How to avoid potential problems when renting: the position in 2026
How to avoid potential problems when renting is about taking proactive steps before and during your tenancy to ensure a smooth experience and protect your rights. In 2026, with stringent new laws and heightened tenant protections, being well-prepared has never been more important for both tenants and landlords.
2026 update - Renters' Rights Act 2025: Renting law has changed significantly. The Renters' Rights Act 2025 abolishes Section 21 'no-fault' evictions, ends fixed-term assured shorthold tenancies in favour of rolling periodic tenancies, and creates a new mandatory PRS Landlord Ombudsman plus a Private Rented Sector Database that landlords must join. The Act is being brought in over 2026, so check the current commencement position for any specific provision. See our Renters' Rights Act 2025 guide for the full picture.
In the UK rental market, avoiding disputes and issues like mould, broken appliances, or unexpected rent hikes is important. The Renters' Rights Act 2025 introduced significant changes that provide strong safeguards against these problems. Tenants now have greater security of tenure with periodic tenancies starting from day one, annual rent caps, and extended decent home standards enforced by the new PRS Ombudsman. This environment makes it important for tenants to be informed about their rights and responsibilities.
What the law says
The legal framework governing rental properties in the UK includes several key statutes. The Housing Act 1988 (s.8, s.13, s.21) sets out tenancy agreements, eviction procedures, and notice requirements for landlords. Specifically, Section 13 deals with rent reviews and increases while Section 21 allows landlords to end a fixed-term contract without cause after its expiry.
The Housing Act 2004 (s.213-215) provides further protections against harassment and illegal eviction practices by landlords. The Landlord and Tenant Act 1985 (s.11) requires landlords to maintain their property in good repair and condition, addressing issues like disrepair and structural faults.
The Deregulation Act 2015 (s.33) introduced the right for tenants to end assured shorthold tenancies early if they have been subjected to domestic abuse or another serious problem that makes staying unsafe. The Tenant Fees Act 2019 restricts landlords from charging excessive fees beyond the initial deposit and rent, ensuring fairer practices.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act 2025 significantly altered the situation of UK tenancies by abolishing Section 21 notices, which previously allowed landlords to end a contract without cause. Instead, all new periodic tenancies start immediately from day one, providing tenants with continuous security beyond fixed terms.
Annual rent caps under Section 13 of the Act also cap rent increases to a maximum of five percent plus inflation each year, ensuring that rents don't skyrocket unexpectedly. At How to avoid potential problems when renting, additionally, the Decent Homes Standard is now extended to all private rented sector (PRS) properties, mandating higher maintenance and quality standards from landlords.
Awaab's Law, extending tenant safety regulations introduced after a tragic accident, is now applicable to both social and private housing sectors. This includes stricter fire safety measures and regular inspections for communal areas in high-rise buildings.
The Act also established a new PRS Ombudsman who can investigate disputes between tenants and landlords directly. all PRS properties are required to register with the PRS Database, increasing transparency and accountability within the sector.
What this means for tenants
For tenants, these changes mean greater security and protection against unfair practices by landlords. With periodic tenancies starting immediately, you gain continuous legal rights that prevent sudden evictions without cause. Additionally, rent caps ensure your living costs remain predictable, reducing financial stress over time.
You should familiarise yourself with the Decent Homes Standard requirements to hold landlords accountable for maintaining properties in good condition. Regular safety checks and inspections are now mandatory, ensuring a safer environment for you and your neighbours.
If issues arise or disputes occur, the PRS Ombudsman provides an avenue for resolution through independent investigations. By understanding these protections, tenants can better assert their rights and address problems proactively without fearing retaliation from landlords.
What this means for landlords
For landlords, compliance with new regulations is now important to avoid legal penalties and maintain a good reputation in the rental market. The abolition of Section 21 notices requires landlords to provide proper notice before ending tenancies, typically at least two months under standard circumstances (unless an accelerated possession order applies).
