If you own a rental property in Crowborough, Hailsham or anywhere else in England, you’ve probably heard that the rules changed on 1 May 2026. What you may not know is exactly which parts of your tenancy, your paperwork and your day-to-day management now need a second look.
The Renters’ Rights Act 2025 rewrote large parts of how private tenancies work. Fixed terms, notice periods, rent increases and even how you advertise a property have all been affected. Some reforms are already law, while others will arrive in later phases. Understanding that difference can help landlords avoid using outdated documents or following processes that no longer apply.
The Renters’ Rights Act changed private renting in England on 1 May 2026. Most assured shorthold tenancies became assured periodic tenancies, Section 21 was abolished, and new rules were introduced for possession, rent increases, rental bidding, advance rent, pet requests, applicant selection and written tenancy information.
When Did the Renters’ Rights Act Changes Take Effect?
The first major changes took effect on 1 May 2026 and apply to most new and existing private tenancies in England.
The Renters’ Rights Act 2025 received Royal Assent in October 2025, but the government divided its implementation into three phases. Phase 1 introduced the new tenancy structure and rules covering possession, rent, payments, pets, discrimination and tenant information.
The changes do not apply in exactly the same way to every form of accommodation. Lodgers, holiday lets, some student accommodation and certain other arrangements may fall outside the assured tenancy system. Landlords should confirm which rules apply to their particular property.
How Have Assured Shorthold Tenancies Changed?
Most assured shorthold tenancies automatically became assured periodic tenancies on 1 May 2026.
An assured periodic tenancy is a rolling tenancy without a fixed contractual end date. It usually continues monthly or weekly until the tenant ends it, both parties agree to end it, or the landlord regains possession through the correct legal process.
Landlords did not generally need to replace every written agreement when the new system began. However, a fixed end date in an older assured shorthold tenancy no longer automatically ends the tenancy. Other lawful terms may continue where they remain compatible with the new rules.
The official assured periodic tenancy guidance explains which tenancies fall under the new system.
| Previous Position | Position from 1 May 2026 |
|---|---|
| Landlords commonly granted fixed-term assured shorthold tenancies | Most new and existing tenancies are assured periodic tenancies |
| A tenancy could have a fixed contractual end date | Most assured periodic tenancies continue on a rolling basis |
| Different methods could be used to increase rent | Landlords must follow the revised Section 13 procedure |
| Rental bidding could push the final rent above the advertised figure | Landlords and agents cannot encourage or accept offers above the advertised rent |
| Several months’ rent could sometimes be requested upfront | Advance rent is normally limited to one month or 28 days during the permitted pre-tenancy period |
Can Landlords Still Use Section 21 in 2026?
No. Landlords cannot issue a new Section 21 notice for a private assured tenancy from 1 May 2026.
A Section 21 notice previously allowed a landlord to seek possession without proving that the tenant had breached the tenancy. Since its abolition, landlords must use Section 8 and rely on one or more legally recognised possession grounds.
Special transitional rules applied to valid notices served before 1 May 2026. However, 31 July 2026 was the final date for starting court proceedings based on those older notices. Proceedings filed by that deadline may continue. Landlords who did not begin a claim in time must use the post-May 2026 possession system.
How Can Landlords Increase Rent Under the New System?
Rent review clauses written into older tenancy agreements can no longer be used to increase rent after 1 May 2026. Instead, landlords must use the Section 13 process: serving a formal notice proposing the new rent, with at least two months’ notice before it takes effect, and increasing rent no more than once a year through this route.
Tenants have a strengthened right to challenge a proposed increase at the First-tier Tribunal if they believe it is above the market rate, and the Act has made this route more accessible for tenants than before. If your current tenancy agreement still relies on an old-style rent review clause, this is one of the areas worth checking now.
The official rent-increase guidance explains these rules in more detail.
How Can a Landlord Recover Possession Under the New Rules?
A landlord seeking possession must normally serve a valid Section 8 notice using Form 3A and identify the legal ground or grounds being relied upon.
