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Renters’ Rights Act

The Renters’ Rights Act (previously the Renters’ Rights Bill) is described as the biggest change to the private rental sector in recent times.

As we approach the date that the first stage of the changes will come into force on 01 May 2026, further guidance and secondary legislation will be published to enact the changes.

A new draft statutory instrument has been published by the Ministry of Housing, Communities and Local Government (MHCLG). This is one of many steps that will be taken in preparation for the implementation of the Renters’ Rights Act.

From 01 May 2026, landlords must provide tenants with a written statement of information before a tenancy agreement is signed or otherwise agreed. It is important to note that the written statement is not the tenancy agreement. It is a separate document (which can be incorporated within the tenancy agreement) that tenants must be provided with.

What information needs to be provided in the written statement?

The Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026 provide a comprehensive list of the information that will need to be provided in the written statement. 

The key information is set out below as follows:

  • Details of the parties 
    • Name of landlord and tenant. 
    • Address for service of notices.
    • Address of the rented property. 
  • Terms of the Tenancy Agreement.
    • The date when the tenant is entitled to possession of the property. 
    • The rent payable and when it is due.
    • A note explaining that for any rent increases, the landlord must serve a notice under section 13 of the Housing Act 1988
  • Minimum notice period for the tenant. 
  • A statement setting out how the Landlord can obtain possession. 
    • This will be achieved by following the Section 8 process in the Housing Act 1988.
  • A statement setting out the landlord’s obligations. 
    • Ensuring the property is fit for habitation. 
    • Ensuring the property is kept in repair (section 11 of the Landlord and Tenant Act 1985).
    • Ensuring compliance with the electrical and gas safety regulations. 
  • A tenant’s right to request permission to keep a pet. 
  • Information regarding applications for improvements to premises to facilitate a disabled person’s occupation and enjoyment of the property under section 190 of the Equality Act 2010.

It is important to note that this information is still in draft form and subject to change.

Consequences of not providing the written statement

A failure to provide this information before the tenancy agreement is signed or agreed to will be a breach of the Renters’ Rights Act and could lead to a fine.   

Tenancies entered before 01 May 2026

For any written tenancy (previously an AST) signed and entered before 01 May 2026, a statement of information is not required. Instead, landlords will need to provide an information sheet which is set to be published in March 2026. Its purpose is to set out how the tenancy may be affected by the changes introduced by the Renters’ Rights Act. 

Landlords will need to provide this to their tenants by 31 May 2026.

For verbal tenancy agreements entered into prior to 01 May 2026, the position is different in that landlords must provide the full written statement referred to above by 31 May 2026.

How to prepare for the Renters’ Rights Act

With 01 May 2026 and the Renters’ Rights Act fast approaching, landlords should keep an eye out for further updates and guidance provided.

Key Changes

  1. The Renters Rights Act delivers its promise to end ‘no-fault evictions’ by removing Section 21 of the Housing Act 1988 entirely. Landlords will now have to rely on Section 8 notices when regaining possession.
  2. Landlords will no longer be able to engage in fixed-term tenancies, even if this is preferred by the tenant. Tenancies will now be automatically rolling (periodic) e.g. on a month to month basis.
  3. The Act has put a stop to being tied into a tenancy for a year or longer. Tenants will be able to end tenancies with two months’ notice whilst landlords will have strengthened and extra grounds for possession.
  4. Tenants will be better protected against backdoor evictions by being able to challenge rents above market rate. There will only be one way to legally increase rent which is by using the procedure set out under Section 13 Housing Act 1988.
  5. The Act introduces the Private Rented Sector Landlord Ombudsman to implement and uphold the upcoming changes. Tenants will be able to bring their complaints to the Ombudsman. We do not yet know when this will be rolled out.
  6. The Act introduces the Private Rented Sector Database. Both the landlord and their property will be required to register. Tenants will be able to access this to find out whether their landlord has received financial penalties or whether they have been subject to regulatory action. We do not yet know when this will be rolled out.
  7. Tenants will now have stronger rights to request a pet in the property. The landlord cannot unreasonably refuse.
  8. Decent Homes Standard is now applicable to the private rented sector with the hope to eliminate poor-quality homes
  9. Awaab’s Law now also applicable to the private rented sector. Landlords must deal with hazards such as damp and mould in a suitable and timely manner.
  10. The Act now makes it Illegal for landlords to discriminate against prospective tenants in receipt of benefits or with children. Everyone must be treated fairly when being considered for a property.
  11. The Act prohibits Rental bidding. Landlords and agents will be required to publish an asking rent for their property and cannot accept offers made above this rate.
  12. The Act introduces stronger local authority enforcement by expanding their investigatory powers and civil penalties.
  13. The Act strengthens rent repayment orders by extending them to superior landlords, doubling the maximum penalty and ensuring repeat offenders have to repay the maximum amount.

 

Cited: Kitson website - by Fiona Hannaford who is a Partner in our Dispute Resolution team.  https://www.kitsonboyce.co.uk//insights/renters-rights-act-providing-written-information-for-your-tenant/
20.03.26
Written by Category: News
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