Lettings and The Law: the position in 2026
Lettings and The Law refers to the legal framework governing private rental agreements between landlords and tenants. It encompasses a range of statutes, regulations, and guidelines designed to ensure fair practices, protect tenant rights, and enforce landlord responsibilities. This article explores how lettings and the law have evolved since the early 2010s, with specific attention to the Renters' Rights Act (RRA) 2025 and its implications for both tenants and landlords.
Understanding the legal situation is important in 2026 as the rental market continues to evolve. The RRA 2025 has introduced sweeping changes aimed at creating a more balanced, transparent, and fair private rented sector (PRS). Tenants can now expect clearer guidelines on their rights regarding rent increases, maintenance issues, and eviction procedures. Landlords must also adhere to stricter regulations, ensuring properties are fit for human habitation and that rental agreements are fair.
What the law says
Several key statutes govern lettings in the UK, including the Housing Act 1988 (sections 8, 13, 21), the Housing Act 2004 (sections 213-215), the Landlord and Tenant Act 1985 (section 11), and the Deregulation Act 2015 (section 33). These laws provide a full framework for tenancy agreements, rent control, and eviction procedures.
The Housing Act 1988 outlines the legal requirements for tenants to pay rent on time and maintain rented properties. Lettings and The Law also sets out the conditions under which landlords can issue a Section 21 notice to evict tenants without fault grounds. The Deregulation Act 2015 introduced changes such as requiring landlords to provide tenants with information about their energy performance certificate (EPC) ratings. Improving transparency in the rental process.
The Tenant Fees Act 2019 prohibits letting agents from charging fees beyond those for a tenancy agreement and referencing checks. This act aims to reduce financial burdens on tenants by eliminating unnecessary administrative costs imposed by landlords or agencies.
How the Renters' Rights Act 2025 changes this
The Renters' Rights Act (RRA) 2025 significantly altered the situation of lettings in the UK, particularly with respect to Section 21 notices and periodic tenancies. Under the RRA 2025, landlords can no longer serve a Section 21 notice for eviction unless they have given tenants at least six months' notice from day one of the tenancy.
annual rent caps via Section 13 ensure that rent increases are reasonable and in line with local market conditions. This prevents sudden or excessive rent hikes that could destabilise tenant finances.
The RRA 2025 also extends the Decent Homes Standard to private rented sector properties, ensuring that all rental homes meet basic standards of fitness for human habitation. Awaab's Law is now applicable to private landlords as well, obliging them to ensure that properties are safe and free from hazards like mould.
A new Private Rented Sector (PRS) Ombudsman has been established to handle disputes between tenants and landlords more efficiently. Landlords must also register with a PRS Database to maintain transparency and accountability within the rental market.
What this means for tenants
Under the RRA 2025, tenants are now better protected against unfair eviction practices. They can expect their landlord to provide at least six months' notice before serving a Section 21 notice, ensuring they have ample time to find alternative accommodation if necessary. Annual rent caps mean that landlords can't impose arbitrary or excessive rent increases without justification.
Tenants should also be aware of their right to live in a property that meets the Decent Homes Standard and is free from health hazards such as mould and carbon monoxide risks. At Lettings and The Law, if these conditions aren't met, tenants may be entitled to withhold rent or seek legal action against the landlord through the PRS Ombudsman.
What this means for landlords
Landlords must now adhere to stricter regulations regarding eviction notices and rent increases. They can no longer serve a Section 21 notice without providing at least six months' notice from day one of the tenancy agreement. Landlords are also required to ensure that their properties meet the Decent Homes Standard, which includes regular maintenance checks and safety assessments.
Annual rent caps under Section 13 mean landlords must justify any rent increases within reasonable market conditions. Failure to comply with these new laws may result in penalties or legal action from tenants through established dispute resolution mechanisms like the PRS Ombudsman.
