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What’s changing / The tenancy rules that changed on 1 May 2026

What’s changing · 1 May 2026

The tenancy rules that changed on 1 May 2026

Since 1 May 2026, private tenancies in England have new rules on adverts, rent up front, written terms and ending a tenancy.

Checked against the law 12 October 2026.

In force

This is the law now.

For: Private landlords in England, and letting agents acting for them

Listen to this article· about 9 minutes

What's changing

On 1 May 2026, a large part of the Renters' Rights Act 2025 came into force for private tenancies in England. These rules are law now. This page covers the changes that affect what you do from day to day.

Some rules depend on when a tenancy was agreed. That means when it was signed, or agreed by word of mouth, not when the tenant moved in.

Advertising and choosing tenants

When you advertise or offer a home in writing, you must state the rent as one fixed amount. A price range isn't allowed. A "to let" board outside the home doesn't count as an advert (Renters' Rights Act 2025, s.56).

You must not ask for, encourage or accept offers above the rent you advertised. This is called rental bidding (Renters' Rights Act 2025, s.56).

You must not turn people away, or make it harder for them to rent, because they have children or get benefits (Renters' Rights Act 2025, ss.33 and 34). If you check whether someone can afford the rent, count benefit income the same as any other income. You can still say no to someone who genuinely can't afford it. There are narrow exceptions where children are concerned, for example if the home is too small and would be overcrowded. You'd need to be able to explain why the restriction is needed in that case.

For any of these, the council can fine you up to £7,000 (Renters' Rights Act 2025, ss.40 and 57).

Rent up front

You must not ask for, encourage or accept any rent before the tenancy agreement is signed. Between signing and the start of the tenancy, you can usually take up to one month's rent, or 28 days' rent if the rent isn't paid monthly. A holding deposit and a protected tenancy deposit are still allowed. Asking for or taking rent before signing can mean a fine of up to £5,000 (Tenant Fees Act 2019, s.8).

Once the tenancy has started, rent can't fall due before the period it covers. So for a tenancy agreed on or after 1 May 2026, a term asking for several months' rent up front has no effect (Housing Act 1988, s.4B).

The tenancy itself

Every tenancy covered by these rules is now a rolling tenancy, weekly or monthly, with no end date. You can't create a fixed term or an assured shorthold tenancy. Tenancies agreed before 1 May 2026 became rolling tenancies automatically on that date. If you had served a valid section 21 or section 8 notice before then, the change waited until the notice stopped being valid or the court case ended without a possession order. If a new agreement has an end date, the end date simply doesn't apply, but writing one in can still mean a fine of up to £7,000 (Housing Act 1988, s.16I).

For a tenancy agreed on or after 1 May 2026, you must give the tenant a written statement of the terms, plus some set information the government lists, before the tenancy is agreed. It can be part of your written tenancy agreement. GOV.UK has a checklist of what it must include. Missing it can mean a fine of up to £7,000 (Housing Act 1988, ss.16D and 16I).

If a tenancy was agreed before 1 May 2026 and is wholly or partly in writing, you had to give every named tenant the government's information sheet by 31 May 2026. It's called "The Renters' Rights Act Information Sheet 2026". If the tenancy was agreed only by word of mouth, you had to give the tenant the same written statement that new tenancies get, by the same date. Missing either can mean a fine of up to £7,000 (Renters' Rights Act 2025, Schedule 6).

If a notice served before 1 May 2026 delayed the change, and the tenancy is wholly or partly in writing, the information sheet is still due. You have one month from the date the notice stopped being valid, or the court case ended, to give it.

Ending a tenancy

Section 21 "no fault" notices ended on 1 May 2026. To end a tenancy you now need a legal reason, called a ground for possession, and you give a section 8 notice. The notice period depends on the reason: four months if you want to sell or move in, and four weeks for rent arrears (Housing Act 1988, s.8).

Don't try to make the tenant leave any other way. Telling the tenant to leave by word of mouth, or by a text or letter, can mean a fine of up to £7,000. So can a notice that claims to be a section 8 notice but isn't valid, for example because it uses the wrong form (Housing Act 1988, ss.16E and 16I).

If you want to sell or move in, the date your notice gives for starting court action must be at least 12 months after the tenancy began. With four months' notice, the earliest you can serve it is about eight months in. Selling isn't a valid reason for older tenancies that were full assured tenancies, not shortholds, before 1 May 2026.

Only use a reason you reasonably believe could succeed in court. If you don't, and the tenant leaves within four months without a court order, the council can fine you up to £7,000 (Housing Act 1988, s.16I). If in that case you knew the reason would fail, or were reckless about it, it's a criminal offence (Housing Act 1988, s.16J).

If you use selling or moving in as your reason, there's a set time when you must not let the home, or take payment for anyone to stay there, even short-term. You also must not advertise it for either. That time runs from the day you serve the notice until 12 months after the earliest date the notice says court action could start. There are some exceptions. For example, if moving in was your reason, you can let the home to the close family member who moves in. Breaking this rule is also a criminal offence (Housing Act 1988, ss.16E and 16J).

Some of these £7,000 breaches can also become a criminal offence: writing in an end date, not giving the written statement or information sheet, ending a tenancy the wrong way, or misusing a reason. That happens if the breach comes within five years of an earlier fine or conviction for one of them, or carries on more than 28 days after you're fined for it (Housing Act 1988, s.16J).

For any of these offences, a court can fine you, and the law sets no upper limit. The council can instead fine you up to £40,000 without taking you to court (Housing Act 1988, s.16K). For misusing a reason, breaking the re-letting rule, or carrying on a breach after a fine, your tenant, or former tenant, can also ask a tribunal to order you to pay back up to two years' rent (Housing and Planning Act 2016, ss.40 to 44).

Who it affects

Private landlords in England, and anyone acting for them, such as a letting agent. It covers most private lets, which are assured tenancies in law. It doesn't cover a lodger who lives in your own home.

When

These rules took effect on 1 May 2026. Councils can only act on things done on or after that date.

What to do

Check that your adverts show one rent, and don't ask for or take rent before the agreement is signed. Use a rolling agreement with no end date, and give new tenants the written statement before they agree. For tenancies agreed before 1 May 2026, make sure you have a record that you gave the information sheet, or the written statement if the tenancy was agreed only by word of mouth. The sheet must be the exact file from GOV.UK, printed or sent as an attachment, not as a link.

Before you end a tenancy, check your reason and the notice it needs. A court will usually only give you possession if any deposit was protected and the tenant was given the scheme information, or the deposit has been returned. Our page on deposit deadlines explains this.

For more detail, GOV.UK has two guides: Renters' Rights Act: an overview for landlords, and Assured periodic tenancies: a guide for landlords.

The new landlord register, officially called the Private Rented Sector Database, is a separate part of the Act. It isn't in force yet. Our page on the register explains what's planned.

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Sources

Spotted something out of date? Tell us and we’ll check it. This is general information, not legal advice.