Are there any positives for landlords under the new Renters’ Rights Bill, as it seems ‘tenant’ focussed?

An Agency View:

On the face of it, the bill does focus on tenants, giving more rights and security to live in a rental property and make it their home, provided they treat the property in a tenant-like-manner and pay their rent and bills on time. However, this is also a landlord’s main focus – a happy landlord and a happy tenant.

There are also some key benefits in the legislation for landlords;

• The section 8 grounds for possession will now include provisions when a Landlord wishes to sell a rented property and when a Landlord or a close family member needs to move into the property themselves
• The new legislation will standardise a single system of periodic tenancies, therefore clearer for all parties involved in the tenancy
• New provisions for adjusting rents annually, with the necessary notices
• The new ‘Private Property Portal’ will provide landlords with a defined outline of the provisions and compliance needed when letting a property

A Solicitor's View:

The new Renters’ Rights Bill offers several positives for landlords, representing a long-overdue reform. I agree with Vanessa that most landlords, who prefer stable long-term tenants, will likely find little concern with this legislation.

Positive aspects include what is not in the Bill, such as the rejection of making all Section 8 grounds discretionary and the proposal requiring landlords to compensate tenants when they move in or sell their property.

Additionally, the introduction of a Private Rented Sector Landlord Ombudsman Service will help resolve disputes, reducing court cases. This Ombudsman is expected to provide specialised support and manage complaints more effectively.

Awaab’s Law also sets a timeline for landlords to address reported hazards. While this adds some urgency, most compliant landlords are already eager to respond quickly, and the clearer guidelines help eliminate ambiguity around their responsibilities.

1. When the new Renters’ Rights Bill comes into effect, how can I ensure that tenants will stay long-term when we can’t rely upon a fixed term?

Vanessa Carter

Statistics provided by Gov.uk (English Housing Survey 2022-2023, published in July 2024) show that, on average, private renters stay in a privately rented property for 4 years.

Therefore having the rolling periodic style tenancy from the outset, may not in-fact affect many landlords. That said, we always advise being open and honest with potential tenants throughout initial marketing and during a tenancy, so that all parties have transparency and understand the wants and needs of each other.

Bethen Abraham

In line with Vanessa’s comments above, it is more often than not the intention of tenants to remain living in a property as their home on a long-term basis. Being upfront with tenants during the marketing process about the landlord’s intentions and asking them to follow suit is one way to seek understanding from an early stage. It is proposed that tenants will need to give two months’ notice to end the tenancy.

2. Under the new regulations, if I serve notice on my existing tenants relying upon the ground that I want to sell and then market the house for sale, but I don’t get any interest in the property after 3 months, can I re-let it to a new tenant?

Bethen Abraham

Currently, landlords using the sale of property as a basis for eviction cannot re-let for 12 months. The government have rejected calls to shorten this to 6 months, citing concerns about potential misuse. Further discussions may occur as the Bill moves forward.

Landlords might market the property before formally notifying tenants to assess interest, keeping in mind the four-month notice period. If there’s no interest after three months, the landlord may withdraw the notice, allowing the tenants to remain. Ultimately, the decision is up to the landlord as they manage the associated risks.

3. Can I serve a Section 8 notice without a solicitor, when Section 21 notices are abolished?

Bethen Abraham

In principle, yes, you do not have to use a solicitor to draft and serve a Section 8 notice. However, landlords should note that Section 8 notices are more prescriptive and technical than Section 21 notices, as they require more detail to be included.

Especially for the grounds that require longer notice periods, it remains our advice that using a solicitor to draft the notice to ensure that it is done correctly, is the safest approach. It would be particularly frustrating for a landlord to get to the end of a long notice period only to be told that their notice was not drafted and / or served compliantly such that they may have to start again.

4. How do I increase the rent on my rental property for existing tenants, under the new regulations?

Vanessa Carter

The Bill currently proposes that any rent review clause in a current tenancy agreement, will be voided by the new legislation. However, the legislation does allow for annual rent reviews, in line with current market rents, when serving a valid Section 13 Notice and providing adequate notice (which will be a minimum of 2 months’ notice of any rent review).

Bethen Abraham

As set out by Vanessa, it is important that rent increases are done using a compliant Section 13 notice and that rent is only increased once annually and in line with market rent. It is proposed that this will be the case for both new and existing tenancies. It will be available to tenants to challenge rent increases through the First-Tier Tribunal; in this event, the landlord will need to evidence that the increase was made correctly and that it was in line with market rent.

5. What are some of the key changes under the Renters’ Rights Bill in relation to Decent Home Standards?

Vanessa Carter

The Decent Homes Standard has been applied to the social rented sector since 2004 and with the Renters’ Rights Bill, this will be introduced into the private rented sector. This is to ensure tenants benefit from homes that are safe and decent.

The bill will grant local councils powers to take action (and issue civil penalties of up to £7,000) against landlords who fail to keep their properties from serious hazards. Furthermore, if a landlord fails to comply with enforcement action, they can be criminally prosecuted, and the tenant/council can apply to the First Tier Tribunal for a rent repayment order—which could amount to two years of rent.

