- Where only 2 months’ notice is required, the deadline to serve a valid s21 notice will be 30 April 2026. If rent is paid less frequently than monthly (i.e. quarterly or every six months) more notice may be. The absolute deadline for issuing a possession claim will depend on the notice but cannot be later than 31 July 2026.
- From 1 May 2026 there will be no more assured shorthold tenancies (ASTs). All existing tenancies in the private rented sector (PRS) will be become assured periodic tenancies (APTs), and all new tenancies will be APTs. All new tenancies will need to include, or be accompanied by, a written statement.
- By 31 May 2026 landlords will be required to provide an information sheet on the changes introduced for all tenancies on pre-1 May 2026 tenancies. If the existing tenancy is verbal, they must also provide their tenants a written summary of the main terms of the tenancy.
- APTs can only be terminated where the tenant has served notice to end their tenancy at least 2 months before the end of a rental period (they cannot give 2 months’ notice which expires part way through a rental period), or where one of the 37 statutory grounds set out in s8 Housing Act 1988 are met. The Act introduces 20 new statutory grounds, including a mandatory ground allowing landlords to regain possession if they intend to sell their property. Changes have also been made to existing grounds, such as increasing the level of rent arrears required to rely on the mandatory ground relating to rent arrears, and to the notice periods that need to be given.
- Several changes have been made in relation to rent. The marketing details for properties must include the proposed rent. The landlord cannot encourage rental bidding wars, and they cannot accept an offer more than the marketed rent. APTs must provide for rent to be paid monthly, or in instalments of 28 days or less. Landlords will no longer be able to invite or accept payment of rent before the tenancy is entered into, and for new tenancies they will not be able to request more than 1 months’ rent in advance.
- All rent increases must be carried out in accordance with s13 Housing Act 1988. Any contractual rent reviews will be null and void, and the frequency will be limited to once every 52 weeks. We are expecting more tenants to challenge the proposed rent through the First-tier Tribunal, as doing so will delay the rent increase from taking effect until the next rent payment date after the determination by the Tribunal. Further, the new rent will never be more than what is suggested in the s13 notice.
- Whilst landlords must still comply with various statutory requirements such as provision of an EPC and gas safety certificate before the commencement of the tenancy, a failure to do so will not currently bar the landlord from serving notice to terminate. However, a failure to protect the tenancy deposit in an approved scheme or to provide the tenant with prescribed information will result in the landlord being unable to serve a s8 notice. The only exception to this is in relation to evictions for anti-social behaviour. Watch this space as there are rumblings the other statutory requirements could become a pre-requisite for serving a s8 notice, similar to the current requirements to serve a valid s21 notice.
- Landlords will not be able to refuse to rent to families, or those in receipt of benefits. However, they can still undertake referencing checks (at their expense) and make decisions based on affordability. They will also be able to take a pragmatic view and refuse to let the property if it is unsuitable, i.e. a one bed flat is too small for a family of 5.
- There will be a term implied into all tenancies allowing a tenant to have a pet at the property if they ask permission in writing, and the landlord consents. It may be reasonable for a landlord to refuse in certain circumstances, such as a superior lease has an absolute prohibition on keeping pets, the property is too small, or another tenant is allergic. A landlord cannot request an additional deposit or require the tenant to take out additional insurance, nor can then ask for a pet rent unless it is mentioned in the letting advertisement due to the restrictions mentioned at number 6 above.
- If any of the above requirements or restrictions are breached, there will be financial penalties imposed. These range from £3,000 (for a failure to give prior notice that certain possession grounds may be used) up to £40,000 (for knowingly or recklessly relying on invalid possession grounds). Local authorities are under a duty to enforce landlord legislation in their area – if a tenant reports a suspected breach, the local authority will have to investigate or they may face a judicial review over their failure to do so.