Possession grounds fall into two categories:
- A mandatory ground requires the court to grant possession when the landlord proves that all conditions have been met.
- A discretionary ground allows the court to decide whether granting possession would be reasonable.
Available grounds include:
- The landlord intends to sell the property
- The landlord or a close family member intends to move in
- Serious or persistent rent arrears
- Breach of the tenancy agreement
- Damage or deterioration to the property
- Antisocial behaviour
- Certain redevelopment or employment-related circumstances
Each ground has its own conditions and notice period. For example, the mandatory rent-arrears ground generally requires at least three months’ unpaid rent for monthly tenancies and four weeks’ notice. The landlord must prove that the required level of arrears exists when the notice is served and at the court hearing.
A court cannot grant possession if the tenancy deposit was not protected in a government-approved scheme. An incomplete notice, incorrect ground or insufficient notice period can also delay or prevent a possession claim.
Landlords should consult the government’s grounds for possession guidance before taking action.
What Has Changed When a Landlord Wants to Sell the Property?
Landlords can still regain possession when they genuinely intend to sell, but they must use Ground 1A and satisfy its conditions.
A landlord cannot require the tenant to leave under this ground during the first 12 months of a new tenancy. Ground 1A normally requires at least four months’ notice. A notice may be served during the protected period, but it cannot expire before the first 12 months have passed.
After recovering possession under Ground 1A, the landlord cannot normally re-let or remarket the property for 12 months unless a specific exception applies. This restriction helps prevent the selling ground from being used simply to remove one tenant and replace them with another.
For a landlord planning to sell a tenanted property in Crowborough or Hailsham, the protected period, notice requirement and possible court process can affect when vacant possession becomes available. It is sensible to review the tenancy and selling timeline before placing the property on the market.
Can Tenants Offer More Than the Advertised Rent?
No. Landlords and letting agents must advertise a property at a set asking rent and cannot invite, encourage or accept an offer above that figure. This closes off so-called rental bidding wars, where prospective tenants previously competed by offering more than the advertised price. The rent advertised has to be the rent actually charged.
Can Landlords Request Several Months’ Rent in Advance?
In most standard private tenancies, landlords can no longer require several months’ rent upfront.
A landlord or agent must not ask for, encourage or accept advance rent before both parties have signed the tenancy agreement. During the period after signing and before the tenancy begins, the landlord can normally request no more than one month’s rent for a monthly tenancy or 28 days’ rent for another payment cycle.
Once the tenancy starts, rent cannot be required before it becomes due. Limited exceptions apply to certain council-arranged, social or supported housing tenancies.
Holding deposits and tenancy deposits remain separate. The existing limits and protection rules for those deposits still apply. See the GOV.UK advance-rent guidance before changing payment procedures.
Can Landlords Refuse a Tenant’s Request to Keep a Pet?
Landlords can refuse a pet request only when they have a fair and reasonable reason.
The tenant must make the request in writing and describe the pet. The landlord normally has 28 days to respond in writing. If more information is needed, the response period may be extended according to the government’s rules.
A reasonable refusal might apply when:
- The property is too small for the proposed animal
- Another tenant has a serious allergy
- The animal would be illegal to keep
- A superior lease or freeholder does not permit pets
A general dislike of pets or concern that a pet might cause damage is not normally enough. Landlords should assess every request individually, record the decision and explain any refusal. The government provides detailed guidance on pet requests.
What Protections Apply to Families and People Receiving Benefits?
It is now unlawful to discriminate against prospective tenants because they have children or receive benefits, including Universal Credit or housing benefit. This covers direct refusals and policies intended to make applicants less likely to obtain a tenancy because they have children or receive benefits. Landlords can still carry out reasonable affordability checks, but they should apply the same income requirements to all applicants and consider benefits, pensions and other lawful income fairly.
Landlords and agents can still assess affordability and references on an individual basis. What has changed is that a household cannot be screened out purely because of its income source or family status before that individual assessment takes place.
What Written Information Must Landlords Give Their Tenants?
