The Traitors meet in the turret

The Renters' Rights Act 2025 ('RRA') received Royal Assent on 27 October 2025 and marks a significant overhaul of the private rented sector. The RRA aims to increase tenant security improve housing standards, and create a fairer rental system for the 11 million private renters in England. Whilst some of the interpretation provisions came into force on 27 December 2025, the majority of the RRA will be implemented in phases, with some of the most significant changes coming into force in the first phase on 1 May 2026.  

The first phase implements core tenancy reform and enforcement measures. In brief, these include the following (we include further detail on these later on in our note): 

• abolition of assured shorthold tenancies – the default residential tenancy will be an assured periodic tenancy and as such from 1 May 2026 no new assured shorthold tenancies can be granted, and all existing assured shorthold tenancies will automatically convert to assured periodic tenancies;
• removal of a landlord's ability to bring a tenancy to an end by serving a section 21 'no-cause notice' – landlords will have to establish grounds for possession under section 8 of the Housing Act 1988 (the 'HA');
• alteration of section 8 HA possession grounds, including the addition of new grounds and alteration to existing grounds, including notice periods;
• ban on rental bidding wars: landlords will not be able to accept offers above the advertised rent;
• control on rent increases: landlords will only be permitted to increase the rent once a year and must follow the section 13 HA statutory process for increasing rent, meaning any contractual provisions increasing rent will be unenforceable;
• prohibition on discrimination against tenants receiving benefits or with children; 
• improvement on the right to request pets – there will be an implied term in all assured tenancies (other than social housing tenancies) that the tenant can request landlord consent to keep a pet;
• restriction on how much rent can be requested in advance of a tenancy commencing – landlords will only be able to request one month's rent in advance;
• expanded penalties that can be enforced by the local authority; and 
• requirement for landlords to provide written information to tenants. 

The second phase is expected to commence at the end of 2026 and will include the introduction of:

• a mandatory database for all private rented sector landlords ('PRS database') – it will be compulsory for landlords to register and pay an annual fee; and 
• an ombudsman scheme which will enable tenants to resolve complaints without going to court – it will be funded by landlords, and it will be mandatory for landlords to join the scheme. 

The timeframe associated with the third phase is subject to consultation but is expected to commence in 2030.  Key measures which are proposed are: 

• ensuring that all private rental properties meet EPC C or equivalent by 1 October 2030 unless exempt;
• bringing into force the Decent Homes Standard: requiring homes within the private rented sector to be safe and habitable, provide a reasonable degree of thermal comfort and also have a reasonable kitchen and bathroom that is 20 years old or less.  The current timeframe for this is expected to be between 2035 and 2037; and
• introducing Awaab's Law for the private rented sector: to ensure that private landlords are obliged to remedy serious hazards and significant damp and mould in a strict timeframe.  These obligations are already being implemented in phases over the course of the next few years for social housing landlords. 

How could the Renters' Rights act apply to legacy properties? 

Your charity may be gifted a property which is rented out.  In this circumstance, the death of the landlord does not bring the tenancy to an end.  Instead, the executor steps into the shoes of the landlord and will become responsible for the management of the property and the ongoing tenancy until either the tenancy comes to an end or the property is sold.  If your charity is appointed executor, you will need to know what the implications of the Act are so that you can ensure compliance.  Even where your charity is not appointed as executor, you will want to ensure that the executors are complying with the Act.  A lack of compliance could prevent or delay the executors being able to sell the property or incur fines which may reduce the value of the estate.   

Which tenancies will fall under the RRA’s watchful eye?

From the 1 May 2026, the RRA will apply to all new and existing residential tenancies, which meet all of the following criteria:

• the tenant (an individual, not a company) is occupying the property as their only or principal home;
• the annual rent is more than £1,000 for properties located in Greater London or £250 elsewhere and £100,000 or less; and 
• the original term of the tenancy does not exceed 21 years.

