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Understanding the Renters' Rights Act (England)
The Renters' Rights Act 2025 brings the biggest shake-up to private renting in England in almost 40 years. Phase 1 will come into force on 1 May 2026 and will introduce significant changes for students in private rented accommodation.
Important legal information
This guide is for general information only and is not legal advice. Your individual situation may be different, and housing law can be complex. This guide cannot cover every scenario or answer every question about your specific circumstances.
You should seek professional advice if you're facing eviction, in a dispute with your landlord, unsure about your rights, or making important decisions about your tenancy. Contact us at SU Advice for expert guidance. Don't rely solely on this guide for legal matters.
Will it affect my tenancy agreement?
The Renters' Rights Act will apply to all existing tenancy agreements and new tenancy agreements signed after 1 May 2026, unless an exemption applies.
Exemptions to the Act
Purpose-built student accommodation (PBSA) is exempt from the act if:
- It is let to a student or a prospective student at a specified college or university.
- The company managing the property is a member of the national codes. Find current members in the Members directory.
Students living in qualifying PBSA properties may be issued with Common Law Tenancies.
We're awaiting further details of how this new system will operate for PBSAs and what this will mean for tenants in these properties.
Other exemptions include:
- If the university owns the student accommodation. Accommodation booked through Sheffield Hallam Accommodation Service is not owned by the University, so would not fall within this category.
- If the landlord lives in the property with you, for example if you rent a room as a lodger and share the living spaces with the landlord.
- If your housing is provided as part of your job, this could be temporary housing provided by an employer or a premises that comes with a role, such as a pub landlord.
- Short term or holiday lets, such as Airbnbs or seasonal accommodation let for less than 6 months.
Key changes
For properties covered by the Renters' Rights Act, the following changes will be introduced, with the first phase in May 2026.
Tenancy agreements
No more fixed-term contracts
From 1 May 2026, all assured tenancies will be "periodic" (rather than "fixed-term") and can be ended by the tenant with 2 months' notice.
If a tenancy agreement has a fixed date, this will no longer be valid. If a new tenancy agreement issued after 1 May 2026 has an end date, this will be a breach of the new Act and the landlord can be fined.
What's the difference between fixed-term and periodic?
- Fixed-term tenancy: You sign a contract to rent for a specific period - e.g. exactly 12 months from 1 September to 31 August. You're locked in for that whole period.
- Periodic tenancy:Your tenancy runs month-to-month with no set end date. You can leave with two months' notice at any time.
What's a joint tenancy?
A joint tenancy is when multiple people rent a property together and you're all named on the same tenancy agreement. You're all equally responsible for the rent - if one person doesn't pay their share, the landlord can chase any or all of you for the full amount.
Ending joint tenancies
Currently if you want to end a joint tenancy, all tenants must agree. Under the new rules, if you or your flatmate gives notice to end the tenancy, this will end the tenancy agreement for all tenants.
No more "no-fault evictions"
Landlords can only evict tenants on specified grounds. For example, if the landlord wishes to move into the property, or if you have more than 3 months' rent arrears.
Student-specific summer eviction rules
Landlords can evict students using ground 4A at the end of the academic year, so they're able to continue to let the property to students in the future.
This ground can only be used if:
- The tenancy was signed less than 6 months before the date of the tenancy start date.
- The landlord reasonably believes all of the tenants will be full-time students for the academic year at the point the tenancy is entered into.
- The property is a HMO, or is part of a HMO - a property with 3 or more bedrooms let to unrelated adults.
- The landlord gives you 4 months' notice of the date they will apply for eviction - the notice period must end between 1 June and 30 September.
If you stay after this date, the landlord cannot remove you from the property or change the locks, they will need to apply to court for eviction.
Rent payments
Bidding wars banned
Landlords or letting agents have to publish the rent amount in the advert and accept the advertised rental amount.
Landlords cannot accept an offer to pay higher rent or an upfront payment to secure the property. If they do, they can face fines from the council.
Rent in advance capped at 1 month
Landlords can no longer require tenants to pay rent upfront at the beginning of the tenancy.
If you want to be able to pay your rent in line with your maintenance loan payments, you can pay in advance and the landlord can accept this, but it cannot be written into the tenancy agreement.
Limits on rent increases
Landlords can only raise rent once per year and tenants can challenge excessive increases.
Housing conditions
Please be aware that not all of the below will be part of phase one of the Act implementation.
