Renters Rights Bill
Join our buy-to-let investor as he puts landlords’ essential questions on the Renters Rights Bill to Lettings Partner, Dominic Kleywegt in an expert Q&A.
The Seasoned Investor is a quarterly publication written by a landlord for landlords. It offers a practical, experience-led view of the buy-to-let market, focusing on what genuinely matters, with minimal commercial messaging.
This article is a special edition of that series, titled Take 5 – An Expert Interview.
Andy, editor of The Seasoned Investor and a long-standing buy-to-let investor, explains the thinking behind this release: “The Renters Rights Bill has taken a long journey to become legislation and has been surrounded by mixed messages. This is a straightforward, five-minute read focused on the facts only, with no speculation.”
To help us get to the facts, Andy sat down with Dominic Kleywegt, Lettings Partner at The Robinson Jackson Group, who advises landlords on legislation and compliance every day. Together, they work through the essential questions landlords are now asking as the detail of the bill becomes clearer.
If you’d like further clarification on how the changes may affect your own property or portfolio, Dominic’s lettings teams are available to help – whether you’re a current customer or not.
Contact details for your local lettings centre can be found here.
Q1 – Andy: What is Phase 1 of the Renters Rights Bill and when does it start?
Dominic: Phase 1 begins 1 May 2026 and introduces major tenancy reforms affecting every landlord and every tenancy – existing and new.
Q2: Will tenancies still be fixed term?
Dominic: No. All tenancies will become periodic overnight on the 1st of May 2026 (rolling month‑to‑month with no fixed end date).
Q3: Can tenants now leave whenever they like?
Dominic: They will be able to give notice at any time, but will need to provide two months’ notice, aligned with the rental period (meaning if rent is due on the 1st, notice must also run from the 1st).
Q4: Do landlords need to give tenants any official documents?
Dominic: Yes. Landlords will be required to issue a government information sheet explaining the new rules. This will be released before May 2026.
Q5: Can landlords still collect the first month’s rent in advance?
Dominic: Not until the tenancy agreement has been fully signed by both parties. You can still take a holding fee and a security deposit (the standard five‑week deposit), but no rent can be collected before signing.
Q6: Can landlords still request six or twelve months’ rent upfront?
Dominic: No. Advance rent beyond the normal monthly payments will be banned. Penalty: £5,000 per breach.
Q7: Can I refuse tenants with children or tenants on benefits?
Dominic: No. This will be classed as discrimination once the new rules take effect. Even refusing a viewing is a breach. Penalty: £7,000 per breach.
Q8: How do the new pet rules work?
Dominic: You will need a valid reason to refuse. You will need to reply to the tenant’s request within 28 days. If you need extra information, you will need to respond again within 7 days of receiving it. All communication will need to be in writing. (“Valid reason” could include a lease restriction or unsuitable property layout.)
Q9: Can landlords accept offers above the asking price?
Dominic: No. You will not be able to encourage, invite or accept offers above the advertised rent. Penalties: £7,000 per breach and +£7,000 for repeat offences.
Q10: Can I still increase rent?
Dominic: Yes, but landlords will only be able to:
- Only once per year
- Not within the first 12 months
- Must use Form 4A (Section 13 Notice)
- Must give two months’ notice
- Increase must reflect realistic market conditions
Tenants will be able to challenge the increase at the First‑Tier Tribunal, so keep clear evidence (e.g. comparable rental listings).
Q11: Are Section 21 notices being abolished?
Dominic: Yes. From 1 May 2026, Section 21 disappears. All possession notices will need to be served via a Section 8 with the specific ground(s).
Q12: What are the key possession grounds landlords need to know?
Dominic: The main grounds for possession will include:
- Ground 8 – Rent Arrears: Tenant must be three months in arrears. Notice: 4 weeks.
- Ground 1a – Selling: Cannot be used in first 12 months. Requires 4 months’ notice. After regaining possession, you cannot re‑let for 12 months.
- Ground 1 – Moving In: Same restrictions as selling – cannot be issued in the first 12 months and requires 4 months’ notice.
Q13: Can existing Section 21 notices still be used?
Dominic: Yes, but only if court applications to enforce them are submitted before 1 August 2026. After that date, any unactioned Section 21 notice becomes invalid.
Phase 2 – Ombudsman & PRS Database (Late 2026)
Q14: What changes are coming in Phase 2?
Dominic: Every landlord will be required to register with:
- The Landlord Ombudsman
- The PRS database (a national register of landlords and properties)
Q15: What are the penalties for not registering?
Dominic:
- Initial fine: £7,000
- Ongoing or repeated breaches: up to £40,000 + possible criminal prosecution
Q16: What does the Ombudsman do?
Dominic: It gives tenants a free way to raise complaints. Landlords will be required to cooperate and comply with decisions. Failure to do so may result in removal from the scheme (which will make letting legally impossible).
Q17: Will landlords have to pay to join?
Dominic: Yes. As it stands now, a modest fee will be required for both the Ombudsman and the PRS database.
Phase 3 – Decent Homes Standard & Awaab’s Law (No Earlier Than 2035)
Q18: What’s included in Phase 3?
Dominic: The Decent Homes Standard will be introduced sector‑wide, and Awaab’s Law will create strict deadlines for repairing damp and mould. Full details are still to come.
Landlord Recommendations
Q19: Should landlords consider serving a Section 21 before May 2026?
Dominic: If you have concerns about a current tenant, acting early may protect your position. A surge in Section 21 notices is expected, which may slow court timelines. Serving earlier may put you ahead of the queue.
Q20: Should landlords consider rent protection insurance?
Dominic: Yes. With longer arrears periods and potential delays, rent and legal protection have become more valuable in safeguarding cashflow.
Q21: What if a tenant currently pays rent upfront in large sums?
Dominic: This arrangement will soon be unlawful. Consider either serving Section 21 or re‑referencing the tenant to confirm they can move to monthly payments. Monthly rent also enables rent protection insurance.
Q22: Should tenant‑selection criteria change going forward?
Dominic: Yes. With Section 21 removed, reliability and affordability become even more important. Smart referencing and careful selection protect you better than choosing the highest offer.
Q23: What if my plans change once I’ve let the property?
Dominic: You will not be able to serve notice to sell or move in during the first 12 months of the tenancy. If you later serve notice to sell, you also will not be able to re‑let for 12 months after regaining possession. Landlords will need clearer long‑term plans from the outset.
Q24: What else should landlords keep in mind as these changes approach?
Dominic: The most important step is preparation. Understanding the timelines, reviewing your current tenancies and planning ahead will help you navigate the transition smoothly. Staying proactive gives you more control over outcomes and protects your investment. We’re here to talk through your situation, run through your options and help you prepare for the changes ahead.
Q25 - Andy: And if landlords want guidance from someone who deals with this every day?
Dominic: Contact your nearest lettings center across The Robinson Jackson Group. Click to find our contact details.
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