The Landlord Law Blog

Introducing the new Landlord Law Daily Tips service

2026-08-21T13:50:44Z

There seems to be a relentless barrage of new rules, laws, court and tribunal decisions and news items relating to the private rented sector coming out on a daily basis.

How can you possibly keep up?

Enter the Landlord Law Daily Tips service

To help, I am setting up a new service where people can sign up to get a new tip via email every morning, normally at 7.00 am.

Each tip will be short – something you can read in less than a minute. And it will alert you to something relevant.

For example:

A legal requirement you may not be aware of
An important new court or tribunal decision
A new Local Authority licensing scheme
An approaching deadline
A useful government publication, or
A practical step which, if taken now, could avoid problems later

Tips will sometimes link to Landlord Law content if this is relevant.

So how do you get them?

Easy! The service is free, but you have to sign up first.

Signing up will also give you our weekly Tuesday bulletin, which has more detailed information about developments in the PRS.

Note, by the way, that if you are already a member or signed up to one of our other services, you will still need to sign up for the tips separately.

I hope you find them helpful.

The post Introducing the new Landlord Law Daily Tips service appeared first on The Landlord Law Blog.

Landlord Law Newsround #450

2026-08-21T07:44:40Z

Weekly news and a little bit more with Landlord Law Newsround this week. Let’s see what has caught the teams’ eye.

Council consults on tougher and higher fines

Bath and North East Somerset council has started a consultation which will run until 23rd September to increase fines up to 50% where there has already been a breach for non-compliance.

They want to increase fines to start at £20,000 for electrical failures (standard penalties start at £12,000). Property licence non-compliances and over-occupation would also start at £20,000. Failure to produce a legal document would start at £ 3,000, with £12,000 fine for failing to provide a safety certificate. These fines could be adjusted by 20% upwards depending on how many properties the landlord has.

The council would offer up to 50% reduction for co-operation, early admission and complying with any remedial work within 28 days.

The Renters’ Rights Act gave councils new enforcement roles, a spokesperson said that this new policy will ensure ‘enforcement is fair, transparent and proportionate.

Rent arrears at an all-time low – claim

A report published claims that rent arrears are at their lowest level on record. Pegasus Insight states that 26% of landlords had rent arrears in the past year, which is down from 30%. Furthermore, 86% of landlords have made a profit, which is an increase of 2% from the previous quarter. This brought in rental yields of 7.02%.

Lisa Steele, Mortgage Lending Director of Paragon Bank said

Most tenants continue to meet their rental commitments, most landlords report operating profitable businesses and those are the factors that have the greatest influence on day-to-day confidence.

This is despite the Renters’ Rights Act coming into force this year, bringing many more new challenges for landlords.

Government begins recruitment of judges

It was announced this week by Sarah Sackman, Minister for the Courts and Legal Services that the government has begun recruiting 1,000 new judges and tribunal members due to the increase in demand following the Renters’ Rights Act becoming law. She has further advised that all courts will be digitised by May next year. Two new digital hubs will be created one for possessions and one for the Residential Property Chamber (still under development).

The digital possession process will be an online service for possession claims, with all relevant paperwork capable of being submitted electronically, thus cutting down delays. The minister is also setting up a non-judicial body that will determine relevant rents for each area, which, they claim, will reduce pressure on the First Tier Tribunal. This is still in its early stages though.

Pets in rentals on the rise

Younger renters have seized the opportunity to welcome a pet into their rental home, with 18% 25-34 year olds taking on a pet, with 37% planning on a pet later this year. Older renters are less inclined to take on a pet with 64% of over 55 year olds saying they have no intention of taking on a pet.

And more encouragingly, tenants are taking their pet responsibilities seriously with 93% taking active to protect their rental home against pet damage, such as fitting door gates (39%) keeping pets out of certain rooms and deep cleaning their properties during their tenancies (52%) if they take on a pet.

A spokesperson for Simply Business, who carried out the survey, said renters are taking on the responsibility seriously. Landlords can claim for pet damage via the deposit; landlords cannot force tenants to take out pet insurance under the Renters’ Right Act.

Do you have properties in Telford and Wrekin?

