The letting experts' guide to
RENTERS' RIGHTS ACT FAQ
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At SBK Lettings, we pride ourselves on delivering an exceptional, professional and personal service to both our landlords and their tenants. Our teams are experts in their field and possess many years’ experience along with detailed knowledge of the current and constantly evolving legislation regarding the private rental market. This enables us to ensure that you, as a private landlord, conform to all legal requirements.
Our lettings managers aim to minimise void periods by quickly finding the most suitable tenant at the highest possible return for your investment. We have over 4,000 tenancies under full management, with many others where we provide a let-only service. We also manage agricultural estates and commercial property.
So whether you are a landlord needing expert advice, a rental valuation or property management services, we can help.
“ I joined SBK Lettings in April 2023 and became managing director in November 2025 and am delighted to champion our brand, support our lettings teams and ensure the needs of our landlords are consistently met.
With over 20 years’ experience in the lettings industry, it is not only my job but my passion to work with a business and people who offer a gold standard service and prioritise the needs of our landlords at all times. When it comes to lettings compliance and legislation, it can be a minefield for a landlord to have to think about everything that needs to be done for a tenancy to proceed in a way that protects them.
Currently more than 170 individual rules and regulations apply to the private rented sector (PRS) and these are often amended and updated – not least with the Renters’ Rights Act which gained Royal Assent in October 2025.
At SBK Lettings, we work hard for our landlords, keeping them informed and updated on legislative changes and offering the peace of mind and assurances they need so their tenancy is fully compliant.
I am proud to work with our dedicated lettings teams, specialists in their field, who also want to provide the best help, support and advice for our landlords.
In instructing us to work on your behalf to find a quality tenant for your biggest investment, you can be sure you are in very capable hands with us doing the hard work so you don’t have to.
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Rebecca Dean MARLA Managing Director
Overview and context
What is the Renters’ Rights Act and why is it being introduced?
The Renters’ Rights Act is a piece of legislation aimed at improving tenants’ rights and protections. As a landlord this means additional responsibilities to ensure fair treatment, compliance and maintaining safe, secure housing. The Act reflects the government’s efforts to balance the rights and responsibilities of both landlords and tenants.
When will the legislation come into force?
The Act gained Royal Assent in October 2025. However, it will be implemented in stages with phase one coming in on May 1, 2026. Phase one will include the abolition of Section 21, the end of fixed term tenancies, the right of tenants to request a pet, a ban on rent in advance, a ban on rental bidding wars and rent increases only once every 12 months.
Will the Renters’ Rights Act affect my ability to regain possession of my property?
Yes, the Act has abolished Section 21 (no-fault evictions). However, you will still have legitimate grounds to regain possession under an improved Section 8 process, covering cases such as rent arrears, property damage, or if you need to sell or move into the property.
How will the Act impact my ability to increase rent?
The Act includes provisions for rent review restrictions but only once per 12 month period, ensuring increases are fair and transparent. As a landlord, this means rent increases must align with market rates and follow a defined process, typically requiring two months notice and justification.
What changes are expected for tenancy agreements?
The Act replaces fixed-term tenancies with periodic tenancies, giving tenants greater flexibility while requiring landlords to adapt to a more dynamic rental system.
How does the Act address anti-social behaviour or problematic tenants?
Landlords will have strengthened grounds to evict tenants involved in anti-social behaviour, property damage, or criminal activities. This should help landlords regain possession more effectively in these scenarios, but it still requires evidence and adherence to due process.
What are my responsibilities for property safety and maintenance?
The Act reinforces existing obligations, such as ensuring properties meet safety and maintenance standards, including electrical and gas safety checks and addressing damp or mould issues promptly. These measures aim to safeguard tenant welfare and ensure compliance for landlords.
What penalties will I face for non-compliance?
Failure to comply with the Act’s provisions could result in fines, legal penalties, or restrictions on your ability to rent out properties in the future. Civil fines range from £7,000 for initial breaches to £40,000 for serious or repeated offenses’ so it’s vital to stay updated on regulations to avoid these outcomes.
Will I still be able to vet tenants?
Yes, you can still vet tenants through referencing, affordability checks and credit checks, as long as these processes are fair, transparent and non-discriminatory.
How can I prepare for these changes as a landlord?
> Stay informed about the Act’s implementation timeline.
> Review your existing tenancy agreements and procedures.
> Seek professional advice to ensure compliance with new regulations.
> Focus on maintaining strong relationships with tenants to foster trust and co-operation.
How does the Act impact my tax or financial obligations?
The Act itself doesn’t change landlord tax rules, but compliance with its provisions may involve upfront costs (eg safety upgrades or legal advice). Planning ahead and seeking advice can help you manage these costs effectively.
Pets and tenant protections
What are the new rules for pets in rental properties?
Under the Act tenants will have a default right to request pets in rental properties and a landlord cannot unreasonably refuse. However, there are instances where exemptions can be made.
If my lease says I’m not allowed pets, can I still refuse a tenant’s request for one?
You can refuse pets if your headlease prohibits them, but evidence of this restriction will be required.
If I accept a pet can I increase the deposit amount?
If consent for a pet is given, any additional deposit must not exceed the limits set by the Tenant Fees Act 2019 which is a maximum of 5 weeks rent.
What protections are in place for landlords if I can’t refuse tenants having pets?
Tenants may need to obtain pet insurance or cover additional costs related to potential damage.
Rent guarantee service
As part of our on-going support and commitment to providing complete peace of mind, we have partnered with Homelet to offer a rent guarantee and legal expenses service to our landlords. This service gives landlords the confidence needed when letting their property, as whilst we always strive to ensure the chosen tenant can meet their monthly rental payments, we cannot guarantee there will not be any change in circumstances which lead to financial difficulties
Our rent guarantee and legal expenses service includes the following:
> Cover for the total monthly rent, no matter how many tenants are on the tenancy agreement – upper limits do apply.