Better property standards
The Decent Homes Standard and Awaab's Law will be introduced for private rented properties.
What's Awaab's Law?
Awaab's Law sets clear, legally enforceable timeframes within which landlords must make homes safe where they contain serious hazards like mould. Implementation timescales will be subject to consultation.
Increased enforcement and transparency
The council will have additional mandatory enforcement powers to fine landlords who breach the rights set out in the Act.
There will also be a new landlord database for increased transparency, as well as a new private sector ombudsman to resolve disputes between landlords and tenants.
Right to request a pet
From 1 May 2026, you have the right to request permission to keep a pet once you've moved in. Your landlord will only be able to say no if they have a good reason.
What does all this mean for my current/future contract?
Phase 1 tenancy reforms will come into force on 1 May 2026. What happens to your tenancy depends on where you are in the renting process when 1 May 2026 arrives.
1. You're already living in a property on 1 May 2026
What happens
On 1 May 2026, your fixed-term contract disappears. If you signed a 12-month contract, that 12-month period no longer locks you in. Your tenancy carries on as a rolling month-to-month tenancy from that day. Clauses in your contract that make it fixed-term stop having effect.
Information from your landlord
If you already have a written tenancy agreement, your landlord doesn't need to issue a new one. Instead, they must provide you with a government-published 'Information Sheet' explaining the changes by 31 May 2026. This Information Sheet will be published by the government in March 2026.
If you have a verbal tenancy agreement (no written contract), your landlord must provide you with a written summary of the main terms by 31 May 2026.
Special rule for student houses (HMOs)
If your home is an HMO student let and the landlord wants to use the summer eviction rule (Ground 4A) in future, they get a one-month grace period after 1 May 2026 to give you written notice of this. To evict you, they can only do so between 1 June and 30 September and will have to give you four months' notice.
Joint tenancies
From 1 May, individuals in a joint tenancy will gain the right to bring it to an end if they tell the landlord giving the landlord two months' notice. The landlord will then have the option to negotiate with the remaining tenants.
Rent in advance
If you paid several months' rent in advance under a contract signed before 1 May 2026, the landlord does not have to refund any of that. However, once your tenancy converts to a monthly periodic tenancy on 1 May 2026, the landlord cannot ask you to pay more than one month's rent in advance going forward. Any clause in your original contract requiring future advance payments of over one month's rent is now unenforceable.
What this means for you
If you are living in an HMO and have a fixed-term contract, you now have the right to stay in the property until the end of August, as long as the landlord serves the notice on 1 May. You will also gain the right to exit the contract at the end of June if you tell the landlord you want to on 1 June.
2. You've signed a tenancy but haven't moved in yet
What happens
If you've signed a tenancy but not moved in when 1 May 2026 arrives, your situation is treated as an existing tenancy. When you move in, the fixed end date will not lock you in. The agreement runs as a month-to-month tenancy.
Good news… the six-month limit on how far in advance a student tenancy can be signed does not apply for these agreements.
Joint tenancies
From 1 May, individuals in a joint tenancy will gain the right to bring the tenancy to an end if they give the landlord two months' notice. The landlord will then have the option to negotiate with the remaining tenants.
Rent in advance
Because you signed before 1 May 2026, the new rent-in-advance cap doesn't affect the agreement you've already entered - even though you haven't moved in yet. If your contract required several months' rent upfront, the landlord can still enforce that. But once your tenancy begins and converts into a periodic tenancy (as it will automatically after 1 May), the landlord cannot ask for any further rent in advance beyond one month at a time.
Everything else
All the rules from Scenario 1 above apply to you once you move in. If you are living in an HMO and have a fixed-term contract, its fixed-term nature disappears. If the landlord writes to you and says they intend to use "Ground 4A", the landlord will have to give you four months' notice to evict you between June and September. You will also gain the right to exit the contract if you give them two months' notice.
3. You haven't signed anything by commencement date
What happens
Everything you sign on or after 1 May 2026 has to be a new, monthly "periodic" tenancy. There are no fixed terms - the runs month-to-month from the start. Your landlord will need to provide you with certain information about the tenancy in writing. This should be through a written tenancy agreement.
For student HMO lettings
The summer eviction rule (Ground 4A) applies on the normal terms:
- The landlord must provide a written statement before you sign the tenancy saying it's a student let and they intend to re-let to students.
- They can't make you sign more than six months before the tenancy starts (if you're moving in September, you can't sign the tenancy before March).
