Why landlords need to act now
The Renters’ Rights Act has introduced significant reforms to private renting in England. Section 21 no-fault evictions have ended, fixed term tenancies have been replaced for most private rented sector arrangements, and landlords now need to rely on valid possession grounds where they need to regain possession.
This means private landlords can no longer manage possession planning in the same way. A landlord seeking possession must now consider the relevant Section 8 grounds, the evidence required and the notice procedure that applies. Where the wrong notice is used, or where evidence is incomplete, a possession claim may fail.
The new rules also affect rent increases, rental advertising, rent in advance, tenant complaints, pets, written tenancy information and future registration requirements through the private rented sector database.
For landlords and agents, compliance with the new legislation now requires a clear operational process across the full tenancy lifecycle.
Step 1: Review every tenancy agreement
Landlords should begin by reviewing every tenancy agreement currently in use. This includes existing tenancies, new tenancies, template documents and any written tenancy agreement issued by a letting agent or property manager.
Many older agreements refer to shorthold tenancies, fixed term arrangements, Section 21 notices, rent review clauses or possession wording that may no longer reflect the current law. Fixed term tenancies and fixed term assured tenancies have been replaced for most private rented sector tenancies, meaning landlords must check whether their documents still match the legal position.
A tenancy agreement should be reviewed for clauses covering rent, access, inspections, repairs, pets, anti-social behaviour, rent arrears, deposit obligations and possession grounds. The aim is to make sure the agreement supports lawful tenancy management and does not give the impression that outdated procedures still apply.
For existing tenants, landlords should also check what written information has been provided and whether the tenant has received the documents required under the current framework. A written statement or updated written tenancy agreement may be needed where terms are unclear or where documentation does not reflect the current assured periodic tenancy structure.
Step 2: Update rent increase procedures
Rent increases remain possible under the Renters’ Rights Act, but landlords must follow the correct process. For an assured periodic tenancy, rent increases are generally limited to once per year and must use the prescribed procedure. Landlords should not rely on informal demands, outdated rent review clauses or unsupported increases.
A proposed rent increase should reflect market rent. This means landlords should assess comparable properties, advertised rents, property condition, location and specification before serving notice. If the proposed rent is excessive, existing tenants may challenge it at the First-tier Tribunal. This is an independent legal body that can decide whether the proposed rent is fair and in line with open market rent for the property.
Landlords should prepare evidence before proposing higher rent. This may include comparable listings, letting agent valuations, recent asking rent data and records showing how the proposed rent was calculated. Rent increases should never be applied casually or without evidence, particularly where the tenant may dispute the figure.
Landlords should also review how they handle rent period calculations, two months notice requirements and any internal approval process for increasing rent. This helps reduce the risk of claims of unfair rent increases, tribunal disputes and avoidable tenant complaints.
Step 3: Replace Section 21 planning with Section 8 evidence processes
With Section 21 no longer available, landlords must think differently about possession. Possession claims now depend on specific grounds for possession and supporting evidence. The Housing Act 1998 framework is still in effect, but landlords must align their approach with the updated possession grounds under the Renters’ Rights Act.
This affects cases involving rent arrears, anti-social behaviour, property damage, repeated breach of tenancy agreement and situations where a landlord needs to sell or move back into the property. The correct possession ground must be identified before serving notice, and the evidence must support the claim from the outset.
Landlords should create a structured evidence process for each tenancy. Rent arrears should be logged from the first missed payment. Complaints from neighbours should be recorded. Property damage should be photographed. Inspection findings should be dated and retained. Communication with tenants should be clear, professional and stored securely.
A valid notice is only one part of the process. If the case proceeds to court, the landlord must show why possession is justified. Poor records can weaken an otherwise valid claim.
Step 4: Carry out a compliance audit
A compliance audit should be carried out across every rented property. This is particularly important for landlords managing multiple properties, student landlord portfolios or properties managed through agents.
The audit should cover deposit protection, prescribed information, gas safety records, electrical safety reports, EPCs, licensing, repair history, complaint records, inspection notes and tenancy documentation. It should also check whether the landlord has met all legal obligations before and during the tenancy.
Before renting a property, landlords must consider safety, documentation, right to rent checks, deposit handling, licensing and the content of the tenancy agreement. These requirements are not new in every case, but the Renters’ Rights Act increases the risk attached to poor processes because errors may affect enforcement, possession and tenant disputes.
Local councils and local housing authorities have enforcement powers where landlords fail to meet legal standards. The government has also published guidance on enforcement measures, including what happens if landlords and agents commit offences or break the rules.
Step 5: Prepare for the private rented sector database
The private rented sector database forms part of the wider Renters’ Rights Act reforms. The government’s implementation roadmap states that the database of PRS properties is being introduced in a later phase from late 2026.
Landlords should not wait until registration opens before preparing. The private rented sector database is expected to require accurate property, ownership and compliance information. Private sector landlords, superior landlords and those using managing agents should decide who is responsible for gathering, submitting and maintaining the information.