Some examples of residential tenancies which will not be caught are:

• tenancies where the rent is either in excess of or lower than the thresholds referred to above;
• business tenancies;
• tenancies granted to companies – these are typically where a company requires temporary accommodation for employees;
• tenancies of farmhouses let as part of an agricultural tenancy agreement; 
• tenancies where the property is not the main or principal home of the tenant, such as holiday lets and accommodation provided to students by specified educational institutions;
• tenancies by local authorities and public bodies;
• licensed premises and Crown tenancies;
• tenancies for a fixed term of more than 21 years; and 
• tenancies for a fixed term of 21 years or less but more than 7 years if granted before 27 December 2025.

Will long tenancies typically granted to compromise 1975 settlements be affected by the RRA? 

Where a charity is allowing someone to stay in a property on a long lease in settlement of a claim that the will has not made reasonable financial provision for them under the Inheritance (Provision for Family and Dependents) Act 1975, a charity would typically grant the occupant a long tenancy, usually structured as a lease for a specified number of years depending on their age (say, 50/99 years) terminable on notice after their death.  A key question is whether this type of tenancy will be caught by the RRA? 

The RRA inserts a new section into the Housing Act 1988¹, which states that tenancies granted for a fixed term of more than 21 years from the date of the grant of the tenancy are not assured tenancies and as such fall outside of the RRA regime. Our interpretation of this new section is that tenancies granted for an original term of more than 21 years, whether or not they are terminable earlier than that on notice after death are therefore excluded from the RRA, meaning that they will not automatically convert to assured protected periodic tenancies.  This interpretation is supported by comparing this with other provisions within the RRA, which do expressly state that they do not apply to a lease of more than 21 years which is terminable before the end of the term by notice given by or to the landlord².  However, this is new legislation which has not yet been tested and there is no government guidance on this point meaning our interpretation is not definitive. 

What is well established however is that tenancies where the annual rent is either £1,000 or less in Greater London or £250 or less elsewhere are not assured tenancies and therefore are not caught by the Act.   In practice, a number of our clients are where possible reserving a rent which falls below these thresholds to be certain they are not caught by the RRA.

The final days of fixed-term tenancies and section 21 'no-cause' (also known as no fault) evictions 

When the first phase of the RRA comes into force on 1 May 2026, it will not be possible to grant new fixed-term tenancies.  Any existing fixed-term tenancies will be converted to assured periodic tenancies. In most cases, the period of the new and converted tenancies will be monthly. Whilst tenants will be able to terminate assured periodic tenancies on two months' notice, from 1 May 2026, landlords will no longer be able to serve a section 21 no-cause eviction notice on tenants and will only be able to terminate using specified possession grounds. The RRA therefore affords tenants greater protection. 

A full list of these possession grounds is set out in Schedule 2 of the HA; however, we discuss some of the key new grounds which will be of most relevance to legacy properties below.  

Landlords may serve section 21 notices on tenants before the 1 May 2026 deadline.  Claims for possession pursuant to such section 21 notices must be brought before 31 July 2026.  

You may have seen the recent news article about Surrey police officers and families being evicted from subsidised housing owned by the Surrey Police and Crime Commissioner's Office (the 'PCCO') due to the incoming RRA. Some officers and their families have received section 21 notices requiring them to vacate by 1 May 2026. The PCCO have said that this action was driven by the incoming changes from the RRA and their need to ensure that the subsidised housing can be utilised only by those meeting their affordability eligibility criteria. Some charities who set up stepping stone accommodation schemes will be able to benefit from a new possession ground from 1 May 2026 allowing them to terminate a tenancy granted under the scheme where the tenant no longer meets the eligibility criteria. Whilst Withers is assisting some charity clients in setting up stepping stone schemes, this is unlikely to be relevant for most charities when considering their legacy properties. 

When considering whether to serve section 21 notices or bring proceedings pursuant to section 21 notices, charities must carefully consider any potential reputational damage. As shown by the Surrey police example, there is currently significant media interest in the implications of the RRA. 