If so, did you know that a borough-wide additional HMO licensing scheme comes into force on 25 August 2026? It covers HMOs occupied by three or more people forming two or more households, including section 257 converted blocks.

So, for example, a property with three unrelated friends—or a couple sharing with one unrelated person—will normally require a licence. The standard fee for three- or four-person HMOs is £1,522.42, with the council’s current page offering a 10% discount for complete applications submitted by 24 August.

Find out more.

Snippets

Royal rentals fail minimum energy standards
What you should do if you missed Making Tax Digital deadline
Shock safety failures of Salford’s unregistered HMOs
Lewisham’s rogue landlord crackdown sends a warning to the PRS
Why dodgy doors are the latest casualty of the UK heatwaves

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

The post Landlord Law Newsround #450 appeared first on The Landlord Law Blog.

The hidden Rent Act problem with the Decent Homes Standard

2026-08-17T18:17:53Z

The Renters Rights Act 2025 so far has had little impact on protected and statutory tenancies. These are tenancies which originated before 15 January 1989 and so come under the jurisdiction of the Rent Act 1977.

As no new protected tenancies have been created since 15 January 1989, they are a diminishing category of tenancy.

Indeed, many people are unaware that they exist.

However, a significant number remain—and because of their extensive security of tenure and succession rights, they are likely to be with us for some time.

The forthcoming Decent Homes Standard

Although the Renters Rights Act has changed practically nothing for protected tenants so far, this is likely to change with the coming into force of the new Decent Homes Standard.

The government confirmed in January 2026 that the new standard will apply to the social and private rented sectors from 2035. The standard itself has now been published, although further detailed guidance and implementing arrangements are still awaited.

It is intended to apply to protected tenancies as well as assured and social tenancies. Although this is subject to regulations we have not seen yet.

Some landlords may consequently have to undertake substantial works, particularly where properties have not been modernised for many years.

This will present a problem for protected tenants.

The current limits on fair rents

All protected tenants (and their landlords) can apply to have a ‘fair rent’ registered, which then is the only rent which can be charged.

Fair rents were initially intended to be based on market rents, but with important statutory adjustments—including the assumption that there is no substantial excess demand for similar accommodation in the wider locality.

However, from the 1970s onwards, with most tenancies protected, fewer true market rents were available for comparison. So rents tended to drift down and down.

Only after the 1988 Housing Act came into force, when landlords could set market rents, did rent officers have more open-market evidence available. Fair-rent assessments consequently began to rise, sometimes dramatically.

This caused great distress and hardship to protected tenants, many of whom were elderly and on fixed incomes.

As discussed in my post here, the government responded by passing the Rent Acts Maximum Fair Rent Order in 1999, which limited the amount by which a fair rent could be increased.

This greatly annoyed many landlords, and the legislation was challenged in the courts in a case which was eventually unsuccessful. However, the regulations undoubtedly helped many elderly tenants who otherwise would have been in difficulties.

The exception to the rule

The Maximum Fair Rents Order did have one exception though – it does not apply where landlord-funded repairs or improvements have changed the condition of the property, and that change alone would have increased the previously registered rent by at least 15%.

At the moment I understand that many protected tenants resist landlord improvements because they fear the works will lead to an unaffordable rent increase.

However, once the Decent Homes standards come into force, landlords will not be able to ignore this or respect tenants’ wishes. They will have to comply or risk enforcement action by the Council.

I can see this creating enormous problems for their tenants. Not unnaturally, landlords will want some reward for the works they will be obliged to carry out, which in many cases will be expensive.

However, the resulting rental increase could result in tenants falling into arrears and maybe risking eviction and even homelessness.

Housing benefit may assist some tenants, but many elderly tenants may be unaware of this or unwilling to apply.

How can the government guard against this happening?

There are a few options:

amending the Maximum Fair Rent Order for works required solely to comply with new statutory standards;
phasing any resulting rent increases;
providing grants or low-cost finance for landlords;
providing targeted financial assistance and benefits advice for affected tenants; or
issuing clear guidance on how compulsory works interact with the fair-rent regime.

However, I can see strong objections from landlords to any restriction on rents, and indeed it is unfair to expect them to carry out expensive works with little or no resultant rent increase.

