Practical legal answers to 10 Renters’ Rights Act questions

In an exclusive for Property118, solicitor Tessa Shepperson of Landlord Law answers some of the most common questions landlords are asking following the abolition of assured shorthold tenancies and section 21. 

The Renters’ Rights Act is now in force, and we have said goodbye to assured shorthold tenancies and section 21 (save from where notices were served before 1 May).

I have done quite a bit of training on the new legislation, and I thought it might be helpful to discuss some of the questions I have been asked.

Here are ten questions with (fairly brief) answers:

1 Do I need to give my existing tenants a new tenancy agreement?

No.  You need to serve an information sheet which has been published by the government and which can be downloaded from the government website here.

It must be served by 31 May, or you could be fined by your Local Authority.

2 Do landlords need to serve the information sheet as well as agents?

The government guidance says:

“If you are a landlord and have a letting agent who manages the property on your behalf, then the agent must provide the Information Sheet to the tenant, even if you have also provided it. “

However, it does not say that if the agent has served the notice, the landlord must too!

I think what the guidance is effectively saying is that if an agent is involved, it is the agent’s responsibility to serve the notice.  But if there is no agent, then the notice must be served by the landlord.

What it is not saying is that in all circumstances where an agent is employed, the notice must be served twice!

It may be a good idea, though, if you use agents, just to check that they are actually serving it.

3 Surely student tenancies will need to have an end date?

Unless your property is Purpose Built Student Accommodation (PBSA), where different rules will apply (per s32 of the Act), a student tenancy is no different from any other tenancy (other than for Council tax purposes).

So, if you are renting to four students sharing, the same rules will apply as if you were renting to four young professionals sharing.

• The tenancy will be a periodic tenancy with no end date
• Tenants can end it at any time by serving a two-month Notice to Quit, and
• The landlord cannot take any rent in advance.

This is why student tenancies are going to be more difficult from now on.  I wrote a series of posts on my Landlord Law blog about this.

These problems were pointed out to the government when the bill was going through Parliament, but they refused to amend the legislation.

I understand that they would prefer all student accommodation to be PBSA and would prefer current non-PBSA accommodation to be available for other tenants, such as families.

4 Can I sign a new APT with my tenants for a higher rent?

No.  With effect from 1 May, the only way that rent can be increased is via the section 13 procedure using the new form 4A.

So, the new tenancy agreement would be effective to change the terms and conditions of the tenancy (if these were different from your previous tenancy agreement), but the new rent would not be effective.

For example, if the tenant refused to pay the difference and you issued proceedings for possession based on those rent arrears, your claim would fail.

Mind you, this has not been tested in the courts yet, but I would be very surprised indeed if a court came to any other decision.

5 What happens if the rent was paid quarterly before 1 May?  Can my tenants still pay quarterly if they want to?

My reading of the Act is that the rent will now be payable monthly, and the quarterly rent will be apportioned accordingly.

However, if the tenants want to carry on paying quarterly, that is fine.  But it is their choice, not yours.

So, if later on they decide they would prefer to pay on a monthly basis, you will have to let them.

6 Do we still need to issue the How to Rent Guide?

No, this has been withdrawn, and landlords no longer need to serve it.

Instead, tenancy agreements need to include all the information set out in the Schedule to the snappily named Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026.

This will tell tenants everything they need to know about their tenancy that was previously in the Guide.  It is also why new tenancy agreements are now significantly longer.

7 Do we have to sign a new APT at the end of the fixed term if tenants want to stay on?

No.  All fixed terms were abolished on 1 May 2026.  So, your tenants currently have a periodic tenancy, which will run on until they decide to leave.

Unless maybe you have grounds for possession.

A lot of landlords are finding it hard to come to terms with this and seem to assume that fixed terms will continue until their end (and that tenants will then need to vacate).

They don’t (and they won’t).

8 What happens if a tenancy is starting mid-month, and we want the rent paid on the 1st of the month?

The Act allows landlords to have a short period at the start of the tenancy.

So, for example, if tenants move in on the 10th of June and the landlord wants the rent to be paid on the first day of the month, the first period will be 10th June to 30th June.

Then, after that, the periods will roll on from the first day of the month to the last day of the month.

My Landlord Law APTs provide for this.

9 Is it allowable to prohibit pets and/or children in an HMO?

Only if the rules permit.  However, it may be easier to do this in an HMO.

For example, if other tenants are allergic to pets, the government has agreed that this will be a valid reason for refusal.

The government has also suggested in its guidance to Local Authorities that if an HMO has a shared kitchen, this would be inappropriate for children, where the HMO licence requires any children in an HMO to have access to a separate kitchen.

So, it really depends on the circumstances.  There is no ‘one size fits all’ answer.

10 Can we refuse to release the keys to new tenants if they have failed to pay the permitted one month’s rent in advance after signing the tenancy?

In most cases, this will be considered a breach of contract, and your tenant would be able to go to court and get an order of ‘specific performance’ ordering you to comply.

My view is that if a tenancy agreement has a clause making the tenancy conditional upon the permitted one month’s rent in advance being paid, this could justify the landlord refusing to release the keys if it is not paid.

However, I suspect the government may take a different view!

This is one of those situations where we won’t really know the answer until

• A landlord has refused to release the keys in these circumstances
• The tenant has then sued the landlord for breach of contract, and
• The court has made a decision.

As this sort of litigation is invariably very expensive, you may not want to risk it!

My advice to landlords seeking to rely on this type of clause is to wait until the issue has been clarified by litigation.

Unless you have deep pockets, or your fees will be paid by insurance or maybe a landlord’s association.  But check with them first!

More help for landlords

The transition to the new regime is proving challenging for many landlords, particularly as many long-standing practices are no longer lawful.

To help landlords navigate the changes, I am making available two of my practical compliance checklists:

• The Renters’ Rights Act Checklist, and
• The Property Checklist.

I hope you will find them helpful.

Tessa Shepperson.

Tessa is a specialist landlord and tenant solicitor and runs the Landlord Law online information service at www.landlordlaw.co.uk.  You can sign up to her free weekly bulletin (and get a free pet form) at www.landlordlaw.co.uk/bulletin.