Common scenarios
Scenario 1: Eviction Notice
A tenant receives a notice of eviction shortly after moving into their rented property without receiving adequate notice period. The tenant contacts the PRS Ombudsman for assistance, who advises them to seek legal advice and file a complaint with the local council's environmental health department.
Scenario 2: Unreasonable Rent Increase
A landlord informs a long-term tenant of an upcoming rent increase that exceeds the annual cap set by Section 13. The tenant consults Shelter and learns they may be entitled to challenge this decision in court or through alternative dispute resolution services provided by the PRS Ombudsman.
Scenario 3: Property Maintenance Issues
A tenant discovers significant mould growth and a faulty boiler in their rented home, which violates health and safety standards under Awaab's Law. The tenant contacts the landlord repeatedly but receives no response. They then report the issue to their local council's environmental health team and seek compensation through legal channels.
Evidence tenants should keep
Tenants are advised to maintain thorough documentation of all correspondence with their landlords, including emails, letters, and text messages related to maintenance issues or rent disputes. It's also important to keep receipts for any repairs carried out by the tenant due to landlord negligence.
Photographs documenting property conditions at move-in and during subsequent inspections can serve as evidence if disputes arise over property fitness for human habitation or necessary repairs. Tenants should also keep a record of all rent payments made, along with dates and methods of payment, in case of discrepancies regarding overdue rent or unjustified rent increases.
What to do if things go wrong
If issues arise during the tenancy, tenants have several options for addressing them:
- At Lettings and The Law, Write a Formal Complaint Letter: Begin by sending a written complaint to the landlord outlining the specific problems and requesting a resolution.
- Contact Council Environmental Health Department: If the issue involves health or safety hazards such as mould or gas leaks, contact your local council's environmental health department for assistance.
- Deposit Scheme Dispute Resolution Service: Use deposit scheme services like TDS if there are disputes over deductions from the security deposit at the end of a tenancy.
- Housing Ombudsman: For complaints related to housing management or landlord conduct, escalate the matter to the Housing Ombudsman for investigation and mediation.
- PRS Ombudsman: For issues specific to private rented sector disputes, such as eviction notices or rent increases, contact the PRS Ombudsman.
- First-Tier Tribunal (FTT): If all else fails, tenants may need to take their case to a First-Tier Tribunal for further legal action.
- County Court: For serious issues requiring judicial intervention, such as breach of contract or property damage claims, consider filing a claim at the county court.
Common mistakes to avoid
Both tenants and landlords commonly make errors that can lead to unnecessary disputes:
- Not Providing Adequate Notice for Eviction: Landlords should ensure they provide tenants with at least six months' notice before serving a Section 21 notice under RRA 2025.
- Failing to Keep Properties Fit for Human Habitation: Both landlords and tenants must adhere to Awaab's Law, which mandates that properties be free from health hazards such as mould or carbon monoxide risks.
- Ignoring Annual Rent Caps: Landlords must justify any rent increases within the limits set by Section 13 of the RRA 2025.
- Lack of Documentation: Failing to maintain thorough records of correspondence, repairs, and maintenance can weaken a tenant's case if disputes arise.
Where to get help
Tenants facing issues in their rental agreements or disputes with landlords can seek assistance from several organisations:
- Shelter: Offers full advice on housing rights, eviction protection, and legal aid. Lettings and The Law's website provides detailed guides and resources.
- Citizens Advice Bureau (CAB): Local CAB branches offer free, confidential advice to tenants dealing with issues related to their tenancy agreements or disputes with landlords.
- Local Council Housing Team: Tenants can contact their local council's housing department for assistance in resolving issues like unsafe living conditions or maintenance problems.
- Housing Solicitors: For more complex legal matters, consulting a specialised housing solicitor may be necessary. They can provide tailored advice and representation in court.
Legal aid is available for tenants who meet certain eligibility criteria, particularly those involved in disputes over evictions or rent arrears. Contacting these organisations early on can help prevent further complications and resolve issues more effectively.