And finally

Improving housing conditions is of course desirable, as are the energy efficiency improvements which will also help tenants save on energy bills and enable them to have warmer and safer homes.

However, if the overall result is to increase rents and make them unaffordable for elderly tenants, then this needs to be reconsidered.

If requiring a landlord to improve a protected tenant’s home results in that tenant facing an unaffordable rent increase, one serious housing problem will simply have been replaced by another.

There is still time to address this before the Decent Homes Standard takes effect in 2035. Hopefully, the government will do so.

The post The hidden Rent Act problem with the Decent Homes Standard appeared first on The Landlord Law Blog.

How Should Landlords Respond to AI-Generated Tenant Complaints?

2026-08-16T13:18:13Z

You are a landlord with perhaps one or two properties. You consider yourself a reasonably good landlord and have generally got on well with your tenants.

Suddenly, you receive a letter of complaint from your tenants.

It is very long, complex and seems to quote a lot of law, some of which you were not aware of, or thought had been repealed.

You are also very surprised, as the letter writing style is quite different from your tenants’ normal communications.

You are not particularly wealthy and cannot really afford to instruct solicitors to investigate this.

What should you do?

The AI letter

It’s probable that this letter has been drafted—or substantially expanded—using an AI tool. Sudden changes in style, lengthy legal arguments and confident citations of obscure legislation generally indicate AI assistance.

However, that doesn’t mean you should not take the letter seriously. Your tenant must have been unhappy about something to have consulted AI about drafting a letter to you in the first place.

But if the letter has been drafted by AI, it is likely that some parts of it are incorrect. As AI often makes mistakes. The question is what parts are incorrect and what should you do about it?

If you use AI yourself, you could upload a copy of the letter and ask its advice. Although before doing so, you should remove any identifying information such as names, addresses or other personal or sensitive information.

However, you need to be careful about relying on the reply, as your AI is as likely to make a mistake as your tenant’s AI! So use your AI to help you understand and organise the letter, rather than as your only source of legal advice.

What you could do, though, if you are finding the letter hard to understand, is to ask your AI to analyse it and work out what the problem is. For example, it could be asked to provide a table showing

Issue	What the tenant alleges	Evidence supplied	Action requested	Deadline

Then have a think about it.

Analysing the letter

You need to separate out

the problem the tenants are complaining about from
the legal rules that they are citing, and
the redress that they are claiming.

For example, let’s assume they allege one of the following:

The property has damp – so you must deal with this within 48 hours under Awaab’s law and pay them two months’ compensation
You have failed to serve a gas safety certificate on them – so they have a defence to the section 8 notice based on ground 1 that you have just served
You have failed to serve the government’s ‘How to Rent’ booklet on them – so you cannot use any of the possession grounds
You have failed to obtain an HMO or selective license – so they are automatically entitled to be refunded two years’ worth of rent

How should you deal with these?

The property has damp

This is certainly something you should investigate and if they are correct, deal with as soon as possible.

However, Awaab’s Law does not currently apply to ordinary private sector landlords. Nor does it provide a general rule that every damp problem must be resolved within 48 hours or automatically entitle a tenant to two months’ compensation.

There are, though, other repairing and housing condition obligations on private landlords. You should inspect promptly, identify the cause, keep written records and arrange any work for which you are responsible.

The failure to serve a gas safety certificate

This is only mandatory if the property has gas, so if the property is all electric then you are not at fault!

However, if the property has gas appliances for which you are responsible, check immediately whether the required inspection has been carried out and the certificate supplied. If not, take steps to get this done as soon as possible.

Failure to provide a gas safety certificate, though, does not, by itself, provide a defence to possession proceedings brought under Ground 1.

Also, often the reason landlords have not been able to get the inspection done is that tenants have refused access! If this is the case here, make sure you have full records of this. Then write to the tenant referring to your previous attempts to arrange access, and ask them to make an appointment for your gas engineer to attend as soon as possible.

The government’s How to Rent booklet

This has now been withdrawn by the government so landlords no longer need to serve it.

It is possible though that your tenants might be confusing this with landlords’ new obligations to provide prescribed written information about their tenancy, so check that you have done this!

The failure to obtain an HMO or selective license

If you have indeed failed to obtain this, then you are in a tricky position.

