Landlord Law Watch 06.26 (1)

1 May 2026: the Renters’ Rights Act changes landlords must be ready for

1 May 2026 is the first major “go-live” date for the Renters’ Rights Act in England. From this date, the private rented sector moves onto a reformed tenancy and enforcement framework—changing how tenancies run, how landlords recover possession, how rent is increased, how properties are marketed, and how disputes and non-compliance are handled.

This post breaks down the Phase 1 changes arriving on 1 May 2026, explains what they mean for landlords in practical terms, and sets out a clear preparation plan.

Scope note: These Phase 1 reforms apply to England (the rules are different in Wales, Scotland and Northern Ireland).


What changes on 1 May 2026?

1) Section 21 ends: possession becomes “grounds and evidence” led

The headline change from 1 May 2026 is the end of section 21 as a possession route. The system moves away from “no fault” possession and towards a model where landlords must regain possession using specified legal grounds supported by evidence.

What this means for landlords

  • You can no longer plan around “notice served = property back” as a default.

  • Possession decisions become reason-led: you must identify the correct ground and support it with evidence.

  • Record keeping moves from “good practice” to “risk control”: the quality of your arrears records, anti-social behaviour logs, complaints handling, and communications becomes critical if a case is defended.

How to prepare

  • Create a possession playbook now (one page per ground you commonly rely on):
    Trigger → evidence you must gather → notice steps → internal checklist → court-ready bundle outline.

  • Start using standard evidence habits immediately:

    • arrears: rent schedule, statements, chasing history, repayment offers

    • anti-social behaviour: dated incident log, supporting reports, witness statements where available

    • selling/move-in grounds: written intention, timeline, supporting documents


2) The tenancy model changes: periodic becomes the default operating reality

The reforms introduce a new tenancy system that is designed to operate on a more consistently periodic basis, rather than relying on fixed-term cycles as the default. Operationally, landlords should treat periodic management as the norm.

What this means for landlords

  • You can’t rely on fixed-term “renewal points” to reset terms or resolve issues.

  • You’ll need a cleaner ongoing system for:

    • rent reviews

    • complaints and repairs

    • tenant changes

    • decision-making around possession

How to prepare

  • Update tenancy documentation so it doesn’t depend on fixed-term triggers.

  • Set internal rules for periodic management:

    • when rent reviews happen

    • when you intervene on persistent late payment

    • how you escalate complaints

    • how you document conduct issues consistently


3) Rent increases: a standardised process, once per year, with longer notice

From 1 May 2026, rent increases for relevant private rented tenancies move to a more standardised system:

  • increases are limited to once per year

  • landlords must follow the formal rent increase procedure (rather than relying on informal agreement or contractual workarounds)

  • tenants have a clearer route to challenge increases

What this means for landlords

  • Your rent strategy must become planned and evidence-based, not ad hoc.

  • Expect more focus on “is this rent fair?” meaning your rationale and comparables matter more.

  • If your current process relies on rent review clauses or informal “agreement”, you’ll need to redesign it.

How to prepare

  • Create a rent review calendar for every property (one review window per 12 months).

  • Build a simple “rent evidence pack” template:

    • local comparables and why they’re comparable

    • any upgrades/improvements since last rent set

    • condition notes (condition affects what rent is defensible)


4) Rental bidding is banned: the advertised rent becomes a legal ceiling

From 1 May 2026, landlords and letting agents must not ask for, encourage, or accept offers above the advertised rent. Properties must be marketed at a specific price, and that price becomes the ceiling.

What this means for landlords

  • The asking rent must be set correctly upfront—because you cannot “let the market bid it up”.

  • Agents must not use “best offers” style practices, even informally.

  • Poor marketing wording can become a compliance problem.

How to prepare

  • Rework your marketing process:

    • set rent using evidence and property condition

    • ensure adverts show a clear price

    • remove any wording that invites higher offers

  • Train anyone handling enquiries/viewings on compliant language.


5) “Rent in advance” is restricted: stop relying on multi-month upfront payments

From 1 May 2026, landlords and agents will be restricted in what can be required up front. Operationally, landlords should stop using “six months in advance” style demands as the default risk tool.

What this means for landlords

  • Higher-risk applications can’t be “solved” by asking for large upfront sums.