- Any future eviction claim using Ground 4A must be timed so the notice falls between 1 June and 30 September.
Rent in advance
For all new tenancy agreements signed on or after 1 May 2026, the law now caps rent in advance to a maximum of one month's rent once the tenancy is entered. Landlords or agents cannot legally require larger upfront payments - even if you don't have a UK guarantor. Any attempt to demand 3, 6, or even 12 months' rent in advance would break the law.
Confused about how the transition affects you?
The transitional rules are complex and depend on your specific timing. If you're unsure whether your existing tenancy or planned tenancy is affected, or what the commencement date means for you, seek advice by contacting us at SU Advice.
Purpose-built student accommodation (PBSA)
Most of the changes in the Renters' Rights Act don't apply if you live in purpose-built student accommodation that belongs to approved codes of practice, but you do still have rights.
What is purpose-built student accommodation?
Purpose-built student accommodation (PBSA) are buildings specifically designed and built to house students - think modern blocks of student flats or halls of residence run by private companies.
PBSA is different from renting a normal house or flat. You typically get an en-suite bedroom in a shared flat with a communal kitchen, or a studio apartment, and the building has features like study spaces, gyms, and on-site management.
What are PBSA codes?
The codes are accreditation schemes for large student buildings. Think of them as quality marks that show the building meets certain standards.
The ANUK/Unipol Code of Standards for Larger Developments for Student Accommodation Not Managed and Controlled by Educational Establishments is a regulatory framework for purpose-built student accommodation operated by private providers rather than universities. The code was approved in 2022 and is currently undergoing an interim review. It applies to buildings with at least 15 bed spaces.
How to find out if this applies to you
Check the members directory or your landlord's letting and marketing materials, which must state if they are signed up to the code.
Your rights living in purpose-built student accommodation
Properties in codes are already subject to rules and have their own complaints procedures. If your accommodation is in one of these codes, many of the Act's new protections will not apply to you - these buildings are exempt from standard tenancy law and operate under different agreements called "licence agreements" rather than "assured tenancies".
Important: While most of the Renters' Rights Act doesn't apply to PBSA covered by approved codes, some provisions like Awaab's Law (setting timeframes for fixing serious hazards) will eventually apply to all rented accommodation, including PBSA. Implementation timescales for Awaab's Law are yet to be confirmed following consultation.
Parts of the Renters' Rights Act that do not apply
If your accommodation is in this code:
- The Renters' Rights Act does not apply to you.
- You have a licence agreement rather than a tenancy.
- Your accommodation is governed by the Protection from Eviction Act 1977.
- Your landlord can continue to offer fixed-term agreements linked to the academic year.
- You will not benefit from the rent in advance cap, meaning landlords can still require large upfront payments.
- You will not have access to the new ombudsman or the landlord database.
- The Section 21 abolition does not apply as you do not have an assured tenancy.
- Unlike students in university-managed accommodation, you cannot take complaints to the Office of the Independent Adjudicator.
What protections you do have
You have protections under the code itself:
- Your landlord must meet standards for health and safety, management, repairs, equality and inclusion, and complaints handling.
- The code includes protections if your building is not ready on time, including requirements that no rent can be charged until accommodation is fit for occupation and that you receive compensation for any additional costs.
- Your landlord cannot charge more for adapted rooms for disabled students than comparable standard rooms in their portfolio for that local authority area.
- All repairs and maintenance must be carried out within agreed timescales.
- Your deposit must be protected in a government scheme.
- Your occupancy agreement cannot contain unfair terms and must comply with the Tenant Fees Act 2019.
Making complaints
If you have a complaint about a breach of the code, you can complain directly to the Code's secretariat at Unipol Student Homes, and there is an independent tribunal process if complaints are not resolved. The code requires providers to actively publicise their complaints process and provide monthly updates on complaints not resolved within three months.
Problems with private student accommodation?
If you're in private purpose-built accommodation and having issues with your landlord or the code's complaint process, get advice. Unlike university accommodation, you can't use the OIA, but advisers can help you navigate the code's procedures.
SU Advice can assist you in raising a complaint and explaining the options available to you to challenge your landlord.
Upcoming changes
The code is currently undergoing revisions that are expected to come into effect when the Renters' Rights Act becomes operational. Proposed changes include:
- A right to end your agreement with four weeks' notice if you are not accepted into your institution, withdraw, or suspend your studies due to ill-health, provided you give evidence at the time of giving notice.