The private rented sector database is intended to help tenants, landlords and councils access relevant information and support enforcement against poor practice. For landlords, this means records must be accurate, consistent and easy to provide.
Preparation should include checking ownership details, superior lease arrangements, property addresses, licensing status, safety certificates, enforcement history and management responsibilities. Where there are joint landlords, all relevant parties should be identified.
Step 6: Prepare for the private rented sector ombudsman
The private rented sector ombudsman is another important part of the Renters’ Rights Act framework. The ombudsman is designed to provide redress where tenant complaints cannot be resolved directly and to support landlords with guidance and training on complaint handling.
Landlords should review their complaints process now. This includes how tenant complaints are received, logged, acknowledged, investigated and resolved. A clear process can help landlords challenge poor practice, deal with disputes early and show that complaints have been handled properly.
The PRS landlord ombudsman will place greater emphasis on professional complaint management within private renting. Landlords should make sure staff, agents and property managers understand when a complaint should be escalated and what records must be kept.
Step 7: Train staff, agents and property managers
The Renters’ Rights Act affects day-to-day property management. Anyone dealing with tenants must understand the new rules and how they apply in practice.
Staff and property managers should be trained on possession grounds, rent increases, tenant requests, rent in advance, pets, rental advertising, written information and complaint handling. Letting teams should understand that rental bidding is restricted and that a property advertisement must state a clear asking rent.
Training is particularly important for landlords and agents managing larger portfolios. A single mistake by a property manager can lead to invalid notices, unlawful demands or evidence gaps that affect a future possession claim.
Training should also cover how to access relevant guidance, when to seek legal advice and how to document issues from the outset. This is especially important where the tenant is failing to pay rent, refusing access, causing nuisance or breaching the tenancy agreement.
Step 8: Review tenant onboarding
Tenant onboarding should be updated for new tenancies. Prospective tenants should receive accurate information about the property, rent, tenancy terms and their responsibilities before entering into an agreement.
Landlords should check that all documents are provided at the correct time and that the new tenancy agreement reflects the simpler tenancy structure now in place. Where rent in advance is taken, landlords must make sure the payment structure complies with the current rules and does not create unnecessary risk.
Onboarding should also explain how repairs are reported, how access requests are managed, how rent is paid, and how tenant complaints are raised. Clear expectations at the start of a tenancy can reduce disputes later.
For existing tenancies, landlords should consider whether tenants need updated written information. This is particularly important where older documents refer to fixed term tenancies, assured shorthold tenancies or processes that no longer apply.
Step 9: Update rent arrears processes
Rent arrears must be managed promptly and consistently. Under a grounds-based possession system, landlords cannot afford to let arrears develop without accurate records.
A rent arrears process should include early reminders, written communication, payment records, rent schedules and clear escalation points. Where tenants repeatedly fail to pay rent, landlords should document each missed payment and any response from the tenant.
If a possession claim becomes necessary, evidence of arrears will be central. The court will need to see what is owed, when it became due, what has been paid and what communication has taken place.
Landlords should also be aware that arrears may interact with rent increases. If a tenant falls into arrears after a proposed rent increase, the landlord must be able to show that the rent increase was served correctly and that the amount being claimed is lawful.
Step 10: Review procedures for anti-social behaviour and tenancy breaches
Anti-social behaviour, property damage and breach of tenancy agreement should be recorded from the first incident. Delayed or incomplete evidence can weaken possession action.
Landlords should keep copies of complaints, police reference numbers where relevant, inspection reports, photographs, videos, emails, text messages and witness statements. Where the issue affects neighbours or other occupiers, the landlord should record dates, times and the nature of each incident.
The updated possession system gives landlords routes to seek possession where grounds are met, but the success of a claim depends on evidence. A landlord who cannot show the pattern of behaviour may struggle to prove the case.
This is also relevant for student landlord properties, HMOs and shared accommodation, where disputes may involve multiple occupiers and communal areas.
Step 11: Review repair, inspection and access processes
The Renters’ Rights Act does not remove existing repair obligations. Instead, it increases the importance of demonstrating proper property management.
Landlords should review how repairs are reported, prioritised and documented. Records should show when a repair was raised, what action was taken, which contractor attended and when the matter was resolved.
Inspection procedures should also be reviewed. Landlords must give sufficient notice and follow the tenancy agreement when requesting access. If a tenant refuses access, the landlord should keep a clear record of the request, the reason for access and the tenant’s response.
Good repair and inspection records help landlords respond to tenant complaints, local council enquiries and possession disputes. They can also help demonstrate compliance if a tenant alleges poor housing conditions.
Step 12: Check licensing requirements
Licensing remains an important part of private rented sector compliance. Landlords should check whether their property requires an HMO licence, selective licence or additional licence.
Local councils operate different licensing schemes, so landlords should not assume that one property’s requirements apply across a portfolio. This is especially important for properties in different local authority areas.
Failure to comply with licensing requirements can lead to civil penalties, rent repayment orders, restrictions on possession and reputational damage. In serious cases, landlords may face criminal prosecution.