Maintaining properties according to the Decent Homes Standard involves regular maintenance checks, addressing disrepair promptly, and adhering to fire safety regulations in line with Awaab's Law. Failure to comply can result in fines or even loss of rental income if disputes arise.
Landlords must also register their properties on the PRS Database as part of increased transparency measures. At How to avoid potential problems when renting, this database helps tenants verify property details and landlord credentials, building trust within the sector.
Common scenarios
Scenario 1: Mould Infestation
If you notice mould growth in your rented home, it's important to document the issue and report it immediately to your landlord. Under the Decent Homes Standard, landlords are required to keep properties free from damp and condensation issues that cause health risks like asthma or allergies.
Scenario 2: Faulty Electrical Appliances
Electrical appliances failing during tenancy can be hazardous and costly to repair. Landlords have a duty under s.11 of the Landlord and Tenant Act 1985 to ensure all electrical systems are safe for use, including regular testing by certified professionals.
Scenario 3: Rent Increase Dispute
If your landlord proposes an excessive rent increase, check if it aligns with Section 13's five percent cap plus inflation rule. If not, you may be entitled to challenge the rise through formal dispute resolution mechanisms like mediation or tribunal proceedings.
Evidence tenants should keep
Tenants should maintain thorough documentation throughout their tenancy to support any disputes that arise. Key items include:
- Signed copies of your tenancy agreement
- Receipts for rent payments and any maintenance requests
- Photos or videos of property conditions upon move-in and during issues
- Emails, letters, or notes regarding communications with the landlord or letting agency
Such evidence can be important in proving your case should you need to escalate a problem through formal channels like dispute resolution services or court proceedings. Keeping detailed records ensures that you have all necessary proof ready when dealing with potential disputes.
What to do if things go wrong
If issues arise during your tenancy, follow these steps:
- Complaint Letter: Write to the landlord addressing specific problems and requesting immediate action.
- Council Environmental Health: If the problem involves health or safety concerns like mould or electrical faults, contact the local council's environmental health department for advice and inspections.
- Deposit Scheme Dispute: Use the deposit scheme's dispute resolution process if repairs are required but not covered by rent payments or tenancy agreement terms.
- Housing Ombudsman: Escalate unresolved disputes to the Housing Ombudsman for independent investigation.
- PRS Ombudsman: For PRS-specific issues, file a complaint with the new Private Rented Sector Ombudsman.
- First-Tier Tribunal: If disputes persist and involve significant financial stakes or breaches of statutory duties, consider filing an appeal through the First-tier Tribunal for Property Chamber (Residential Property).
- County Court: For eviction cases or other serious legal matters, proceed to the County Court where applicable.
Each step builds on the previous one, offering increasingly formal methods to resolve issues and protect your rights as a tenant.
Common mistakes to avoid
Both tenants and landlords often make critical errors that can lead to disputes and complications. Avoid these common pitfalls:
- Not Documenting Issues: Failing to keep records of property conditions or maintenance requests can weaken your case in disputes. At How to avoid potential problems when renting, - Accepting Unfair Terms: Signing agreements without fully understanding rent increase clauses, eviction notices, or repair responsibilities exposes you to potential exploitation.
- Ignoring Minor Repairs: Small issues left unaddressed often escalate into major problems later. Address them promptly to maintain a healthy living environment.
- Overlooking Legal Changes: New laws and regulations like the Renters' Rights Act 2025 significantly impact both tenants' rights and landlords' responsibilities. Stay informed to protect your interests.
Where to get help
For additional support, consult organisations such as Shelter (shelter.org.uk), Citizens Advice (citizensadvice.org.uk), or your local council's housing team for advice and guidance. Legal aid may be available depending on the nature of your case; check eligibility criteria with these organisations.
Understanding and using these resources can provide valuable assistance when dealing with complex rental issues, ensuring you receive fair treatment under UK law.