The Act confirms that all current Assured Shorthold Tenancies will become Assured Periodic Tenancies. In practical terms this means that any end date noted within the agreement would no longer stand. As an example, if a fixed term tenancy was entered into running from December 15th 2025, to December 14th 2026, the end date will no longer apply. Instead, the tenancy will run until either the landlord or tenant brings the tenancy to an end under the provisions of the Act.
Landlords can bring a tenancy to an end in much the same way as now but they will need to have a valid reason for doing so and will need to use a Section 8 Notice. Section 21 Notices are no longer able to be used.
Landlords can seek possession for breach of contract such as rent arrears, as well as when they wish to sell the property or to move themselves or a close family member into the property.
We have a team of experts who will be able to arrange the service of Section 8 Notices on your behalf.
If a landlord wishes to either sell or move into the property they will be required to provide 4 months’ notice. The tenancy must have commenced at least 1 year prior to expiry of the notice.
Landlords can seek possession for the non-payment of rent once their tenant is at least 3 months in arrears.
We can guide you through this process and arrange for the service of the Section 8 Notice.
Tenants will be required to provide landlords with 2 months’ notice of their intention to end a tenancy. The end date must align with the end date of a rent period. This will apply to all tenancies from the date of implementation irrespective of any fixed term agreed prior to that date.
Yes – landlords can increase the rent to a market level a maximum of once in a 12 month period but not within the first 12 months of the tenancy, and subject to giving their tenant 2 months’ notice. We can assist landlords with the annual rent review, including serving the required Section 13 Notice on the tenant.
If a pre-existing tenancy agreement includes a clause allowing for the automatic increase of rent, this will not be enforceable once the Act is implemented.
If a tenant doesn’t agree with a proposed increase, we will, of course, endeavour to negotiate a position that is acceptable to all; however, subject to agreement not being met, as now, tenants can apply to the First Tier Tribunal for a determination. They must apply prior to the expiry of the Section 13 Notice notifying them of the increase. The increase is not payable until the Tribunal has made its determination; however, under a recent amendment government will have the power to decide whether this is payable from the expiry of the Section 13 Notice or from when the tribunal makes its decision.
That is correct, landlords and agents will be prevented from inviting and accepting offers more than the advertised rent. Ensuring the property is marketed at the correct price is therefore even more important.
Yes – rent can only be collected once the tenancy agreements have been signed, and this cannot exceed 1 month’s rent.
Our understanding is that the additional rent will not need to be returned.
Landlords will have the ability to gain possession of a House of Multiple Occupation which is let to full-time students in line with the academic year. This is subject to providing advance notice of their intention to seek possession, which is not possible if the tenancy was agreed more than 6 months before it started.
No – however, where a landlord refuses consent, they must be able to reasonably justify why not. If the tenant disagrees, this might result in the matter being referred to the Ombudsman. Under a recent amendment, landlords will not now be able to stipulate that tenants provide or pay for pet insurance.
Yes – landlords will also be required to register with a landlord database. We have seen similar measures in Wales and Scotland work well. Details are still to be confirmed with no date announced for when this will be required.
More information is awaited on this provision, which aims to build on existing regulations in setting clear standards around the condition, maintenance, and repair of tenanted properties.
Awaabs Law, when introduced, looks set to stipulate that landlords and agents must deal with damp, mould, and condensation effectively and ensure properties are safe.
More information will be provided as and when it is available. Our teams are on hand to help landlords navigate lettings legislation and make the most of their property investment through our complete range of services. Please contact your local branch for more information.