However, even if you have, tenants are not automatically entitled to two years’ rent. They must apply to the Tribunal first, and the award is decided by the Tribunal, which will take various matters into account, including the behaviour of the tenants.

So proceed as follows:

Your property may not be licensable – so check this first. Licensing schemes vary between council areas and may change over time.
If the property is now licensable because of unauthorised occupiers brought in by the tenants, you should ask them to remove them. If they fail to do so and are in breach of the terms of their tenancy agreement, seek legal advice. You may well have a claim to evict them along with an injunction and costs. However, you may still need to get a licence.
If you are at fault, then apply for a licence immediately – this will protect you against claims for the period after your application was made. Before speaking to your tenants, seek legal advice.

These are just a few examples. But whatever your tenant is alleging, try to deal with it in the same way.

Your plan of action for dealing with the letter

Depending on the actual letter and what it says, here is a suggested plan of action

Acknowledge the letter promptly, although you don’t need to say anything else at this stage other than that you have it.
Ask your AI to analyse the letter as suggested above, recording the issue, the allegation, the evidence, what they want and any deadline
Identify any documents or other evidence you may hold that is relevant
Investigate the facts—including inspecting the property if appropriate.
Check any legal points that they may be making. For example, take a look at the current online government guidance for English landlords (which is very good). If you are a member of an organisation such as the NRLA or Landlord Law, they may be able to help (Landlord Law members can ask me questions in our Members Forum)
Deal with any genuine safety or repair problem without waiting for the legal argument to be resolved.
Obtain specialist advice where possession, licensing, serious disrepair or substantial compensation is involved.
Once you have thoroughly investigated the letter and know where you stand, write back giving a clear written response addressing each complaint separately.

And finally

One way to avoid this happening in the first place is to have clear procedures for reporting and dealing with common issues. These can be incorporated into your tenancy agreement.

For example, on Landlord Law we have the following procedures which our landlords can include in their tenancy agreements

A repairs procedure
A procedure for application to keep a pet
Rent arrears procedure
Tenant ending procedure

Then, if your tenant sends you a letter which touches one of these issues, you can write back asking them to complete your procedure as provided in their tenancy agreement.

Find out more about the Landlord Law procedures here.

The post How Should Landlords Respond to AI-Generated Tenant Complaints? appeared first on The Landlord Law Blog.

Landlord Law Newsround #449

2026-08-15T10:35:13Z

What has been happening in the housing news week? Landlord Law gives you some highlights in our weekly blog.

Fraudulent tenancy applications on the rise thanks to AI

Goodlord has carried research on fraudulent tenancy applications and it has found that these are costing landlords and letting agents £9,600 per tenancy. The loss calculated equates to loss of rent, illegal subletting.

Scamming has increased by 40% in the last year with fraudsters becoming a lot more sophisticated creating bundles of bogus documents such as bank and employment references and ID’s using AI technology building a raft of false information that landlords rely on when assessing a tenant.

A spokesperson from the NRLA said

This report should act as a wakeup call for landlords across the sector. The market is now falling prey to increasingly sophisticated types of fraud and landlords need to take every step to protect themselves from these risks.

This type of fraud is now costing the industry £4.1billion a year and rapidly rising.

Right to buy sales increase

Government data reveals that 14,275 council homes were sold under the Right to Buy scheme in England during 2025-26, which was an increase of 90% compared to 2024-25. Maybe this was a rush to take advantage of the right before new rules come into force.

These will increase the minimum eligibility period and reduce the discounts available.

Rachel Springall, finance Expert at Moneyfactscompare.co.uk, said

the amount of homes sold under the scheme does create a dilemma for the wider housing market, as social housing stock needs to be replaced.

Tackling the provision of social housing was part of the first official speech from the new Prime Minister, Andy Burnham, stating “we will build more council homes”. While this comment is positive, the scale and pace to achieve significant numbers of new dwellings has to be bold to cater to high demand.

A study from the Resolution Foundation revealed that 1.3 million households are on local authority housing waiting lists, the highest number since 2014, plus, there is a near-record high of households living in temporary accommodation.

The lack of council housing means that there is usually no alternative for low-income families but to rent more expensive private sector accommodation.