  • You’ll need stronger underwriting tools: affordability checks, consistent criteria, and guarantors where appropriate.

How to prepare

  • Update your referencing policy:

    • define affordability thresholds

    • define when a guarantor is required

    • document exceptions and apply them consistently

  • Ensure holding deposits and move-in monies are handled through a compliant workflow.


6) Discrimination rules tighten: “no benefits / no children” approaches become unlawful conduct

From 1 May 2026, landlords/agents must not do anything that makes someone less likely to rent because they receive benefits or have children. This includes practices like refusing viewings, withholding information, or refusing to grant because of those factors.

What this means for landlords

  • Blanket policies and informal “filters” become high-risk.

  • Decision-making must be objective, consistent, and recorded.

How to prepare

  • Replace blanket exclusions with written, objective criteria:

    • affordability

    • references

    • property suitability (e.g., occupancy, layout)

  • Train staff/agents to avoid risky wording in messages and adverts.

  • Keep a short decision note for each applicant: “why accepted / why declined” in neutral terms.


7) Pets: stronger expectation to consider requests reasonably

The reforms strengthen tenants’ ability to request a pet and expect landlords to consider requests reasonably rather than default-refusing. This means landlords need a consistent process to avoid decisions looking arbitrary.

What this means for landlords

  • “No pets” as a default stance becomes harder to justify.

  • You’ll need a clear policy and a documented decision process.

How to prepare

  • Write a pet policy that covers:

    • suitability (size/type, building rules)

    • condition safeguards (cleaning, damage responsibility)

    • reasonable refusal reasons (where genuinely applicable)

  • Build a workflow: request received → review → decision → record.


8) Enforcement gets sharper: stronger repayment consequences and a tougher compliance environment

Phase 1 also arrives alongside a stronger enforcement environment and expanded repayment consequences for certain breaches.

What this means for landlords

  • Non-compliance can become more expensive, faster.

  • “I can’t find the certificate” is no longer a small admin problem; it can become an enforcement problem.

How to prepare

  • Create an “audit-ready” compliance file per property:

    • safety documents

    • tenancy documents

    • deposit paperwork

    • repair logs

    • licensing evidence (where applicable)

  • Treat repairs and hazards as time-critical with documented timelines and outcomes.


What landlords should do now: a practical preparation plan

Step 1: Do a portfolio “readiness audit” (fastest risk reducer)

Pick 5 properties at random and ask:

  1. Can I produce the full compliance file quickly?

  2. Do I have a dated repairs log that tells a clear story?

  3. Is my rent review plan compliant and scheduled?

  4. Would my marketing and applicant handling stand up to scrutiny?

  5. Do I have a documented process for pet requests and complaints?

Any “no” becomes your priority action.

Step 2: Replace “templates” with “workflows”

Most landlords focus on paperwork. The bigger risk is process failure.

Create these workflows (even if you self-manage):

  • Rent increase workflow (annual calendar + evidence pack)

  • Possession workflow (ground selection + evidence checklist)

  • Marketing workflow (advertised rent is a ceiling; no bidding language)

  • Pet request workflow (assess, decide, record)

  • Repairs workflow (triage, instruct, evidence, completion)

Step 3: Reset your risk tools

With rent-in-advance restricted and discrimination rules tightened, risk controls must be defensible:

  • objective affordability criteria

  • consistent use of guarantors (where appropriate)

  • clear documentation of decisions

Step 4: Align with your letting agent (if you use one)

Get clarity on:

  • who serves notices

  • who holds the master compliance file

  • how repairs evidence is captured

  • how applicant decisions are recorded

  • how complaints are managed and escalated


The bottom line for landlords

1 May 2026 is not just a legal change—it’s an operational change.

Landlords who do well will be the ones who:

  • run organised compliance files,

  • keep clean repair and communication timelines,

  • treat rent reviews as planned events,

  • market and select tenants using objective criteria,

  • and treat possession as a ground + evidence process, not a “formality.”

That’s exactly what Landlord Law Watch is here to support: practical, searchable explanations that help landlords adapt, stay compliant, and avoid expensive mistakes.


Disclaimer: NetRent does not provide legal advice. The articles represent our understanding of rental property law and are for general information only.
Contact: 01352 721300 | support@netrent.co.uk

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