Renters' Rights Act: Frequently asked questions

The Government has now confirmed that the first phase of the Renters’ Rights Act will come into effect on 1 May 2026. This legislation marks the most significant reform to the private rented sector in decades, with changes applying to every assured tenancy across our core areas of Sheffield and Chesterfield.

To help landlords navigate this major transition and to ensure your properties remain compliant, we have prepared the following frequently asked questions (FAQs), which summarise the key updates and what they mean for managing your portfolio.

1. What should I do now to prepare?

We recommend the following for landlords:

• If you’re on a fully managed service, contact your Asset Manager

• Review tenancy agreements and rent increase procedures

• Keep detailed, accurate records (essential for all future possession claims)

• Assess upcoming sales, moves, or tenancy changes before May 2026

• Review compliance on pets, advertising, and repairs.

2. When do the new rules take effect?

The first phase of the Renters’ Rights Act comes into force on 1st May 2026. Further obligations - such as the PRS Database and Ombudsman Scheme - will follow in later phases.

3. Are fixed-term tenancies being abolished?

Yes. All existing and new Assured Shorthold Tenancies (ASTs) will convert into periodic tenancies. Fixed terms will no longer be allowed.

 4. Can I still use Section 21 to evict a tenant?

No. Section 21 “no-fault” evictions are being abolished. All possession claims must use Section 8, which requires you to prove a legal ground for possession.

5. What grounds can I use to gain possession?

The Act strengthens and updates the Section 8 grounds. Common landlord grounds include:

• Selling the property (Ground 1A)

• Landlord or close family member moving in (Ground 1)

• Serious rent arrears (mandatory at three months’ arrears).

6. Are there restrictions when using the “selling” or “moving in” grounds?

Yes. You cannot use these grounds within the first 12 months of a tenancy. After this period, you must give four months' notice in order to gain possession, and you cannot re-let or re-market the property for the next 12 months.

7. How much notice must my tenant give if they want to leave?

Under the new periodic system, tenants must give two months’ notice.

8. How often can I increase the rent?

You may increase rent once per year, and only to market rate, using a Section 13 notice.

9. Can tenants challenge a rent increase?

Yes. Tenants may take the increase to the First-tier Tribunal if they believe it exceeds market value.

10. Is rental bidding still allowed?

No. It is now illegal to ask for, accept, or encourage offers above the advertised rent.

 11. Can I ask for rent in advance?

Yes, but only up to one month’s rent - you may no longer request several months’ rent upfront.

12. Do I have to allow tenants to keep pets?

You must consider all written pet requests and cannot unreasonably refuse. You may ask for pet insurance or reasonable conditions to protect the property. 

13. Can I still refuse tenants on benefits?

No. It is now illegal to discriminate against tenants because they receive benefits or have children.

14. What new compliance requirements are coming?

A later phase of the Act will require:

• Registration on the Private Rented Sector Database

• Membership of the Private Landlord Ombudsman

Failure to register may limit your ability to use certain possession grounds.

15. What happens if I ignore the new rules?

Penalties for non-compliance are increasing and may include:

• Civil fines

• Rent Repayment Orders of up to 24 months’ rent

• Restrictions on regaining possession

• Investigation or enforcement action by the local authority.

For more information or to ask a specific question regarding your rental portfolio, contact the Redbrik Lettings team on 0114 361 0140. We’re here to guide you through these changes, keeping you informed and compliant.

For the latest information on these changes, see The Government’s Official Guide to the Renters' Rights Act here.