The renters rights bill – Commonly asked questions – Quick Fire Q&A

1. When will the Renters Rights Bill come into force?

The Renters’ Rights Bill (‘the Bill’) is in its final stages prior to receiving Royal Assent and becoming the Renters’ Rights Act. The Bill has now had its readings at both the House of Commons and House of Lords. The House of Lords proposed various amendments which were mostly rejected by the Commons. The House of Lords is now going to consider the bill as approved by the Commons on the 14 October 2025. If this version of the bill is agreed, then the bill will progress onto Royal Assent which may happen shortly after the 14^th of October 2025 and in any event is likely to happen before the end of the Year.

Once the Bill receives Royal Assent, different parts of the Bill will come into force at different times. In the private rented sector, all existing assured shorthold tenancies will become section 4A assured tenancies on the “commencement date” unless they have live section 21 proceedings at court or a valid section 21 notice has already been served and the time to commence proceedings has not ended. The ‘commencement date’ is expected to be a few months after the Bill receives Royal Assent. The commencement date for social housing tenancies is likely to be different.

2. What will happen to section 21 notices once Bill receives Royal Assent?

 For any section 21 notices already served prior to the ‘commencement date’ the tenancy will continue as an assured shorthold tenancy and the section 21 notice remains valid until proceedings conclude or the notice becomes time barred (6 months from the date of the notice normally, but also subject to the 3-month deadline described in the next paragraph).

In cases where a possession claim under section 21 has not been issued at court prior to the ‘commencement date’, the landlords will have at most 3 months to commence possession proceedings in the court.

No new section 21 notices can be served after the ‘commencement date’ when tenancies have converted into fully assured tenancies, and landlord’s wishing to recover possession will need to rely on the grounds of possession in Schedule 2 of the Housing Act 1988 to recover possession.

3. What is happening to fixed term assured shorthold tenancy agreements?

 There will be no assured shorthold tenancies following the Renters Rights Act and fixed term assured tenancies will no longer be possible. Simply put all current fixed term assured shorthold/assured tenancies will become periodic tenancies and will continue unless they are ended by either the landlord or the tenant.

4. How will I recover possession of my property post Renters Rights Act?

 To recover possession of your property you will need to rely on one of the grounds of possession in Schedule 2 of the Housing Act 1988. There will be amended and further grounds for possession which will allow landlords to recover possession so long as they have evidence proving that the ground is met. A tenant can also choose to bring the tenancy to an end by serving a notice to quit.

The grounds for possession are split into mandatory and discretionary grounds. For a mandatory ground the court must make a possession order if the ground is met. However, for a discretionary ground the court will only make a possession order where it considers it reasonable to do so. The latter gives tenants the opportunity to persuade the judge that it would not be reasonable to make an order even where a ground for possession may have been met. Therefore, landlords will need to carefully consider grounds for possession before issuing proceedings. Further, landlords or agents will be guilty of an offence if they rely on a ground for possession knowing that they would not be able to obtain possession under that ground.

5. Can I ask for rent in advance under the tenancy agreement?

 No, you will not be able to ask for rent in advance before a tenancy agreement is entered into. Once the tenancy agreement has been signed, it will be possible for you to ask the tenant to pay the first month’s rent before the tenancy starts. You will not be able to ask for more than one month’s rent.

 6. Do I need to give my tenants a written tenancy agreement?

 You will be required to give your tenant a ‘written statement of terms’ setting our information about both parties’ responsibilities and information about the tenancy. The written statement will need to be provided before a tenancy is entered into. It is not entirely clear yet what the ‘written statement of terms’ will look like but the Secretary of State will have powers to set out terms or information which must be provided as part of the written statement to tenants.

7. Can I refuse to let my property to someone with pets?

 No, there will be a right for the tenant to request permission to keep a pet. Landlords will be required to consider requests to have pets and are required not to unreasonably withhold consent for a pet in the Property. The Bill initially allowed provision for landlords to be able to require tenants to take out pet insurance if they want to have pets in the Property, but this has now been scrapped due to the lack of pet damage insurance products on the market. Landlords will instead need to consider drawing from deposit payments where there is damage caused by pets in the Property.

8. What is happening to rent increases?

 My colleague Rooshan has done a detailed blog explaining the changes to rent increases after the Renters Rights Act which you can read about here.

9. When can my tenants give me notice to end the tenancy?

 Your tenants will be required to give you two months’ notice to quit (unless you agree a shorter period) to bring the tenancy to an end. As there will be no fixed terms, your tenant can choose to give this notice at any time.

10. What should I be thinking about in the lead up to the Bill becoming the Law.

 You should be reviewing your existing agreements with tenants and practices when letting Properties to ensure that you are well prepared for the upcoming changes and can continue to operate without falling foul of the new requirements. There will be increased enforcement powers and penalties for any landlord or agent who is found to not comply with the requirements. Therefore, it is important to get all your ducks in order now!

If you are unsure how these changes affect your business, then get in touch with one of us and we would be happy to advise and assist you to ensure you are ready for the changes.

Note: The above is only to provide a snapshot of the commonly asked questions and is not an exhaustive list of all the changes that are due to come into force.

If you have any queries regarding the proposed changes and would like specific advice and guidance, contact our expert Housing Team at mail@anthonygold.co.uk or on 020 7940 4060.