News

The Renters’ Rights Bill is scheduled to return to the House of Lords on 22 October for final approval before it is set to become law.

It has now concluded the ‘ping pong’ phase – a process in which the Lords and Commons exchange the bill back and forth to resolve any remaining disagreements on amendments.

While peers did put forward further changes, it has now been confirmed that no major amendments will be adopted at this stage, especially after the government previously rejected all proposed revisions from the Lords.

Royal Assent – the formal step required for the bill to become law – is likely to be granted within the next few weeks.

The below is a summary of key measures for Landlords in the Renters’ Rights Act based on Property Inside London’s understanding of the legislation as at the time of writing. It is provided on the basis of no liability to Property Inside London Limited- readers should seek their own professional advice

The legislation has been passed. It is due to come into effect on 01 May 2026. The Act is coming into effect in phases but importantly from 01 May 2026 the changes to tenancy agreements take place

End of Fixed-Term Tenancies and Abolishment of Section 21 “No-Fault” Evictions

When the Renters’ Rights Act takes effect:

• Section 21 evictions will be abolished.
• All fixed-term tenancies (Assured Shorthold Tenancies) will become open-ended, periodic tenancies.
• Tenants can end a tenancy at any time by giving two months’ notice.
• Landlords will no longer be able to use S21 notices. Instead, they can only regain possession using specific legal grounds to end a tenancy.

New and Updated Grounds for Possession

Landlords can still regain possession in specific circumstances, however they will only be able to do so by serving a Section 8 (S8) notice using one or more approved grounds. These are divided into mandatory and discretionary categories:

Mandatory Grounds- If proven, the judge must grant possession (except in exceptional circumstances)

• Intention to sell the property
  • Cannot be used in the first 12 months of a tenancy.
  • Requires 4 months’ notice.
  • A restriction will apply on re-letting the property if a sale doesn’t proceed (likely 3–12 months).

• Landlord or close family member intends to move in
  • Same restrictions and notice period as above.
  • Re-letting restrictions apply if plans change.

• Redevelopment of the property
  • Only certain landlords qualify.
  • Requires 4 months’ notice.

• Tenant convicted of specific criminal offences or serious anti-social behaviour
  • No notice period required. Proceedings can begin immediately.

• Tenant has no legal right to rent under immigration law
  • Requires 2 weeks’ notice.

• Tenant owes 3 or more months’ rent
  • Requires 4 weeks’ notice.
  • The rent arrears must still be at or above 3 months at the court hearing.

Discretionary Grounds- The judge decides whether to grant possession

• Rent arrears or persistent late payment
  • 4 weeks’ notice.

• Breach of tenancy terms
  • 2 weeks’ notice.

• Damage to property or furnishings
  • 2 weeks’ notice.

• Anti-social behaviour by tenant, household member, or visitor
  • No notice period required if severe.
  • Includes illegal or immoral use of premises.

• False information provided during application
  • 2 weeks’ notice.

Student Lets

There are two specific provisions for student lets:

• Educational Institutions:
  • May give 2 weeks’ notice if the property was let to students in the previous 12 months.
• Houses in Multiple Occupation (HMOs):
  • If let to full-time students and needed for a new group in the upcoming academic year, 4 months’ notice can be given.
  • This ground cannot be used if the tenancy was agreed more than 6 months before it started.

Rent Increases & Tribunal Challenges

• Landlords and agents cannot advertise or accept rents above the published asking rent.
• Rent increases are limited to once per year, via a Section 13 (S13) notice with at least 2 months’ notice.
• Tenants may challenge the increase at the First-tier Tribunal, which will set a fair market rent (but not above the proposed amount) which will be applicable from the date of the Tribunals decision.
• Upfront rents will be capped at one month in advance.
• A Tribunal cannot set rent above the landlord’s proposal and no backdating is allowed.

Note: Existing agreements made before the Bill becomes law will have a transition period. Rents already paid in advance are unlikely to be required to be refunded, but future payments will need to comply with the new rules.

Rental Bidding Ban

Landlords and Letting Agents must advertise properties with a stated rent and cannot solicit or accept bids above that amount.

Rent in Advance

Landlords cannot request more than one month’s rent (or 28 days) in advance once a tenancy has begun. Tenants may still voluntarily pay more than one month’s rent in advance, but landlords cannot require them to pay beyond the due date.

Right to Keep Pets

Landlords will be required to reasonably consider tenant requests to keep pets. Reasonable grounds for refusal might include if its shared accommodation.

However:

• They may require tenants to have pet insurance for potential damage.
• If pets are prohibited under a head lease or block agreement, landlords may reasonably refuse.

Private Rented Sector Ombudsman

All landlords will be legally required to join a new Private rented sector ombudsman. This body will:

• Handle tenant complaints quickly, fairly, and cost-effectively.
• Provide guidance to landlords on managing complaints.
• Enforce decisions made in tenant complaints.

