Understanding tenant rights in England in 2026 is not optional for landlords — it is a compliance requirement. The Renters' Rights Act 2025 significantly expanded tenant rights from 1 May 2026. Landlords who fail to understand and operate within these rights face civil penalties of up to £40,000, rent repayment orders, and criminal prosecution in serious cases.
Security of tenure — the biggest change
The most fundamental new tenant right is enhanced security of tenure. Section 21 'no-fault' evictions were abolished in England on 1 May 2026. Every tenant in England now has the right to remain in their home unless the landlord can prove a statutory possession ground under Section 8.
- Landlords cannot serve a Section 21 notice from 1 May 2026 — doing so carries a civil penalty of up to £7,000
- All tenancies are now Periodic Assured Tenancies — there is no contractual fixed-term end date the landlord can rely on
- A landlord who wants possession must prove a Section 8 ground — such as rent arrears, anti-social behaviour, or landlord needing to sell
- Tenants can challenge any possession claim in court — discretionary grounds give the court wide latitude to refuse possession
Rent increases — Section 13 only
- Landlords may only raise rent via a Section 13 notice using Form 4A — the prescribed form updated for May 2026
- Maximum one rent increase per 12-month period, regardless of any contractual rent review clause
- Minimum two months' written notice of the increase
- The new rent must not exceed open-market rent — tenants can challenge an above-market increase at the First-tier Tribunal
- The tribunal has power to set a lower rent than the landlord proposed, and its decision binds both parties
Pet requests — landlords cannot blanket-refuse
- Tenants have the right to submit a written pet request — landlords must consider it within a set period
- A blanket 'no pets' clause or policy is unlawful without case-by-case justification
- Landlords may reasonably refuse where the property is genuinely unsuitable (e.g., leasehold block with a head-lease prohibition)
- Landlords may require the tenant to obtain appropriate pet damage insurance as a condition of consent
- Any refusal must be in writing with reasons — unexplained or blanket refusals risk civil penalty
Repairs and maintenance — Awaab's Law
The Renters' Rights Act 2025 extended Awaab's Law to the private rented sector from 1 May 2026. Tenants now have the right to have reported housing hazards — including damp, mould, excess cold, and electrical faults — investigated and repaired within statutory timeframes.
- Tenants' right to report hazards: any written or verifiable report starts the landlord's response clock
- Landlord must acknowledge and investigate within the statutory response period
- Emergency hazards (immediate risk to life) require same-day action
- Failure to respond within the statutory timeframe exposes landlords to local authority enforcement, civil penalties, and disrepair claims
- The Section 11 repair duty under the Landlord and Tenant Act 1985 continues alongside Awaab's Law
Deposit protection
- The tenancy deposit must be protected in a government-approved scheme within 30 days of receipt
- The prescribed information must be served on the tenant within 30 days of receipt
- The deposit cap is 5 weeks' rent (6 weeks where annual rent exceeds £50,000)
- Failure to protect exposes the landlord to a penalty of 1–3 times the deposit and bars service of any Section 21 notice (which is abolished anyway from May 2026)
- Deductions must be itemised, evidenced, and reasonable — tenants can challenge disputed deductions via the deposit scheme's adjudication service
Anti-discrimination — letting criteria
The Renters' Rights Act 2025 strengthened anti-discrimination protections in the private rented sector. From 1 May 2026, landlords and agents are explicitly prohibited from:
- Refusing to let to tenants in receipt of housing benefit or Universal Credit ('No DSS' policies are unlawful)
- Refusing to let to families with children
- Advertising properties with discriminatory restrictions
- Applying blanket letting criteria that screen out benefit claimants or families without individual assessment
Information rights
- Every existing tenant must receive the Renters' Rights Act Information Sheet 2026 by 31 May 2026 — served as an attached PDF, not a link
- New tenants must be given a current 'How to Rent' guide at the start of their tenancy
- The Gas Safety Certificate, EPC, and EICR must be provided before or at the commencement of the tenancy
- Tenants have the right to see a copy of any HMO licence for their property