However, as a landlord, if you are complying with your legal requirements and ensuring that the property is let in a good condition, then this should not affect you. It will target landlords who do not maintain their rental properties and will improve the standard of rental property available on the market – in turn potentially increasing rental income which can be achieved.

6. Are there any types of residential agreements that the new Renters’ Rights Bill will not apply to?

Bethen Abraham

The Renters’ Rights Bill will primarily apply to assured tenancies. Example of residential agreements that it should not affect includes agricultural tenancies, company lets, non-assured tenancies and (in most cases) purpose built student accommodation.

7. How do we think the new regulations will impact the rental market?

Vanessa Carter

As agents, we have witnessed landlords leave the rental market, due to the impending changes in legislation. Published in May 2025, the government released data from a survey (carried out by HMRC) suggesting 1/4 of the landlords polled, across the UK, were planning to sell their letting properties in the next 12 months.

If there is a resulting lack of available rental properties to meet the demand, there will inevitably be increases in advertised rents to meet the demand, in the short term. Whether this can be sustained longer term in the market place has yet to be tested.

However, the new legislation will bring with it benefits which we have already touched on in this article, for both landlords and tenants alike – for instance better quality rental properties and increased transparency in a letting.

8. What is the benefit to landlords in having an agent to find tenants?

Vanessa Carter

Did you know as a landlord you must provide the Government booklet ‘How to Rent Guide’, to a tenant before the start of a tenancy? You have to register a deposit within a strict timeframe and supply the correct supporting documents? You are required to carry out ‘Right to Rent Checks’ on all adult occupants in a property, not just named tenants?

With the changing landscape for renting in England, it can be difficult to keep track of all of the Landlord and Tenant obligations - many of which are needed at the start of a tenancy and if not conducted correctly, could invalidate any Notice to end a tenancy.

It is important to ensure that you are aware of all of these legalities. As letting agents, we can assist and advise our clients to ensure compliance every step of the way.

Example Questions:

1. I have a cottage which is empty, but in the future would like to have use of this property for the carer, as I am now in my advancing years. If I let the cottage on an Assured Shorthold Tenancy now, how can I get the house back for my carer once the new regulations come into effect?

Bethen Abraham

Currently, the Bill does not propose any grounds that could be relied upon to get vacant possession of a property back in order for a carer to move in. This is unless the landlord is going to also be moving into the property as their main home, or unless the carer is a ‘close family member’.

2. I have a mild allergy to cats/dogs and may want to move into the rental property in the future. Can I reject permission for a tenant to have a cat/dog under the new regulations?

Bethen Abraham

Whilst tenants are permitted to request permission to have a pet in the property, landlords can reject that request if they have good reason to do so. Landlords will have 28 days to respond to the request. It is proposed that a tenant could seek to appeal a decision by escalating the matter to the Private Rented Sector Ombudsman Service or in extreme cases, through the courts. There is currently little guidance on what will constitute a ‘good reason’ to reject this type of request, but if the landlord is able to evidence their reason (such as their allergy) and able to justify how it could not be mitigated by say a deep clean of the property, then it may be sufficient. No doubt guidance and case law will become available in due course once the Bill has been enacted.

3. My tenant has bad references but has offered to pay me an increased deposit and a year’s rent upfront – can I accept this?

Vanessa Carter

The Tenants Fees Act 2019 restricted payments of deposits, to a maximum of 5 weeks rent. Under the new legislation advanced payments of rent, more than 1 month, will also be prohibited.

However, tenants with adverse credit or failed references, can be asked to provide a guarantor to guarantee their rent payments, if necessary, throughout a tenancy.

Bethen Abraham

Adding to Vanessa’s comments, landlords and letting agents will also be prohibited from inviting, encouraging or accepting rental payments from the tenant or anyone acting on behalf of the tenant, until after the tenancy agreement has been signed by all parties.

4. My great aunt needs a property for 6 months whilst her new house is being refurbished. Can I use the ‘family’ provision under the new legislation to get the property back for her use and then re-let it once she leaves after the 6 months?

Bethen Abraham

Presently, the ‘close family member’ ground will extend to the landlord’s spouse, civil partner, or a person they live with as if married or in a civil partnership (and that person’s children or grandchildren), parents, grandparents, siblings, children or grandchildren. It is proposed that ‘half-blood’ relations will be included.

As such, it does not appear in this scenario that the new mandatory ground of occupation by family, can be relied upon, as aunts and uncles are not included.

5. My tenant signed a fixed term 2 year Assured Shorthold Tenancy Agreement, this year. Will the fixed term still be valid once the new legislation comes into effect?

Vanessa Carter

Once the new legislation becomes law, it will apply to all existing Assured Shorthold Tenancies and new tenancies entered into in the future. Therefore, fixed-term tenancies will automatically become rolling monthly (periodic) agreements.

Willans LLP Solicitors

W: Willans - commercial & private solicitors in Cheltenham

Bethen Abraham - Solicitor

T: 01242 542920

E: bethen.abraham@willans.co.uk

Butler Sherborn Residential Lettings

W: Landlords | Butler Sherborn

P: 01993 822325

Vanessa Carter - Associate Partner - Head Of Lettings

P: 01993 825 738

E: vanessa@butlersherborn.co.uk