The main changes that will come into effect from 1 May 2026 are:

Rent and Increases:

• Rent increases are limited to once annually.
• Notice period to implement the increased change from 1 month to 2 months.
• Tenants can apply to the First Tier Tribunal to challenge at a cost of just £47.00.
• Can only charge the rent advertised – rental bidding is prohibited.
• Only one month’s rent in advance can be requested.
• The first month’s rent cannot be collected until all parties have signed the agreement.
• Arrears will increase from 2 months to 3 months to facilitate service of the new Form 3A seeking possession under Section 8 of the Housing Act 1988. The notice period is also increased from 2 weeks to 4 weeks.

Your tenant, therefore, could technically be in arrears on the very first day of the tenancy under the new regulations.

Discrimination and new regulations:

• If a potential tenant informs the landlord or agent that they have children or receive benefits, they cannot be stopped from viewing a property or denied a tenancy solely because of those circumstances.
• Landlords and their agents will need to demonstrate, if requested by the local authority, that they have not taken any actions that would make it less likely for prospective tenants with children or in receipt of benefits to rent the property compared to other prospective tenants without these circumstances.
• The initial penalty, if the local authority finds that the landlord or their agent intended to discriminate, will be up to £7000.00 for the first offence.  This penalty, enforced by the local authority, may be imposed every 28 days again should the discrimination continue.

Tenants’ right to request to keep a pet:

Under Section 16A of the Renters Rights Act 2025, all tenants will have the right to request permission to keep a pet at the property. Each request must be considered on an individual basis. We will always require that any request be made in writing by the tenant and include a description of the pet requested.

• Each request must be responded to within 28 days and must be handled fairly.
• Any refusal should be evidence-based, such as providing details of restrictions set by the Freeholder as specified in the superior lease.
• You may also decline on the grounds that the property is unsuitable (e.g., a large dog in a studio flat or a pet in shared accommodation that uses communal spaces, such as the kitchen).
• A further reason could be that the landlord or a member of their immediate family who formerly resided at the property and may do so again has allergies – remember, this must be supported by evidence.

If you refuse the request for a pet and the tenant considers it unreasonable, they may appeal to the Private Rented Sector Ombudsman (more details to follow in due course) or the Courts.

Landlords cannot require tenants to take out pet insurance or reimburse the cost of it. This is stipulated by the Tenant Fees Act 2019. However, any damage caused by a pet can be deducted from the tenants’ deposit at the end of the tenancy.

We recommend that you check your current insurance to ensure it includes pet damage.

Grounds for Possession:

There are 8 mandatory grounds (this means that as long as you can evidence the grounds claimed, the court must grant a Possession Order).

There are 11 discretionary grounds (the Judge will have the final say on whether a Possession Order will be granted).  

Some of the grounds do have variations, which are listed, such as Ground1A and Ground 1B.

We are going to look closely at Grounds 1, 1A, 8, 12 and 14. 

Ground 1

If you or a close family member need to move into the property, you will be able to use this ground. This ground may not be used within the first 12 months of the tenancy, and a 4-month notice period must be given to the tenant. 

For example, you may serve notice under this ground at month 8 to request possession by the end of month 12. Should you choose to use this ground, you will not be able to relet the property for a further 12 months if you change your mind after possession has been obtained. Should you do so, you could be subject to a fine ranging from £7,000 to £40,000.00. 

Ground 1A

This ground would be used if you wish to sell the property. Again, you are unable to serve this within the first 8 months of the property, and the same requirements above apply. 

Ground 8

This ground can be used if the tenant owes at least 3 months’ rent when rent is paid monthly. If rent is paid weekly or fortnightly, 13 weeks’ rent must be outstanding. The tenant will also need to owe this minimum amount on the date notice is provided and on the day of the court hearing. 

We always include grounds 10 and 11 to show that the tenant is in arrears or has been persistently in arrears, in the hope that the court will use its discretion under these grounds to still grant a Possession Order. However, if a tenant owes this rent because their Universal Credit has not been paid and they can provide evidence of this, the ground will not stand, as benefits are no longer counted if they are due. A notice period of 4 weeks must be given to the tenant before any court action can be issued. 

Ground 12

This is a discretionary ground, but a useful one should the tenant breach a term of the tenancy agreement that is unrelated to the payment of rent.  However, this must be fully evidenced.  A notice period of 2 weeks must be given to the tenant before any court action may begin.

Ground 14

Whilst a discretionary ground, this ground applies if a person who lives at the property or a visitor commits antisocial behaviour.  This also applies when that person has committed a serious offence near the property.  No notice is required for this ground, and an application can be made immediately to the court for possession.  However, this ground relies on strict evidence and usually requires a prosecution with assistance from the police or the local authority.

More information on all the grounds available under Section 8 of the Housing Act 1988 can be found on the government website gov.uk.