Landlords and letting agents: the position in 2026
Landlords and letting agents are key figures in the rental market, each playing distinct roles in managing tenancies and ensuring that both parties' rights and obligations are met. In 2026, this relationship is governed by a complex set of laws designed to protect tenants while also ensuring landlords can manage their properties effectively. Understanding these roles is important for dealing with your tenancy smoothly.
The legal framework has evolved significantly since the introduction of the Renters' Rights Act 2025, which dramatically reshaped landlord and tenant dynamics. This article covers how these laws apply to both tenants and landlords, providing practical guidance on rights and responsibilities in the modern rental situation.
What the law says
The relationship between tenants and their landlords or letting agents is regulated by a series of statutes including the Housing Act 1988 (s.8, s.13, s.21), the Housing Act 2004 (s.213-215), the Landlord and Tenant Act 1985 (s.11), the Deregulation Act 2015 (s.33), and the Tenant Fees Act 2019. These laws establish the legal parameters within which landlords must operate, including their responsibilities for repairs and maintenance, notice requirements for eviction, and restrictions on fees.
The Housing Act 1988 defines the rights of tenants to quiet enjoyment and sets out provisions for periodic tenancies (s.21) and notice periods for termination (s.8). The Deregulation Act 2015 further clarified tenant protection by imposing stricter requirements on notices, particularly Section 21 evictions (s.33), ensuring that landlords provide adequate justification before ending a tenancy.
The Tenant Fees Act 2019 bans letting agents from charging tenants for services such as referencing and inventory checks, reducing the financial burden on renters while also curbing unethical practices by some agencies.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 introduced sweeping reforms to the rental market. Key provisions include:
- Abolition of Section 21 Evictions: Landlords may no longer serve a Section 21 notice for eviction, ensuring that any termination must be justified.
- Periodic Tenancies from Day One: New tenancies are automatically periodic from day one, providing greater stability and protection to tenants.
- Annual Rent Cap via Section 13: Rent increases are capped annually based on inflation rates specified by the government, preventing excessive price hikes.
- Decent Homes Standard Extended to Private Rental Sector (PRS): Properties must meet a higher standard of habitability, ensuring better living conditions for all tenants.
- Awaab's Law Extension to Private Landlords: Health and safety standards are extended, with stricter regulations on fire safety and other life-threatening hazards.
- New PRS Ombudsman: A dedicated body is established to handle disputes between landlords and tenants, offering a more accessible route to resolution.
- PRS Database Registration: All private rental properties must be registered in a central database, providing transparency and accountability for both parties.
These changes significantly alter the balance of power in favour of tenants, ensuring fairer treatment and greater protection under the law.
What this means for tenants
Under the new framework, tenants have enhanced protections against unfair eviction and rent hikes. At Landlords and letting agents, tenants are now entitled to a stable tenancy from day one without renewal clauses, which can be a significant relief from the stress of uncertain housing situations.
Tenants should be aware that they may not face sudden evictions through Section 21 notices unless there's a valid reason such as non-payment of rent or breach of contract. Additionally, annual rent increases are now capped based on inflation rates, preventing landlords from imposing arbitrary price hikes.
Landlords are expected to maintain properties up to the Decent Homes Standard and adhere to health and safety regulations, ensuring that tenants live in safe and habitable conditions. Tenants should familiarise themselves with these standards to hold landlords accountable for any deficiencies.
In case of disputes, tenants can utilise the new PRS Ombudsman service or seek assistance from local authorities and legal organisations like Shelter or Citizens Advice for support.
What this means for landlords
The Renters' Rights Act 2025 imposes stricter compliance obligations on landlords. Landlords must now maintain properties to a higher standard, ensuring they meet the Decent Homes Standard and comply with fire safety regulations as per Awaab's Law extension.
Landlords can no longer rely on Section 21 notices for evictions without justification, necessitating clear grounds such as non-payment of rent or breach of contract. This requires landlords to maintain thorough records of any breaches or issues that may justify eviction.
Rent increases are subject to annual caps based on inflation rates, reducing the ability of landlords to raise rents arbitrarily. Landlords must carefully manage their finances and property maintenance budgets within these constraints.
