From 1 May 2026, the Renters’ Rights Act introduces significant reforms to England’s private rental sector, with tighter regulations and increased legal accountability for landlords. Understanding the most common pitfalls will be essential to safeguard your investment and ensure full compliance.
The Renters’ Rights Act marks one of the most significant shifts in the private rented sector in England in decades.
The reforms go live from 1 May 2026 and aim to strengthen tenant protections, but they create new legal risks for landlords who fail to adapt to the new environment.
We’ve uncovered the key areas of risks for landlords to help you prepare for the changes and stay compliant under the Renters’ Rights Act.
(That there are different regulations for landlords and agents operating in Scotland and Wales. This article only talks about the upcoming changes in England.)
1. Misunderstanding how to regain possession of a rental property
The mistake: Assuming possession can still be regained quickly or informally, as under previous Section 21 processes.
The abolition of Section 21 means landlords must now rely on more structured Section 8 grounds. These include selling the property, moving in or tenant fault-based grounds such as rent arrears.
How to evict a tenant after 1 May 2026:
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Ensure you are using the correct possession ground and that it applies legitimately.
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Serve accurate and compliant notice periods (which may be longer than before).
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Keep detailed documentation and evidence to support your claim (e.g. sale intent, arrears records).
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Follow court processes carefully – errors can result in delays or case dismissal.
Possession is still possible – but only with proper justification, paperwork and patience.
2. Increasing rent incorrectly
The mistake: Raising rent informally, too frequently or without using the proper notice.
Rent increases will be limited to once per year, with stricter rules around fairness and transparency. Tenants may challenge increases they believe are above market levels.
How to avoid this mistake:
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Use the correct legal mechanism, such as a formal notice procedure. When you are issuing a section 13 notice, make sure you use the new form 4A (not the current form 4).
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Check how much notice you need to give and provide notice in writing. Notice periods are increasing from 1 month to 2 months and must be in line with the rent due date.
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Ensure increases reflect local market conditions, not arbitrary figures. Remember market rent can go up as well as down, so knowing your local area will be vital.
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Be prepared for potential tribunal challenges. Approach every rent increase with the assumption it will be appealed, so start compiling your defence bundle from the day you issue the section 13 notice.
Essentially, the changes mean it’s best to view rent reviews as a formal legal process, not a casual adjustment. Keeping rent low as a ‘favour’ to the tenants may not be an option going forward as this could risk the tenant getting stuck in a rent budget bubble, and not being able to move on if needed.
3. Failing to meet repair obligations on time
The mistake: Delaying repairs or underestimating how quickly issues must be resolved.
The Renters’ Rights Act strengthens expectations around property standards and response times, with greater enforcement powers for local authorities.
The repairs you’re responsible for as a landlord:
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Structural integrity (roof, walls, windows)
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Heating, hot water, plumbing and electrics
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Safety hazards (e.g. damp, mould, fire risks)
The law does not say how long a reasonable time is. It depends how serious or urgent the problem is and how vulnerable the people living in the property are, but a good guideline is:
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Emergency issues: within 24 hours
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Urgent repairs: within a few days
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Routine repairs: within a reasonable timeframe (typically 1–2 weeks)
How to avoid this mistake:
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Implement a clear repair reporting system
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Keep written records of all communications and actions, including any refusal for access or rescheduling
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Work with reliable contractors for fast response
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Conduct regular inspections
Speed and documentation are critical from 1 May 2026, and delays can lead to legal and financial consequences.
4. Overlooking compliance and documentation
The mistake: Missing key documents or failing to keep compliance records up to date.
The new framework places greater emphasis on transparency, traceability and tenant rights, meaning documentation is more important than ever.
Essential documents include:
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Gas Safety Certificate (annual; must be valid on the day of move-in)
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Electrical Safety Report (every 5 years)
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Energy Performance Certificate (EPC; must be Rating E or above)
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Deposit protection details within 30 days of receiving the funds
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“How to Rent” guide (or updated equivalent under new rules)
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Written tenancy agreement aligned with new legislation – verbal tenancies will be illegal
How to avoid this mistake:
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Create a compliance checklist and calendar
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Store documents digitally and securely
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Ensure tenants receive all required documents at the correct time – keep a record of this
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Review processes regularly as legislation evolves
The bottom line? Organisation and documentation are key under the new Renters’ Rights Act. Missing paperwork can invalidate possession claims or lead to penalties.
5. Assuming you don’t need professional support
The mistake: Trying to manage everything independently without fully understanding the new legal landscape.
With increased complexity and regulation, landlords face a higher risk of unintentional non-compliance.
Do you need a letting agent? Not necessarily – but professional support can be highly beneficial in keeping you compliant.
Benefits of using an agent:
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Up-to-date knowledge of legislation
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Handling of rent reviews, notices and compliance
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Access to vetted contractors and maintenance services
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Reduced administrative burden
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A third party not emotionally linked to the property
If you’re self-managing, consider:
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Membership of a landlord body (e.g. NRLA)
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Training and qualifications
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Legal support services
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Property management software
Whether through an agent or support network, staying informed is essential.
Final thoughts
The Renters’ Rights Act doesn’t remove landlords’ rights – but it does require a more structured, professional and compliant approach to property management.
By avoiding these 5 common mistakes, you can:
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Protect your investment
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Maintain positive tenant relationships
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Stay on the right side of the law
In a more regulated market, success will increasingly depend on knowledge, preparation and attention to detail.
Key takeaways
- With the abolition of Section 21, landlords must rely on structured Section 8 grounds, accurate notice periods and bulletproof documentation to regain possession.
- Informal or frequent rent hikes are no longer permitted. Rent increases are limited to once a year, must reflect local market rates and require the correct written notice.
- Strict timelines for property repairs and up-to-date documents are essential to avoid penalties and ensure possession claims aren’t invalidated.