Heavy fines on landlords proposed by Council

Local Authority Officials can’t just fine who they like. They need to follow their Council’s enforcement policy.

For example, Bath & North East Somerset Council is proposing to toughen its enforcement policies as part of a policy update following the introduction of new rules under the Renters Rights Act.

Starting penalties are being proposed of £12,000 for electrical safety issues, and £20,000 for failure to comply with HMO fire standards.

They are also proposing an extra 50% to be added to the penalty under new rules which allow additional penalties to be charged where non-compliance continues. For example, we are told that Bath and NE Somerset are looking to add 50% for

previous non-compliance, including a financial penalty, prosecution, simple caution or warning letter;
the breach or offence having continued for more than six months;
alleged non-cooperation with the council, including “failing to provide a substantive response to a letter alleging an offence”;
alleged deliberate or reckless breaches, such as knowing an offence was occurring;
HHSRS Category 1 hazards present at the property; or
actual harm caused to the tenant or occupant.

How to check the policy in YOUR council

Bath and NE Somerset are not the only Council drafting new policies. Landlords are advised to check their own Council’s policy.

You can do this by doing a search on the internet on “[Your council name] Private Sector Housing Enforcement Policy” and seeing what comes up. If, as is likely, you get a link to the policy document, check the implementation date. If this is before 1 May 2026, then this will be your Council’s old policy which has not yet been updated to take account of the new rules. So you should check again later.

If you can’t find the policy online, your Council should let you have a copy of their policy on request.

Landlord Law members can find out more about Local Authority Enforcement action in our special kit.

More tenants using AI to create complaint letters

Reports show that more and more tenants are doing this. However, many AI-generated letters will be incorrect. AI has a tendency to give you what you want to hear and is known to make things up.

However, landlords and agents still need to respond to these often complex complaint letters and try to work out what is correct and what is not. Greg Tsuman, a former Propertymark President saying

With the rise of AI, we have seen a spike in complex and intricate complaints. We are now having to spend time and effort addressing multipart points and complaints that are sometimes without grounds.

AI tends to be very much user-biased – it can tell you what you want to hear, and it can lead people into a potential false sense of awareness where the complaint might be without true merit.

Tenants wanting to check the law might consider using the Renters Guide, as this is written by a solicitor (me) and is more reliable than an AI answer would be. This site is based around questions, and if your question is not there, you can submit it for us to consider adding.

Snippets

Landlords wanted to test a new comparable properties pack
Councils complicated crackdown on HMO locations
Landlords feel unfairly blamed for housing crisis
Section 21 gas safety battle heads to Supreme Court

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

The post Landlord Law Newsround #449 appeared first on The Landlord Law Blog.

landlord Law Newsround #448

2026-08-07T07:38:31Z

Welcome to our first Newsround of August, where we find no shortage of housing news this week.

Renters at a disadvantage for EV charging

A survey out this week claims that renters are at a clear disadvantage when charging their EV vehicles and have to negotiate many more hurdles in order to be in a position to have a charger at their home.

Tempcover, who ran the survey claim that 89% of home owners found charging at home easy, but it was only 72% for those who rent. 90% of home owners have home charging access, but only 69% of renters do.

Renters have to negotiate more barriers in order to have one at their home which includes high installation costs, higher electricity bills, and seeking permission from the landlord or other bodies. Renters (18%) tend to use public chargers more than home owners (9%).

A spokesperson for the survey company said that ‘closing this gap will be the key to making the EV transition work for everyone’.

Revised HHSRS framework could leave landlords at risk

Penalties of up to £7000 can now be issued by councils for category 1 hazards found in the private rented sector housing. This is following HHSRS updates on June 23rd. Inventory Base estimates that there are 504,808 rental properties harbouring at least one category 1 hazard.

Sian Hemming-Metcalfe of Inventory base warned that landlords need to keep complete and up to date records, adding

Where those records are disconnected, outdated or inconsistent, landlords and agents may struggle to show what was identified, when it was escalated and what was done about it. That is where regulatory exposure grows.

Authorities can now issue a £7000 civil penalty but this can increase to £40,000 if they take a landlord or agent to court for repeated breaches.