To deal with these changes effectively, landlords should consult legal advice and familiarise themselves with new regulations. Staying compliant ensures that properties remain attractive to tenants while avoiding potential disputes or penalties for non-compliance.
Common scenarios
Scenario 1: Eviction Notice
Situation: A tenant receives a Section 21 notice from their landlord.
Resolution: Check if the notice complies with current laws. Since Section 21 was abolished, landlords must provide valid reasons such as rent arrears or breach of contract for eviction.
Scenario 2: Annual Rent Review
Situation: A tenant is informed that rent will increase next year.
Resolution: Verify if the proposed increase adheres to the annual cap based on inflation. If not, tenants can dispute this with the landlord and seek mediation through local housing services or PRS Ombudsman.
Scenario 3: Property Condition
Situation: A tenant notices significant mould or poor heating in their property.
Resolution: Report these issues promptly to the landlord or letting agent. Landlords are expected to maintain properties up to Decent Homes Standards and address such conditions within a reasonable timeframe.
Evidence tenants should keep
Tenants should gather and retain several key pieces of evidence throughout their tenancy:
- Contract Documentation: Keep copies of your tenancy agreement, any signed amendments, and relevant correspondence.
- Correspondence Records: Document all emails, letters, or messages exchanged with the landlord or letting agent regarding maintenance issues, rent payments, or other matters.
- Photographs and Videos: Take photos or videos of property conditions at move-in and periodically during your tenancy to document any changes or damage.
- Service Provider Receipts: Save receipts for repairs or services conducted in the rental unit, especially if you had to pay out-of-pocket due to landlord neglect.
Maintaining these records can be important when addressing disputes with landlords or seeking legal remedies through mediation or court processes. At Landlords and letting agents, always ensure documents are stored securely and are accessible in case of an emergency.
What to do if things go wrong
If issues arise during your tenancy, follow a structured escalation path:
- Complaint Letter: Start by sending a formal letter outlining the problem(s) to both the landlord and letting agent (if applicable).
- Council Environmental Health: If unresolved, contact your local council's environmental health department for inspection.
- Deposit Scheme Dispute: Submit disputes over deposits through the relevant deposit scheme's adjudication service.
- Housing Ombudsman: Seek a resolution via the Housing Ombudsman if further action is needed.
- PRS Ombudsman: Use this new body to handle specific landlord-tenant disputes under PRS regulations.
- First-Tier Tribunal: For more complex cases, file an appeal at the First-tier Tribunal (Property Chamber).
- County Court: As a last resort, initiate legal proceedings through the county court.
Each step should be carefully documented and pursued methodically to build a strong case for fair treatment under the law.
Common mistakes to avoid
Both tenants and landlords commonly make several errors that can complicate tenancy issues:
- Ignoring Contract Details: Failing to read or understand your tenancy agreement thoroughly.
- Delayed Reporting of Issues: Not promptly reporting maintenance problems or other concerns to the landlord.
- Overlooking Legal Obligations: Landlords neglecting to maintain properties up to Decent Homes Standard and adhering to fire safety regulations.
- Misusing Section 21 Notices: Employing Section 21 notices for eviction without valid grounds post-abolition.
- Neglecting Annual Rent Caps: Ignoring the annual rent increase caps based on inflation rates.
Avoid these pitfalls by staying informed about your rights and responsibilities, promptly addressing any issues that arise, and seeking professional guidance when necessary to ensure compliance with new regulations.
Where to get help
Tenants facing difficulties can seek assistance from various organisations:
- Shelter: Offers expert advice via their helpline or website. At Landlords and letting agents, - Citizens Advice: Provides local services for housing disputes and legal aid eligibility checks.
- Local Council Housing Team: Contact your council's housing department for specific guidance on property standards and complaints procedures.
Legal aid may be available to cover costs of representation in certain cases, particularly if the issue involves serious health or safety concerns. Always check with these organisations to understand your options fully before taking further action.
Related: Student Renting Guide: Deposits, HMOs and Your Rights