The Renters’ Rights Act represents a fundamental shift in how the private rented sector operates. Beyond changes to possession and rent reviews, the most significant change for landlords is the move towards an ongoing, evidence-based compliance system.
Under the new framework, it will no longer be enough to simply “do the right thing”. Landlords will need to be able to prove that they have done so - with accurate documentation, clear records, and compliant processes in place at all times.
This article explains what that means in practice and what landlords should be preparing for now.
Or if you want our more in depth guide to the Renters Rights Act, click here.
A Shift From One-Off Compliance to Ongoing Evidence
Once the Renters’ Rights Act comes into force (in May 2026), all existing tenancies will convert into New Assured Tenancies.
Under this system:
- Section 21 will be abolished
- Section 8 becomes the only route to possession
- Rent increases must follow strict procedures
- Councils will rely more heavily on documentation when enforcing standards
Documentation Will Matter as Much as Compliance Itself
One of the most important implications of the new system is that enforcement will focus not only on whether landlords complied - but whether they can demonstrate compliance.
Landlords should expect to maintain clear records covering:
- Licensing status and application evidence
- Safety certificates and renewal dates
- Rent review notices (Section 13) and supporting market evidence
- Communication records with tenants
- Maintenance actions and response timelines
In disputes, tribunals and local authorities will rely on written evidence. If documentation is missing, incomplete or unclear, landlords may find themselves exposed - even where intentions were reasonable.
Possession Under Section 8: Evidence Is Critical
With Section 21 removed, all possession claims must rely on Section 8 grounds, many of which now have stricter notice rules and evidence requirements.
For example:
- Ground 1 (Landlord or family occupation) and Ground 1A (Sale) are subject to a 12-month rule tied to the original occupation date
- Ground 8 (Redevelopment / major works) requires supporting evidence such as planning permission, funding confirmation or surveyor reports
- Student HMO grounds (Ground 4A) require early planning and precise notice timing
Landlords will need to log occupation dates, store supporting documents, and track notice deadlines accurately to avoid invalid claims.
Rent Reviews Must Be Fully Documented
Under the new rules, rent increases will only take effect when a Section 13 notice is served correctly.
Key points landlords must document include:
- Market rent comparables supporting the increase
- The date the notice was served
- Clear communication with tenants explaining the rationale
Tenants will be able to refer increases to a tribunal at no cost, and increases will not apply until a decision is made. Clear evidence and transparent communication will be essential to avoid delays and disputes.
Guarantors, Advance Rent & Tenancy Clauses
Under the new system, landlords will need to pay closer attention to how tenancy agreements are structured, particularly where advance rent and guarantors are used.
Going forward, landlords will generally only be able to take up to one month’s rent in advance.Any advance rent that was paid before the Renters’ Rights Bill comes into force will remain valid and does not need to be repaid.
Where a guarantor is used, agreements should be clearly drafted so the guarantee:
· Covers the full period the tenant occupies the property, and
· Continues to apply if the rent increases during the tenancy.
Tenancy agreements should also be reviewed to make sure key clauses remain effective under New Assured Tenancies. In some cases, having the correct clauses in place may support possession under the new Section 8 grounds.
Landlords should review and update tenancy documentation ahead of implementation to avoid relying on clauses that no longer operate as intended.
Fairness, Decision Records & Discrimination Risk
The Act places greater emphasis on fairness and transparency in tenant selection.
Landlords are expected to:
- Assess applicants individually
- Avoid blanket policies
- Keep short written notes explaining rejection decisions (e.g. affordability, references)
Local authorities will enforce this area, and documentation will again be key to demonstrating compliance.
Increased Administrative Oversight Between Tenancies
Landlords should also expect increased administrative involvement around:
- Council tax liability (tenants deemed to have six-month tenancies)
- Written notice evidence supplied to councils
- Shorter gaps and more frequent documentation handovers
Keeping records organised and accessible will be important, particularly for landlords managing multiple properties or living overseas.
The Bigger Picture: Process, Not Panic
While the Renters’ Rights Act introduces significant change, it does not make professional letting unviable.
The landlords who will be affected the least under the new system will be those who stay proactive on compliance, maintain evidence-based processes, track tenancy timelines carefully, communicate clearly and consistently or, work with an agent who will do all this for you like Rocket Property Management.
Frequently Asked Questions
Will I need new documentation for all existing tenants?
All existing tenancies will convert into New Assured Tenancies. Landlords should review tenancy documents, guarantees and rent review clauses to check they remain compliant under the new system.
Can I still increase rent under the Renters’ Rights Act?
Yes, but only through a correctly served Section 13 notice, supported by market evidence. Tenants may refer increases to a tribunal.
Is self-management still possible under the new rules?
Yes, but landlords should not underestimate the level of documentation, tracking and evidence required - particularly around possession, rent reviews and compliance.
Final Thought
The Renters’ Rights Act is the most significant reform the private rented sector has seen in decades. For landlords, success under the new system will depend less on reacting to change - and more on having the right processes, records and oversight in place.
Rocket Property Management will continue to provide clear, practical guidance as implementation approaches, helping landlords navigate each stage with confidence and clarity.
