2026, assured shorthold tenancies (ASTs) no longer exist. All existing ASTs automatically converted to assured periodic tenancies (APTs) on that date. No new fixed-term assured tenancies can be granted. All tenancies are now periodic, running on a rolling basis with no fixed end date.

The conversion of existing tenancies happens automatically. Landlords do not need to issue new tenancy agreements, and compliance documents such as gas safety certificates, EICRs, and EPC certificates do not need to be re-served simply because of the conversion. The deposit does not need to be re-registered.

Abolition of Section 21

Section 21 no-fault evictions are abolished from 1 May 2026. No new Section 21 notice can be served on or after that date. Landlords can only recover possession by establishing a specific statutory ground under Section 8 of the Housing Act 1988. For a full breakdown of the grounds available, see the separate guide to recovering possession.

Section 21 notices served on or before 30 April 2026 remain valid, but court proceedings must be issued by 31 July 2026. After that date, they cannot be relied upon.

Rent Increases: The Section 13 Process

From 1 May 2026, contractual rent review clauses in tenancy agreements have no effect. Rent can only be increased using the statutory Section 13 process, regardless of what the tenancy agreement says. The requirements are:

    • Rent can only be increased once every 12 months.
    • At least two months’ written notice must be given using the prescribed Form 4A.
    • Tenants have the right to challenge a proposed increase at the First-tier Tribunal if they consider it above market rent.

This applies to all tenancies, including those that converted from ASTs on 1 May 2026. Any existing rent review clause, including RPI or CPI-linked increases, is overridden by these rules.

Prohibition on Rental Bidding

Landlords and agents cannot invite, encourage, or accept offers above the advertised rent. Rental bidding is prohibited. The advertised rent is effectively the ceiling. Landlords should set asking rents carefully before marketing, as they cannot subsequently accept a higher offer from a prospective tenant.

Prohibition on Rent in Advance

For any new tenancy entered into on or after 1 May 2026, landlords cannot require rent to be paid in advance as a condition of the tenancy. Tenants may choose to pay in advance voluntarily, but this cannot be demanded or included in the tenancy agreement as a requirement.

Tenant Notice to Quit

Tenants can end a periodic assured tenancy at any time by giving at least two months’ written notice, with the tenancy ending on the day rent is due or the day before. This is a day-one right from the start of the tenancy. Landlords cannot require a minimum term during which the tenant cannot serve notice.

The Renters’ Rights Act Information Sheet

Landlords were required to provide all assured tenants with the government’s Renters’ Rights Act Information Sheet 2026 by 31 May 2026. The sheet explains the key changes and how they affect existing tenancies. It must be given individually to each named tenant, either as a printed copy or as a PDF attached to an email.

 

Day-to-Day Compliance: What Every Private Tenancy Requires

Alongside the changes introduced by the Renters’ Rights Act, a number of ongoing obligations apply to every private tenancy in England. The following are among the most significant. These requirements have not changed under the Act, but landlords should confirm the current position with a qualified adviser before each new letting, as the wider legislative framework continues to evolve.

Right to Rent Checks

Before a tenancy begins, landlords must verify that all adult occupants aged 18 or over have the legal right to rent in England. The check must be carried out before the tenancy starts and repeated if a time-limited right to rent is identified. Failure to carry out a valid check can result in a civil penalty of up to tens of thousands of pounds per occupier.

Energy Performance Certificate

A valid Energy Performance Certificate (EPC) must be provided to prospective tenants before the tenancy begins. Privately rented properties in England must meet a minimum energy efficiency standard. The current minimum is EPC rating E. Confirm the current minimum standard with a specialist before letting, as further changes to minimum EPC requirements have been under consultation.

Gas Safety Certificate

Where a property has gas appliances or a gas supply, an annual gas safety check must be carried out by an engineer registered with the Gas Safe Register. The resulting Landlord Gas Safety Record (LGSR) must be given to the tenant within 28 days of the check, and to any new tenant before they move in. A copy must be retained for at least two years.

Electrical Installation Condition Report

Private landlords in England are legally required to have the electrical installation inspected and tested at least every five years by a qualified electrician registered with NAPIT or an equivalent government-approved body. The resulting Electrical Installation Condition Report (EICR) must be given to the tenant before they move in and to any existing tenant within 28 days of the inspection. Where the report identifies remedial work, it must be completed within 28 days, or within the shorter period specified in the report.