The new possession grounds that decide who remains… and who is banished

The RRA introduces new and amended grounds for possession.  The most relevant new ground for legacy officers is likely to be ground 1A which allows a landlord to obtain vacant possession if the landlord is intending to sell the property - or grant a lease of the property for more than 21 years. . This is a mandatory ground meaning that if the landlord can satisfy the requirements of the ground, the court must order possession.  Where one of the discretionary grounds is being relied upon the court may make a possession order if it considers it reasonable. 

In order to rely on ground 1A, a tenancy must have been ongoing for at least one year before the date specified in the section 8 notice that the landlord issues and at least four months' notice must be given. 

Another mandatory ground which may be of relevance is ground 5C which would allow a charity to obtain possession where the property is occupied by a tenant who was occupying the dwelling in consequence of their employment with the deceased. 

To rely upon ground 1A, the landlord will need to show that they intend to sell or grant a lease for more than 21 years.  They will need to give the tenant at least 4 months’ notice and the ground cannot be used until a tenancy has run for at least 12 months.  The landlord will be required to support its application for possession with evidence such as valuations, listings, and offers from potential buyers.  Landlords must be confident that they are going to sell the property if they seek to use this ground as it will be an offence to let or market the property to let within a 12-month period following service of a notice under this ground.

Rent increases under the RRA: a process shrouded in peril

Landlords will not be able to increase rent within the first year of a tenancy. After this period, landlords will be able to increase the rent once a year using the statutory section 13 HA procedure, giving the tenant at least two months' notice when doing so.  Any rent increase clauses set out in the tenancy will be invalid. 

Tenants may challenge a rent increase through the First-Tier Tribunal ('FTT') and will also be able to challenge the rent payable in the first six months of their tenancy.  

If a tenant challenges a rent increase and refers it to the FTT, any rent increase can only come into effect once the FTT have made a determination (i.e. it will not be backdated to the landlord's proposed increase date if that date is before the determination date).  

It is much more likely that tenants will challenge rent increases.  Tenants will no longer be at risk of landlords evicting them for challenging rent increases – referring rent increases to the FTT will not cost the tenant and there is no sanction if the landlord's proposal is upheld.  Also, the reviewed rent will be the lower of the open market rent determined by the FTT and the rent proposed by the landlord. 

There is a concern that the FTT is not sufficiently resourced for the upsurge in referrals, which will lead to significant delays in landlords receiving the revised rent. 

Executors should consider any rent increases carefully, ensuring that they can provide evidence to prove that a rent increase is in line with market rent should a tenant complain.  

The Written Statement  

Landlords must provide their tenants with written information about their tenancy. The position differs depending on when the tenancy was entered into.

If a written tenancy was in existence before 1 May 2026, landlords will need to provide tenants with a government produced Information Sheet informing tenants about the RRA changes. This will be published online in March 2026, and the landlord must serve this on the existing tenant on or before 31 May 2026. 

If a tenancy was in existence before 1 May 2026 but was oral, a written summary of the main terms of the tenancy must be provided instead of the Information Sheet on or before 31 May 2026. 

If a tenancy commences on or after 1 May 2026, a landlord must provide written information about the tenancy to their tenants before the tenancy is agreed. This written information can be included within a written tenancy agreement or provided to the tenant separately. 

For new tenancies, the easiest way to provide the required written information would be to ensure that the information is included within the tenancy agreement. The Ministry of Housing, Communities and Local Government (MHCLG) has published draft regulations setting out the information which must be provided.  The regulations are currently in draft form, but their publication is intended to give landlords time to prepare ahead of implementation. The current draft regulations include the following: 