Some hazard statistics are as follows:-

Falls on stairs 244,032 hazards
Excess cold hazard 130,748
Damp hazards 64,422 homes

Landlords and agents should continually review their assessment records and maintenance procedures so they are in line with the new statutory guidance.

Impending Finance Bill 2027 – Landlords be prepared

The new Finance Bill 2027 coming in April next year will give the HMRC powers to issue penalties to landlords for unintentional tax reporting errors. These will be known as a ‘Customer Correction Notice’ that will require the landlord to check their submissions and make any changes if needed.

If a landlord fails to make a correction or does not comply, then HMRC will treat it as a deliberate mistake and issue a penalty. Penalties can be financially severe and can also impact a landlord’s reputation.

You can read more here.

Snippets

Mydeposits moves tenancy deposit schemes to Total Property
Gas safety compliance falls for England’s social housing landlords
Landlord ignores improvement Notice and ends up in court
Rubbish-strewn rentals leave landlord £4,500 out of pocket
The end of an era

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

The post landlord Law Newsround #448 appeared first on The Landlord Law Blog.

Tenants! The Renters’ Guide is live again and updated for the Renters’ Rights Act

2026-08-03T10:30:17Z

Back in 2021, I set up a special information website for renters with solicitor Harriet Thomas.

The Renters Guide is different from most tenant information websites because it starts with a question.

We have hundreds of questions and answers stored on the site. You can search them using the large search box on the home page and at the bottom of most other pages. The answers also contain links to longer articles and guides where you can find more detailed information.

However, the changes introduced by the Renters’ Rights Act meant that parts of the site had become out of date and needed to be reviewed.

In view of all my other work, completing the review took some time. However, I am pleased to say that the work has now been done and the updated Renters Guide is live again.

So, if you are a tenant or another type of residential renter and have a problem, please give it a try.

The site is entirely free to use. We have removed the former free “membership”, as we decided that it was no longer serving any useful purpose. You can now access the questions, answers and free articles without joining.

If you have a problem that the site cannot resolve, we also offer a paid telephone advice service provided by specialist housing solicitors.

Supporting the Renters Guide

Although the Renters Guide is free to use, it is not free for us to provide.

We receive a modest income from the premium guides available on the site and a small administration fee from the telephone advice service. However, this does not cover the full cost of running and maintaining the service.

We have therefore introduced a donations page. If you have used the Renters Guide and found it helpful, we would be very grateful if you would consider making a donation. Any amount will help us continue providing and updating the service.

Click the button below to visit the site:

Visit the Renters Guide

The post Tenants! The Renters’ Guide is live again and updated for the Renters’ Rights Act appeared first on The Landlord Law Blog.

Landlord Law Blog Roundup for July

2026-08-01T09:28:23Z

Here are all our posts for July.

Wednesday 1st July

Housing Law Handbook 6th Edition by Diane Astin

Read my review of the latest edition Housing Law Handbook

Thursday 2nd July

Landlord Law Blog Roundup for June

Roundup of posts for June

Friday 3rd July

Landlord Law Newsround #443

Our first Newsround for July

Friday 10th July

Landlord Law Newsround #444

Housing new and more in our weekly Newsround

Monday 13th July

Do Pre-2026 Tenancy Agreements still allow one months notice?

Read my blog on notice to quit issues

Friday 17th July

Landlord Law Newsround #445

Read our weekly Newsround

Monday 20th July

Property Fraud: the free protection every landlord should use

Read my blog on how to protect your properties from fraud

Friday 24th July

Landlord Law Newsround #446

See what has been happening in the housing news

Monday July 27th

No Rent Freeze in England – But new Restrictions on Rents and Rent Increases

Read my blog on why the Renters’ Right Act will keep rents in running out of control

Friday 31st July

Landlord Law Newsround #447

Our last Newsround for July

Section 21 ends: what possession options do landlords have now?

Looking at landlords’ eviction prospects now that Section 21 has ended.

Landlord Law News Blog

The new eviction process – choosing and using possession grounds

Section 21 ends: what possession options do landlords have now?

2026-07-31T10:58:00Z

Today (31 July 2026) is the very last day that landlords can issue proceedings to evict tenants under the no-fault Section 21 procedure (save where tenants are in a breathing space).

From now on, landlords of assured tenancies will need to use one of the other statutory grounds for possession set out in the Housing Act (Schedule 2).