Smoke and Carbon Monoxide Alarms

Landlords must ensure that at least one smoke alarm is installed on each storey of the property used as living accommodation, and that it is in working order at the start of each tenancy. A carbon monoxide alarm is required in any room containing a fixed combustion appliance, including gas boilers. These requirements apply to all private rented properties.

Tenancy Deposit Protection

If a deposit is taken, it must be protected in a government-approved tenancy deposit scheme within 30 days of receipt. The three approved schemes are the Tenancy Deposit Scheme (TDS), the Deposit Protection Service (DPS), and MyDeposits. Prescribed information about the scheme must also be served on the tenant within the same 30-day period. From 1 May 2026, correctly protecting the deposit is a prerequisite for obtaining possession under most Section 8 grounds.

Written Statement of Terms

From 1 May 2026, landlords granting new assured tenancies are legally required to provide tenants with a written statement of the key terms before the tenancy is entered into. This must include information about the rent, the notice period required to end the tenancy, and the landlord’s statutory repairing obligations, among other prescribed details. The statement can be incorporated into the tenancy agreement or provided as a separate document.

 

Incoming Obligations: What Landlords Should Prepare For

The Renters’ Rights Act 2025 also introduces obligations that will come into force in later phases, subject to consultation and secondary legislation. Landlords should be aware of the following.

Awaab’s Law Extension to the Private Rented Sector

Awaab’s Law currently applies to social housing and requires landlords to address reported hazards such as damp and mould within legally specified timescales. The Act extends this requirement to the private rented sector. The specific timescales for private landlords are subject to secondary legislation and have not yet been confirmed. The direction of travel is clear: prompt, documented responses to reported hazards will become a legal requirement.

The Decent Homes Standard

The Decent Homes Standard, which has applied to the social rented sector for many years, is being extended to the private rented sector for the first time. It will require privately rented properties to be safe, in a reasonable state of repair, and free from serious hazards. Implementation timescales are subject to consultation.

Private Rented Sector Landlord Database

The Act establishes a national landlord database, on which landlords will be required to register their properties. Landlords who are not registered may be prevented from using certain Section 8 grounds for possession. The database is expected to be introduced in a later phase of the Act’s implementation.

Private Rented Sector Ombudsman

An ombudsman scheme for the private rented sector is being established under the Act. All private landlords in England will be required to join, providing tenants with a free route to resolve complaints without going to court. Implementation is expected in a later phase.

Frequently Asked Questions

1. What is the most important piece of landlord legislation in 2026?

The Renters’ Rights Act 2025 is the most significant change. Its Phase 1 provisions came into force on 1 May 2026 and affect every private tenancy in England. The abolition of Section 21, the conversion of all ASTs to periodic tenancies, the new rent increase rules, and the prohibition on rental bidding all require landlords to review their management practices.

2. Do I need to issue a new tenancy agreement when my AST converted on 1 May 2026?

No. Existing ASTs converted to assured periodic tenancies automatically on 1 May 2026. You do not need to issue a new agreement, re-serve compliance documents, or re-register the deposit simply because of the conversion. The tenancy continues as one continuous agreement.

3. How do I increase the rent on a periodic tenancy from 1 May 2026?

All rent increases must now use the Section 13 process, regardless of what any existing tenancy agreement says about rent reviews. You must give at least two months’ written notice using the prescribed Form 4A, and you can only increase rent once in any 12-month period. Tenants can challenge the proposed increase at the First-tier Tribunal if they consider it above market rent.

4. Can I still charge rent in advance?

For new tenancies entered into on or after 1 May 2026, you cannot require rent to be paid in advance as a condition of the tenancy. Tenants may choose to pay in advance voluntarily, but demanding it is prohibited. This does not affect deposits, which remain subject to the separate rules under the Tenant Fees Act 2019.

5. What compliance documents do I need to provide at the start of a new tenancy?

At the start of a new assured tenancy, landlords are required to provide a written statement of terms before the tenancy is entered into, a valid EPC, a current gas safety certificate (where applicable), an EICR, and deposit protection information including prescribed information about the scheme. The Renters’ Rights Act Information Sheet should also be provided. Confirm the full current list with your letting agent or adviser, as requirements continue to evolve.

Helping you with your property

Staying compliant has never been more demanding, and the pace of legislative change shows no sign of slowing. If you are looking for support managing your obligations, our team is here to help.

Email: contactus@brightproperties.co.uk

Telephone: 01865 819020

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