> Missed rental payments until vacant possession of the property, or for up to 15 months, whichever comes first, up to a maximum of £50,000.
> Up to three months’ rental payments at 75% following vacant possession (where applicable).
> Professional costs up to £100,000 to cover eviction costs of the tenant for certain breaches of their tenancy agreement.
> Covers breaches of the tenancy agreement by the tenant, including non-payment of rent and other scenarios.
> We could also continue to assist if the tenant defends the action taken, to help find the best solution.
> Rent guarantee covers the whole property meaning the policy continues even
Deposit alternative
As part of the Tenant Fee Ban introduced in June 2019, a traditional deposit collected from a tenant is capped at five weeks of the agreed rent. This means landlords can no longer request a higher deposit for any exceptional circumstances. We recognise that for most landlords, one of the concerns when letting a property is the damage which could be caused during the tenancy. With this in mind, we have partnered with flatfair so we can offer a deposit alternative service which provides landlords with 10 weeks’ cover on damages/dilapidations at the end of the tenancy. A landlord can opt to have their property advertised with a deposit alternative available, but it is the tenants’ choice as to whether they opt for this rather than paying the traditional five weeks’ deposit.
Here are the reasons why our landlords love a deposit alternative:
> Quicker lets, fewer voids - properties let faster and attract more quality tenants.
> Top-notch support - the flatfair customer success team is on hand for any questions and is there to support you whenever you need them.
> Market-leading protection - you get up to 10 weeks’ protection for free.
> Speedy charge recovery - if there are any damages or unpaid rent, you’re put back in pocket within 10 days of charges being agreed.
In addition, tenants can wave goodbye to costly deposits and secure their new home with a small check-in fee. You can rest easy knowing you’re getting up to 10 weeks’ protection and speedy cost recovery for tenant slip-ups – it’s a win-win for everyone.
Property possession and notices
▭ How can I get my property back under the new legislation?
You would need to rely on the strengthened grounds under a Section 8 notice, which may now be served if you intend to sell the property or move back into it. There are also grounds which include provisions for possession in cases of antisocial behaviour or rent arrears which will still apply..
▭ How long does a Section 8 notice take?
The process will depend on the complexity of the case and court availability. The government is proposing reforms to streamline repossession under Section 8, but timelines may still vary.
▭ Will the process take longer than the current Section 8 process?
Reforms aim to improve the system, but the exact impact on timelines is yet to be seen.
▭ What is the process for Section 8 going to be? Are there going to be any improvements?
The changes include faster repossession for cases like non-payment of rent or moving back into the property, a new ground 1A will be implemented for gaining possession in order to sell the property.
▭ If I start a new tenancy now with a six or 12-month break clause, will I even be able to use it?
Break clauses will no longer be enforceable once the new legislation comes into effect.
▭ Will the proposal still include a faster process for repossession under Section 8?
Yes, faster processes are part of the government’s proposed changes.
▭ If I agree to a long tenancy now, will that mean I won’t have to comply with the new legislation until a later date?
Current tenancies will transition to the new system, meaning all will be periodic from May 1, 2026.
▭ Will it be retrospective (ie will current tenancies be affected)?
Yes, existing tenancy agreements will transition to the new rules when phase one comes into play on May 1, 2026.
Tenancy agreements
' How will rental increases be determined under the new rules?
Rent increases must align with market conditions and can only occur annually by giving the tenants two months notice of the increase. Tenants will have the right to challenge an increase through a tribunal.
' What will happen to my pre-existing tenancy agreements once the Act comes into effect?
Existing tenancies will convert to periodic agreements under the new legislation, but terms like rent and deposit limits will carry over. More than half of our current tenancies are already periodic.
' Does it matter what tenancy term I agree to now, since it’s all going to change soon?
The agreed terms will apply until the legislation transitions the agreement to a periodic tenancy.
' Could all tenancies being agreed now hit fixed rent uplifts?
Once the legislation takes effect, rent increases will follow the new guidelines. Fixed uplifts may not apply.
' How will we be charged our fees?
Fee structures will remain subject to the Tenant Fees Act, with no anticipated changes in how fees are charged.
Additional information
If I don’t sell or move in, can I just let the property again?
You cannot serve notice with the intention to re-let immediately after possession. Re-letting will be possible after a minimum 12 month period where ground 1 and 1A have been used to gain possession. This restriction does not apply if the tenants serve notice on the Landlord.
If I want to give notice to a long-standing tenant to do up the property, could I be stuck with the tenant?
Major works not listed as prescribed reasons may require alternative solutions, such as tenant agreement or compensation.
What is the process going to be for students?
Student-specific provisions are being considered to account for their unique tenancy needs.
I’m a one-property landlord and worried about losing Section 21. What should I know?
Reforms aim to protect both tenants and landlords. Alternative grounds under Section 8 will be available for repossession.
Should I consider additional reference checks to ensure I get good tenants?
At SBK, we offer a full comprehensive referencing service which allows our landlords to take a rent guarantee service where we are instructed to provide a full management or rent collect service.
What’s the best way to gain possession of my property under the new rules?
Follow the new legal process under Section 8, ensuring all notices are compliant and reasons valid.
Can I still get a sales valuation for my property?
Yes, sales valuations can be arranged through your letting agent or a property surveyor.
What proof will I need to provide if I’m selling or moving back into the property?
Evidence such as a sales contract, marketing materials, or proof of relocation will be required.
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