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Renters’ Rights Act 2025 – It’s Arrived!

bruceandholly
Photo by Alexander F Ungerer on Pexels.com

Christmas has come. Shorthold tenants are now sitting tenants. You can live there as long as you want to. Just as long as you pay your rent and are neighbourly. Except if your landlord had already served the section 21 notice on you before the end of April 2026. Then it’s just about waiting to see if possession proceedings are issued before the 1st August 2026 cut off. If those possessions proceedings have been issued, it may then take a couple of weeks before you even find out about it. Because a congested civil court system is going to become even more stretched with thousands of landlords issuing their section 21 claims before the statutory cut off. Then there’s the bailiff’s appointment to carry out the actual eviction – which potentially could take much longer. Because bailiffs are going to be very busy.

Being a sitting tenant does not mean that your continued occupation is guaranteed. Because even under the new rules, a landlord can still initiate an eviction process if they can prove a genuine intention to sell the property with vacant possession. But that’s going to be a long-winded process.

For those landlords who are staying in the market, get a reputable letting agent. Someone who is up to speed with the changes. Even if you have to pay a little bit more for that quality of service They will be the people on whom you will be relying to protect your interests. Between now and the end of May 2026, there is work which they need to attend to, to protect you from big financial penalties.

It’s also going to be a busy time for your local council. Especially their homeless team. Everyone who has received a section 21 eviction notice before the 30th April 2026 cut off is going to need somewhere else to live. But only those former tenants with a ‘priority need’ (for example those with children or a serious health condition) can be guaranteed somewhere to live, even if it’s only bed and breakfast. So there’s going to be lots of business for hoteliers.

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A Landlord who fails to do this could be fined up to Â£7,000

bruceandholly

Once the Renters’ Rights Act 2025 takes effect on the 1st May 2026, private residential landlords in England will have only 1 month to get tenancies correctly documented or face fines of up to £7,000. This means serving existing tenants with a tenant information sheet explaining their new rights under the 2025 Act. These new rights can include lifetime security of tenure, protection against unfair rent increases, the ability to vacate on as little as 2 months prior written notice, and the outlawing of discrimination against tenants who are on welfare or who have children living with them. For landlords who get it wrong, there may be no second chances. Just a financial penalty.

For new tenancies, or those which were previously undocumented, landlords must issue tenants (as well as prospective tenants) with a written statement of terms containing all the information required by the Assured Tenancies (Private Rented Sector) (Written Satement of Terms etc and Information Sheet) (England) Regulations 2026. The content of that written statement of terms must conform exactly to the requirements of the schedule to the 2026 Regulations. That statement can either be standalone or incorporated in a formal tenancy agreement. The Information Sheet to be served on existing tenants must be downloaded as a PDF and must be issued to tenants either as hard copy or by email but exactly in the prescribed format. To help landlords with this, the Ministry of Housing Communities and Local Government has issued guidance published 20th March 2026 titled, ‘The Renters’s Rights Act Information Sheet 2026: The information sheet about the Renters’ Rights Act 2025 that landlords and their agents must give to tenants’.

Whilst there is no prescribed template for the statement of terms, it is important that particular care is taken to include within these statements of terms any legitimate non-fault grounds of possession to which the tenancy may be subject. Landlords who fail to do this may later have difficulty in recovering possession even when they might otherwise have had legitimate grounds to do so.

The MHCLG Guidance includes the following advice:

  • the information sheet does not have to be given to lodgers but must be given to every tenant named on the tenancy agreement
  • the tenant information sheet is only valid when downloaded from the Government website;
  • the information sheet must be given to tenants either by printing a hard copy and posting or hand delivering to tenants or alternatively sending a PDF electronically as an attachment to an email or text message where it is appropriate to do so. However it is not sufficient just to email or text a link to a tenant;
  • the legislation does not require landlords to change or reissue an existing written tenancy agreement;
  • where a tenancy was informally entered into before 1st May 2026 without a written agreement, the landlord must provide a statements of tenancy terms (see above);
  • Social landlords do not need to provide this information sheet.