0:01 AM, 23rd January 2026, About 3 weeks ago 6
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Most councils will pay the first month’s rent and deposit for someone they deem to owe a housing duty to. In return, the landlord must offer up a min 12 month contract.
The Renters’ Rights Act will change all that. So what happens after May 1st? How will the council end that duty?
A quick search produced this. Particular attention is to be paid to where I have marked with an asterisk!
Based on the Renters’ Rights Act 2025, which abolishes fixed-term tenancies and replaces them with periodic (rolling) tenancies from May 1, 2026, councils will likely discharge their housing duty by arranging suitable, assured periodic tenancies in the private sector rather than 12-month fixed-term contracts.
The act amends existing legislation to shift from a mandatory 12-month minimum term to simply requiring a “suitable” offer of an assured tenancy.
Here is how councils will likely manage this change to discharge their housing duties:
Move to Periodic Tenancies: Instead of securing 12-month Assured Shorthold Tenancies (ASTs), councils will secure periodic assured tenancies. These are open-ended, allowing tenants to stay until they give notice or the landlord uses a valid Section 8 ground to end it.
Protection Period: For the first 12 months of a tenancy, landlords will be unable to use “no-fault” grounds (such as selling the property or moving in) to evict the tenant. This provides a similar security duration to the old system, even if the contract is rolling.
Suitability Assessment: Councils must still conduct a thorough suitability assessment of the accommodation, considering factors like location, affordability, and the household’s needs.
* Enhanced Regulatory Power: Councils are empowered to enforce these new standards and have increased power to investigate landlords, allowing them to better ensure the private rented sector (PRS) accommodation used to discharge its duties is safe and decent.
Re-application Duty: The Act removes the automatic “reapplication duty,” which previously meant that if a household became homeless again within two years of accepting a private rented offer, the original council had to re-house them. Instead, new assessments will be based on the household’s current circumstances.
Focus on Prevention: As private renters will have more security, councils may focus more on early intervention and preventing homelessness rather than relying solely on finding new accommodation for those already evicted.
* In summary, the focus shifts from a 12-month contract guarantee to a “suitable” assured, periodic tenancy, supported by a 12-month initial protection period for the tenant and enhanced council enforcement powers.
Thanks,
Reluctant landlord
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Paul Essex
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Member Since June 2019 - Comments: 711
10:16 AM, 23rd January 2026, About 3 weeks ago
Or simply put ‘no chance of getting your property back from the council ‘ .
Not in particular the emphasis on a valid Section 8, they will employ lawyers to ensure that every comma is in the right spot to prevent them getting the tenants back.
Reluctant Landlord
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Member Since September 2018 - Comments: 3438 - Articles: 5
10:57 AM, 23rd January 2026, About 3 weeks ago
Reply to the comment left by Paul Essex at 23/01/2026 – 10:16
more a case of ..
Post 1st May
PRS LL accepts a tenant from Council housing list.
Council pays rent and Deposit for tenant but cannot demand a guaranteed 12 month TA (because now banned)
Not a problem – the LL can offer the T a one month rolling instead. The law means that PRS LL is stuck with that tenant for 12 months regardless, but at least they are off our housing list = Council housing duty ended.
So basically the PRS LL is now a social housing landlord.
Do councils really think there are going to be queues of PRS LL’s waiting to take them up on this ‘offer’????
I called a council yesterday that I deal with. Their response was that were waiting till the poop hits the fan as they have no idea what to do themselves!
so will allow a PRS LL to take on tenant
Person Of The People
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Member Since January 2025 - Comments: 68
13:35 PM, 23rd January 2026, About 3 weeks ago
This and the previous government are playing their last moves to nationalise the PRS while leaving the capital and occupational risks with landlords. They are taking back what they consider to be ill gotten gains.
The London mayor this week published his response to sector feedback on a consultation paper outlining plans to introduce a new Key Worker Living Rent (KWLR). Under the proposed product, rents and service charges would be capped at 40% of average key worker household income after tax by London borough and then be allowed to increase each year in line with inflation.
So there you have it – 1977 rent controls reintroduced. Now the mechanism is in place it’ll soon spread out of London as there are votes in it. Rents will again be based on a tenant’s income irrespective of the landlords capital cost or risk and politicians will argue that reduced capital values are the right values based on affordable rents.
Every other private business sells to the highest bidder and the market and competition decide the price. The PRS is being turned into a regulated utilities market while still being funded by the capital and credit worthiness of the PRS.
And what did the so-called representatives of the PRS do to oppose it?
DPT
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Member Since October 2020 - Comments: 1106
5:53 AM, 24th January 2026, About 2 weeks ago
Given the Councils new duties to enforce the RRA and the punitive penalties for any infringements, inviting them in sounds like playing with fire.
Jakjak
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Member Since August 2019 - Comments: 13
7:28 AM, 24th January 2026, About 2 weeks ago
I’m starting to see this issue now. AST up for renewal in a few weeks. But council being very cagey about the extra £200 per month top up to LHA that they previously paid towards tenant.
Also no hope of trying to get CPI increase of 2.5% (not asking current rate of 3.4%). I’m guessing LHA won’t go up, council won’t pay and little hope of getting it from tenant.
And strangely the tenant has suddenly found a disrepair issue… Almost as if they are being coached!
DPT
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Member Since October 2020 - Comments: 1106
8:13 AM, 24th January 2026, About 2 weeks ago
Reply to the comment left by Jakjak at 24/01/2026 – 07:28
Its possible that some Councils, (maybe all) will reason that as landlords now have a legal obligation not to discriminate against benefits tenants, there’s no reason to pay to accept them. That may change over time as those tenants still struggle to find accommodation.