Landlords must provide tenants with a written statement of the key terms of the tenancy, which for most new tenancies will simply be the tenancy agreement itself, provided it covers the required information.
For existing tenancies that already had a written agreement before 1 May 2026, the government published a prescribed Renters’ Rights Act Information Sheet 2026, explaining how the reforms affect that tenancy. Landlords, and any managing agent, are required to give this to tenants named on the agreement by 31 May 2026, either as a hard copy or electronically. A landlord who fails to provide the required written information could face a fine of up to £7,000. Landlords who missed the deadline should check the current government guidance and address the issue promptly.
What Should Landlords Review Now?
For landlords managing their own properties, or those working with an agent, this is a sensible point to check that everyday processes reflect the new rules rather than the old ones. The checklist below covers the areas most likely to need attention.
Renters’ Rights Act Checklist for Landlords
- Review existing tenancy agreements for outdated rent review or fixed-term clauses
- Confirm whether the Information Sheet has been sent to all eligible tenants
- Update possession and notice procedures to use the correct Section 8 grounds and forms
- Replace informal rent reviews with a compliant Section 13 process
- Check that advertised rent matches what is actually charged, with no bidding invited
- Review any request for rent in advance against the one-month limit
- Set up a process for considering and answering written pet requests within 28 days, subject to the rules concerning requests for further information.
- Check applicant-selection criteria for indirect discrimination against families or benefit recipients
- Ensure the deposit is protected correctly before relying on any possession ground
- Keep clear records of notices served, dates and reasons for possession
- Train any staff or contractors involved in lettings on the new requirements
- Check GOV.UK and Propertymark guidance periodically, as secondary legislation is still being introduced
Which Renters’ Rights Reforms Are Still to Come?
Not every part of the Act was implemented on 1 May 2026.
The government’s implementation roadmap separates the remaining measures into later phases:
- The regional rollout of the Private Rented Sector Database is scheduled to begin from late 2026. Registration will eventually become mandatory, but operational details and fees will be confirmed through further regulations.
- Work to establish the Private Rented Sector Landlord Ombudsman forms part of Phase 2. The roadmap currently expects mandatory landlord membership in 2028, subject to the service being ready.
- A Decent Homes Standard will be extended to private rentals in a later phase. The final implementation date remains subject to consultation.
- Awaab’s Law will also be extended to private rentals, introducing enforceable timescales for dealing with serious hazards. Detailed requirements and implementation dates have not yet been finalised.
Landlords should not treat these later measures as fully operational until the government confirms the relevant dates and requirements.
Final Thoughts
The 2026 reforms have not stopped landlords from increasing rent, selecting suitable tenants or recovering possession when they have a valid reason. They have changed how landlords must carry out those actions.
Clear documents, accurate records and consistent communication now matter more than ever. Landlords should also watch for later phases involving the property database, ombudsman and housing standards.
Unsure whether your tenancy documents or management process reflect the 2026 changes? Speak with Charles Century’s lettings team for practical support with a rental valuation, tenant-find service or property management in Crowborough and Hailsham.
Disclaimer: This article provides general information about private renting in England and does not constitute legal advice. Regulations and official guidance may change, and exceptions can apply. Landlords should check the latest GOV.UK guidance or obtain professional legal advice for their circumstances.
Helpie FAQ
- Do I need to issue a new tenancy agreement now?
No. Most existing tenancies automatically converted to assured periodic tenancies on 1 May 2026. You do need to send eligible tenants the government’s prescribed Information Sheet (due by 31 May 2026) if they had a written agreement before that date.
- Can I still evict a tenant without giving a reason?
No. Section 21 has been abolished. You must now use Section 8 with a valid legal ground, such as arrears, sale, or moving in a family member.
- How do I increase rent under the new rules?
Old rent review clauses no longer apply. You must use the Section 13 process, giving at least two months’ notice, and can only increase rent once a year.
- Can I take upfront rent or accept offers above the advertised price?
No. Advance rent is capped at one month (or 28 days), and landlords/agents cannot accept offers above the advertised rent.