• names of the landlord and tenant;
• the landlord's address for service of notices (which must be in England or Wales) and the address of the property;
• the date the tenant is entitled to take possession;
• the rent payable and when it is due;
• a statement that the landlord must serve a notice in accordance with section 13 of the HA to increase rent; 
• details of how utilities, television licences, communication services and council tax will be dealt with;
• the amount of security deposit paid; 
• the minimum notice period the tenant must give to end the tenancy;
• a statement outlining the ways that the landlord may end the tenancy: this should outline that the normal process involves serving a section 8 notice (outlining the possession grounds and related notice period) on the tenant and then obtaining a court order;
• in most cases statements setting out the landlord's obligation to ensure the property is fit for human habitation, the landlord's repairing obligations pursuant to section 11 of the Landlord and Tenant Act 1985 and the landlord's obligations under the Electrical Safety Standards in the Private Rented Sector and Social Rented Sector (England) Regulations 2020 and Gas Safety (Installation and Use) Regulations 1998; 
• information about section 190 of the Equality Act 2010 including that the landlord may not unreasonably withhold consent to a tenant's application to make an improvement to the premises for a disabled occupier where the improvement facilitates their enjoyment of the property;
• a statement outlining that the tenant may request a pet and the landlord cannot unreasonably withhold consent; and
• where a tenancy is granted as a tenancy of supported accommodation, a statement to that effect. 

Banishments at the Round Table 

Landlords who breach the RRA will face significant consequences.  

• Financial penalties: Local authority enforcement powers will be strengthened, and they will be able to issue fines of up to £7,000 per breach for first or minor breaches, and up to £40,000 for serious or repeat offences.   
• Criminal offences: Repeatedly breaching the RRA or providing false or misleading information to the PRS database will constitute a criminal offence, for which the local authority can impose an unlimited fine.  
• Rent repayment orders: A tenant will have up to two years to apply to the FTT for a rent repayment order if their landlord has committed an offence, requiring the landlord to repay up to 24 months' rent to the tenant. Whilst this was possible previously, the timescales and level of rent have increased along with the list of offences, which will include:
  • failure to comply with the PRS database or ombudsman requirements;
  • marketing or letting during a restricted period;
  • misusing possession grounds; and
  • breaching the Decent Homes Standard or Awaab's Law. 

• Restrictions on obtaining possession: Where a landlord is in breach of its obligations under the RRA or other existing residential statue such as requirements to protect tenancy deposits or to provide gas safety and electrical certificates, a court may refuse to make an order for possession until the landlord has remedied the breach.  Also, landlords should ensure that all possession grounds that the landlord may seek to rely upon in the future are outlined in their written statement or written tenancy agreement. Not outlining a possession ground does not prevent a landlord from relying upon it, however, a landlord may be seen as using a ground without having provided notice.  This     would open the landlord up to receiving a financial penalty. 

• Reputational damage: Given the seismic changes being brought about by the RRA, it is unsurprising that the RRA has garnered much media attention.  Charities who act as executors must therefore be aware of the significant reputational damage which could result if they are found to be in breach of the RRA. 

Given the significant sums which could be involved, you will want to ensure that executors are complying with the Act so that they do not incur such penalties and then seek to pay these out of the deceased's estate.

What should executors do before dawn?

• Undertake a review of all occupied properties and determine whether it is appropriate for the charity to seek to obtain possession of any of these using the no-cause ground and accelerated possession procedure before the transitional arrangements end on 1 May 2026.
• Undertake a review of all occupied properties to establish whether there are any tenants in occupation without written tenancy agreements.  A written statement must be provided to any such tenants who are assured tenants by 31 May 2026. 
• Ensure internal systems are up to date with details of all existing tenancies to ensure that the standardised Information Sheet explaining how the RRA will affect existing tenancies can be supplied to existing tenants with written tenancy agreements by no later than 31 May 2026. 
• Review and update standard tenancy agreements to ensure that they are RRA compliant.
• Collate up to date EPCs, gas safety and electrical certificates, deposit protection information and other documentation required to evidence that regulatory requirements have been complied with, so that these can be uploaded onto the PRS database if/when required. 
• Prepare for the new administrative requirements – registration on the PRS database and joining the ombudsman scheme.
• Continue to monitor developments closely and keep up to date as the government finalises regulations and issues further guidance. Legacy officers may wish to sign up to receive government email alerts when new guidance is published and the Information Sheet is finalised.

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