- New provisions for dealing with the death of an occupant, ending rental obligations on the date of death.
These changes are still in draft form and have not yet been approved by Government.
Right to rent
Understand the local tenancy laws and regulations to ensure you're aware of your legal entitlements and protections as a tenant.
My landlord says I have to show them my passport or birth certificate, should I?
For new tenancies starting on or after 1 February 2016, private landlords, agents, or householders who are letting private rented accommodation or taking in a lodger/subletting, must check their tenant's immigration status before they can offer them a tenancy agreement. This is called the 'right to rent'. This means checking that tenants or lodgers have the right to be in the UK. This also applies to council and housing associations. If you already live in a property before this date then your landlord or letting agent will have to check your right to rent before you move into the property.
Landlords must check the status every year and take a copy of the tenant's documents. If you find your accommodation before you arrive in the UK, your landlord or letting agent will have to check your right to rent before you move into the property.
The right to rent checks should not be carried out more than 28 days before the tenancy is signed.
You have the right to rent if you are one of the following:
- You are a UK citizen
- You are an EEA/Swiss national
- You have the right to be in the UK under EEA law
- You have valid immigration permission to be in the UK
- You do not have valid immigration permission to be in the UK but you have been granted 'permission to rent' by the UK government
Who is exempt from the checks?
You are exempt if:
- You live in an exempt property. This includes student halls of residence; accommodation owned and managed by a higher or further education institution, or a body established for charitable purposes only; and accommodation that you've been nominated to occupy by such an institution or charitable body.
- You are under 18 when you enter into the tenancy agreement; you will remain exempt until the landlord's next set of checks are due, even if you turn 18 during this time.
- You are not using the property as your main or only home in the UK.
- The landlord is immediate family, such as a parent.
- You are a guest in the property, you do not pay rent to stay there, and it is not your only or main home in the UK.
- The property is holiday accommodation and you will be staying there for only a short period of time.
What documents do I need to provide to have the right to rent?
Your landlord or lettings/property agent will need to see original evidence of your right to be in the UK. The following will be sufficient:
- British citizens - Passport (current or expired), or a certificate of registration or naturalisation as a British citizen.
- EEA/Swiss nationals - Passport or national identity card.
- Family members of EEA/Swiss nationals - EEA family permit or residence card.
- People with immigration permission to be in the UK - Current passport containing a valid visa, or a valid Biometric Residence Permit (BRP). If these documents are with the Home Office as part of an ongoing immigration application (or you have a pending appeal or administrative review) then you should give your landlord your Home Office reference number so they can verify this with the Home Office.
If your landlord does not check your immigration status they could be fined up to £3,000.
Disrepair and poor housing conditions
Tenants have rights in situations where your rented property is not adequately maintained, leading to issues such as structural problems, safety hazards, or essential amenities not functioning properly.
My landlord won't do the repairs, what can I do?
Your basic legal rights may not be written into your tenancy agreement, but tenants have basic rights set in law.
Tenants are typically responsible for some basic repairs, such as changing lightbulbs.
Under the 1985 Landlord and Tenant Act, the law states that landlords are responsible for:
- The structure and exterior of the property, heating and hot water systems, basins, sinks, and other sanitary installations.
- Gas and electrical appliances.
- Fire safety of furniture and furnishings provided.
- Repairing and keeping in good working order the water heating system.
However, the landlord only legally becomes responsible once they have been notified of the repairs in writing (via post or email).
The law states that, once notified, you have to allow a 'reasonable' amount of time for the landlord to carry out the repairs. The law does not set out what is reasonable, and this is determined on a case by case basis.
Timescales for the repairs
Emergency repairs such as broken boilers, a leaking roof or ceiling, or broken toilets should be carried out within one to two days.
For non-urgent repairs, such as a broken cupboard door, we suggest 28 days to be a 'reasonable' amount of time.
If the landlord ignores your requests or refuses to carry out repairs, there are a number of things you can do:
- Try to collect evidence of the disrepair
- Take photos of the disrepair/items damaged by the disrepair
- Gather receipts for the damaged items where possible
- If appropriate, contact your local council to request an inspection of the property
Keep copies of any emails, letters, or others record of any conversations that you have with your landlord/agent.
If your health has been affected by the disrepair, request copies of GP notes.
If you're having problems trying to resolve the issue, please contact us at SU Advice.
Do not stop paying your rent without speaking to us, or another advice agency, first.
For more detailed information, view our guide to repairs.