From 1st May 2026 no new Assured Shorthold Tenancies can be created. All new and existing tenancies will be Assured Tenancies.
There are some tenancies that will not be covered by the legislation. Amongst these are business and mixed business properties, most agricultural tenancies, genuine holiday lets, resident landlords and certain student lets. Such tenancies are not covered in this information.
The tenancy will have a maximum term of one month. They are therefore periodic tenancies. A tenant will be able to give two months notice at any time.
HOW LANDLORDS CAN GAIN POSSESSION
S21 (“no fault”) evictions have been abolished. However, if a S21 notice was correctly served before
1st May 2026 and the Landlord’s paperwork is in order the notice is still valid.
After 1st May 2026 Landlords will need to use a ground under the Renters Rights Act if they wish to gain possession of their property. There are several possibilities and not all are covered in the information. They are split between Mandatory and Discretionary grounds.
Main Mandatory Grounds:
Ground 1 – Property required for occupation by the Landlords or Close Family. Close family now includes siblings, parents, grandparents, children and grandchildren. The ground cannot be used for the first 12 months of a new tenancy and when notice can be given 4 months is required.
Ground 1A – Landlords requires possession as they intend to sell the Property. The ground cannot be used for the first 12 months of a tenancy and 4 months notice is required as with Ground 1. (Notice can be given during the 12 months period) In addition, is a Landlord does not then sell the Landlord is prohibited from letting the property for 12 months from the expiry of the notice. This will lead to a considerable time with the property empty and the Landlord having to pay for utilities and council tax. Even a holiday let is not permitted
Ground 2 – allows a mortgagee to sell – 4 months notice must be given
Ground 6 – Landlord wishes to demolish or substantially redevelop the Property (and this cannot be done with the tenant in situ) However there are complex provisions that need to be considered
Ground 7 – death of a tenant. But in certain cases the tenancy may automatically pass to another family member. The notice will only apply if the family member was not living in the Property immediately before the death of the Tenant, the previous tenant also inherited the tenancy or it is a special tenancy such as supported living.
Ground 7A – deals with Anti-Social Behaviour/Criminal Behaviour where the tenant has been convicted of an offence listed in the Act
Ground 8 – Rent arrears – The Tenant must have at least 3 months rent arrears (or 13 weeks where the rent is paid weekly) at the time the notice is served and at the possession hearing. Notice period 4 weeks
Discretionary Grounds
There are a number of grounds that may assist the Landlord e.g. 9 Suitable Alternative Accommodation 10 Rent arrears 11 Persistent rent arrears 12 Breach of tenancy conditions 13 Deterioration of the Property 14 Anti social behaviour (including domestic abuse and rioting)
Duty to provide a written statement
The Landlord or their Agent must give a written statement to the Tenant in the prescribed form for all new tenancies created after 1st May 2026. In addition if you have a Tenant with a verbal tenancy arrangement a written notice is also required.
For written tenancies that are already in existence on 1st May 2026 an information sheet must be provided to tenants
Rent Control
Rent can only be increased by the new statutory procedure. At least 2 months notice must be given. Rent cannot be increased more than once a year and to the market rent in the area. The Tenant may apply to a Tribunal to question the rent increase and until the hearing has made a decision the old rent applies.
Any advertising must state the rent and that is the maximum that can be charges. This is to stop bidding wars.
Guarantors are permitted but cease liability on the death of a Tenant
Landlords cannot ask for more than one months rent in advance. IF the TENANT asks to pay more than one months that is permitted but care must be taken to ensure the Landlords does not encourage this action.
Provisions not yet in force but will come later
- Decent Homes Provision
- Private Rented Sector Database - expected late 2026
- Redress Scheme – expected 12-18 months after database
- EPC Minimum rating to C – probably 2030
Discrimination against Tenants
S16A-C deals with the pet provisions. A request must be in writing including a description of the pet. The has 28 days to respond. The Landlords cannot unreasonably refuse consent. The proposals about pet insurance have NOT been included in the Act
S33 states a Landlord cannot refuse a tenancy because there are children. However the Landlord may the able to refuse because the Property would be overcrowded.
S34 prevents discrimination against letting to people in receipt of benefits.
Enforcement
Landlords (and Agents) found to be in breach of any of the provisions can be fined or be required to repay rent to Tenants. In some cases the financial penalty is very severe
Wales
The Renting Homes (Wales) Act 2016 applies
Assured Shorthold Tenancies were abolished and replaced with Occupation Contracts.
The occupier must be given at least 6 months fixed term. At the end of this period at least 6 months notice to quit must be given. Tenants must receive a written statement of terms within 14 days of the Contract being entered into.
Failure to comply may result in the Tenant being repaid rent and there being no ability to serve a notice.
S21 No Fault evictions were still possible, however this will also be banned from 1st May 2026
Note- information correct as at March 2026