A licensing review should form part of the wider compliance audit. This should include licence applications, renewal dates, licence conditions, occupancy limits and management requirements.
Step 13: Review rental advertising and rental bidding processes
A written advertisement must state a specific rent, and landlords should not use rental bidding to push applicants above the advertised rent.
This changes how landlords set rent before marketing a property. Rather than advertising at a lower figure and relying on competition from prospective tenants, landlords should assess the market properly before the advert is published.
Landlords and agents should update internal marketing procedures, advert templates and staff training. The asking rent should reflect market rates and be supported by evidence where possible.
This is relevant for all new tenancies and for landlords managing high-demand properties. Poor advertising practices may create compliance risk and undermine trust with prospective tenants.
Step 14: Review rent in advance arrangements
Rent in advance is another area that landlords should review carefully. Payment arrangements should be transparent, lawful and clearly recorded in the tenancy agreement.
Landlords should avoid payment structures that appear designed to bypass restrictions or place unreasonable pressure on tenants. Where rent in advance is requested, the amount and timing should be clear.
This is particularly relevant where prospective tenants are students, self-employed, new to the UK or unable to provide standard referencing evidence. Landlords should balance commercial risk with compliance and fairness.
Step 15: Prepare for tenant requests about pets
The Renters’ Rights Act changes how landlords should deal with tenant requests to keep pets. Landlords should have a clear internal process for considering each tenant’s request, responding within required timescales and recording the reason for any refusal.
A tenancy agreement should not include blanket wording that is inconsistent with the Act. Instead, landlords should assess requests properly and keep evidence of their decision-making.
This does not mean every request must be accepted regardless of circumstances. However, landlords must make sure any refusal is reasonable and documented, supported by clear reasons, such as restrictions in a superior lease, the suitability of the property or evidence that the request would create a genuine management issue.
Step 16: Review discrimination and referencing practices
Private renting processes should be reviewed to make sure they do not unlawfully exclude applicants. Referencing should focus on affordability, identity, rental history and suitability for the property.
Landlords should be careful with wording used in adverts and communications with prospective tenants. Staff and agents should understand the rules around discriminatory practices and should apply consistent criteria to all applicants.
Red flags for landlords may include incomplete references, inconsistent income evidence, previous rent arrears, false information, refusal to provide identity documents or a history of serious tenancy breaches. However, decisions should be made objectively and recorded clearly.
Step 17: Review superior landlord and lease arrangements
Some landlords operate under a superior lease or have obligations to superior landlords. These arrangements should be reviewed to make sure the landlord can comply with both the superior lease and the Renters’ Rights Act.
This is particularly relevant for leasehold flats, rent-to-rent structures, company lets and properties where management responsibilities are split between different parties.
Landlords should check who is responsible for repairs, compliance documents, licensing, notices and registration requirements. Where responsibilities are unclear, disputes can arise quickly.
Step 18: Strengthen record-keeping
Record-keeping is one of the most important practical steps landlords can take. The Renters’ Rights Act places greater weight on evidence because possession, rent increases, complaints and enforcement matters all depend on accurate documentation.
Landlords should keep records of:
- Tenancy agreement documents
- Rent schedules
- Rent increases
- Deposit protection
- Safety certificates
- Repair reports
- Inspection notes
- Access requests
- Tenant complaints
- Anti-social behaviour reports
- Breach of tenancy agreement evidence
- Licensing documents
- Correspondence with local councils
- Tribunal or court documents
These records should be stored securely and be easy to retrieve. For portfolio landlords, a centralised compliance system can reduce the risk of missed deadlines or inconsistent documentation.
Step 20: Get professional support before problems escalate
Landlords should seek advice before serving notices, demanding higher rent, refusing tenant requests or starting possession action. Early advice can prevent avoidable disputes and reduce the risk of using the wrong procedure.
This is especially important where there are rent arrears, tenant complaints, licensing concerns, anti-social behaviour, repair disputes or uncertainty about which possession grounds apply.
Private registered providers and those operating in the social rented sector are subject to different frameworks in some areas, so landlords should make sure the advice they receive applies to their property type and tenancy structure.
How AST Assistance can help landlords prepare
AST Assistance provides practical legal and tenancy management support for landlords affected by the Renters’ Rights Act. Our team works with landlords who need to understand their current position, correct outdated processes and reduce the risk of disputes, penalties or failed possession claims.
We can support landlords with tenancy agreement reviews, rent increases, Section 8 possession planning, rent arrears, tenant complaints, mediation, compliance audits, licensing issues and preparation for the private rented sector database.
For landlords managing existing tenancies, we can review current documentation and identify areas that may no longer reflect the law. For landlords creating new tenancies, we can help check that documents and procedures align with the current rules.
The Renters’ Rights Act is now active, and landlords who have not prepared should take action without delay. By reviewing documents, training staff, strengthening records and seeking professional advice where needed, landlords can protect their rental income and maintain stronger control over their properties.
For support with Renters’ Rights Act compliance, tenancy documentation or possession planning, contact AST Assistance on 01706 619954 or complete an online enquiry form.
