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 the Renters' Rights Act Information Sheet at the start of their tenancy (the old How to Rent guide was withdrawn in June 2026)
- 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