And:

• Civil penalties apply for failure to join or to market a property without membership.
• Penalties of up to £7,000 for initial breaches, rising to £40,000 for repeated or continuing breaches.

Private Rented Sector Database

Landlords must register on a new national database, which will:

• Record landlord and property details.
• Provide guidance on legal obligations.
• Increase transparency across the sector.

The scope of public access to the data is still under review, with a balance between transparency and privacy.

Rental Discrimination

Landlords will be prohibited from discriminating against applicants solely because they have children, or receive benefits. Reference checks and final tenant selection will still be permitted, but decisions must not be based solely on these factors. A property may still be declined for being unsuitable for example if having children in the property would lead to overcrowding.

Decent Homes Standard & Awaab’s Law

The Decent Homes Standards (DHS) which currently applies to social housing, will be extended to include properties in the private rental sector, though details have not yet been published. The Bill will also extend Awaab’s Law (originally for social housing) to the private sector. This law requires landlords to investigate and fix serious hazards—such as damp and mould—within strict timeframes

Penalties

Failure to comply with the Renters’ Rights Bill may result in significant financial penalties and rent repayment orders

Transitional arrangements

On 1 May 2026, almost every Assured Shorthold Tenancy (AST) in England will immediately convert into the an Assured Periodic Tenancy (APT). This means that any fixed terms will end, and the tenancy will be periodic, rolling from month to month until either the tenant or the landlord terminates it.

The AST and the APT will be treated as one continuous tenancy, and there will be no need to re-serve the compliance documents (such as the Gas Safety Certificate, EICR or EPC), or to re-register the tenancy deposit.

Which ASTs will not become APTs on 1 May 2026?

There are two categories of AST that will not become an APT on 1 May 2026, and that is where there is a pending valid Section 21 notice or a valid Section 8 notice. A valid notice served before 1 May 2026, will remain valid, and the tenancy will remain an AST, until the landlord obtains possession and the tenancy ends, the notice lapses or a judge decides that the notice is invalid. However, there is a short ‘use it or lose it’ backstop date. If the landlord has not initiated court proceedings by 01 May 2026, they must do so by asking the court to issue a claim form by the earlier of 31 July 2026 or the expiry of the notice. A Section 21 notice expires 6 months following service, and a Section 8 notice expires 12 months after service. If the landlord fails to obtain possession because the notice lapses or is not valid, the tenancy will become an Assured Periodic Tenancy.

Further Information

Official guidance from the Ministry of Housing, Communities & Local Government (MHCLG, formerly known as DLUHC between 2021–2024):

Gov UK Guide to Renters’ Rights Bill

In a last-ditch attempt before the Renters’ Rights Bill becomes law, Peers fight back and make further amendments.

The bill returns to the House of Lords next Tuesday (14 October) for its final stages, commonly known as ‘ping-pong’, where it will go back and forth between the Lords and Commons to resolve any remaining disagreements on amendments.

Only three amendments by Peers have been tabled so far, as the bill is not expected to have any major changes before it becomes law.

Pressing again for Ground 4A amendment

According to the Parliament website, Baroness Scott of Bybrook has tabled an amendment that the House “do insist on its Amendment 53, to which the Commons have disagreed for their Reason 53A.”

Amendment 53 concerns possession under Ground 4A, which allows student landlords to regain possession at the end of the academic year for HMOs with three or more tenants, covering typical full-time student house-shares.

Peers had previously urged MPs to broaden Ground 4A to include non-typical students, such as older postgraduates with families, who may live in self-contained one- or two-bedroom properties.

However, MPs rejected this proposal, saying in their amendments-in-lieu paper that “there is insufficient justification to extend Ground 4A beyond student house-shares.” Baroness Scott of Bybrook is once again pressing for the amendment, which will be debated in the Lords next week.

Undermine protections for the small subset of tenants

Lord Young of Cookham will reintroduce amendment 19, which would exempt shared owners from the 12-month re-letting and re-marketing restriction.

Shared owners are people who own part of a home and rent the rest, often through a housing association.

Currently, under the Renters’ Rights Bill, if a landlord evicts a tenant to sell a property but the sale falls through, they must wait 12 months before re-letting it. The amendment would allow shared owners to bypass this restriction.

Housing Minister Matthew Pennycook previously opposed it, warning that it “could undermine protections for the small subset of tenants who happen to rent a sublet home from a shared owner.”

No major amendments expected

The third amendment up for debate in the Lords, proposed by Baroness Grender, would require the government to produce an annual report on the Decent Homes Standard for Ministry of Defence accommodation in England.

The report would need to assess whether the standard has been met and outline steps to address any shortfalls.

Peers can still propose further amendments, but major changes are not expected before next week’s debate.