The possession grounds in Schedule 2

This was heavily amended by the Renters Rights Act 2025. As the no-fault ground was being removed, the remaining grounds needed to enable landlords to recover possession in all reasonable circumstances.

Note that some grounds are mandatory (where the Judge must make a possession order if the ground is made out, whereas others are discretionary (where the Judge has a discretion whether to grant a possession order).

Here are the main grounds that landlords will be able to use to recover possession moving forward. But first we need to consider

The Section 8 notice

There is now a new notice for landlords to use when seeking possession. It is form 3A. You need to be careful when serving notice that you have the correct form and have completed it correctly.

Landlords also need to be aware that Local Authorities have increased powers to issue Civil Penalty Notices of up to £7,000 or £40,000 in some cases, if notices are being used inappropriately.

For example:

Attempting to end the tenancy by a ‘notice to quit’ – maximum penalty £7,000
Attempting to end the tenancy orally (ie just telling the tenant to leave) – maximum penalty £7,000
Serving a ‘purported notice of possession’ (e.g. a section 21 notice which will now be invalid) – maximum penalty £7,000
Relying on a possession ground without reasonably believing that you will be able to obtain possession on that ground – maximum penalty £7,000
Re-letting within 12 months of using one of the two no-fault grounds – maximum penalty £40,000

There are other grounds for issuing a Civil Penalty Notice. A full list is available in the Landlord Law Dealing with Local Authority Enforcement Kit.

The two ‘no fault’ grounds

It is not correct to say that there is no longer any ‘no fault’ ground landlords can use to recover possession. There are two.

Ground 1 – where the property is required for the landlord and/or a member of his family to live in
Ground 1A – Where the landlord requires vacant possession in order to sell the property.

In both cases, possession cannot be required during a 12-month restricted period. Special rules determine when that period begins and may extend it where proceedings are issued.

Landlords who do this can also be the subject of a Rent Repayment Order.

The student ground – Ground 4A

If a letting is by an educational institution, they can use ground 4. The ground for ‘ordinary’ landlords is ground 4A. However, there are strict conditions for its use:

The tenant, or all the tenants if they have a joint tenancy, were full-time students when they signed the tenancy, or you reasonably expect them to become full time students during the tenancy
You are intending to let to full-time students when you next let the property
The tenancy agreement was entered into no more than 6 months before the tenancy start date
The property is a house in multiple occupation (HMO) or is part of a HMO
You gave your tenants written notice that you may evict them under ground 4A before they signed the tenancy
You gave your tenants 4 months’ notice of your intention to evict them – the notice period must end between 1 June and 30 September

Note that this means that many student landlords will be unable to evict students under this ground – for example if the property is occupied by just two people and so is not an HMO.

Further guidance on this ground is available for Landlord Law members, plus the Landlord Law APT agreements include an option to incorporate a ground 4A notice.

Employees – ground 5C

This ground applies where accommodation has been let under an assured tenancy in consequence of the tenant’s employment.

It should be distinguished from a service occupancy, where occupation is required for the proper or better performance of the employee’s duties and the occupier may have a licence rather than a tenancy.

The conditions for its use, and recommended procedures are:

The property must have been let to the tenant “in consequence of the tenant’s employment”.
Ideally, there should be a written contract of employment in place, which should be kept with the tenancy agreement documents.
It would be helpful if the accommodation is referenced in the job offer and/or contract of employment. If so, keep copies of this also with the tenancy documentation.
It must be clear from your paperwork that the accommodation was provided to the tenant only because they are an employee.
If the accommodation is intended only for the early part of the tenant’s employment, this should be expressly stated.
The landlord must have given prior notice to the tenant that Ground 5C may be relied upon.

Ground 5C can be used where:

The employee has left the employment, or
Where the accommodation was provided to assist the tenant in the early part of their employment and is now required for another employee.

Further guidance is available for Landlord Law members, plus Landlord Law APT agreements include an option to incorporate a ground 5C notice.

Serious rent arrears – ground 8

This is probably the ground which will be used most often. It was the ‘real’ reason why many landlords used the section 21 procedure.

It has, however, been amended:

The arrears should now be 3 months/13 weeks rather than 2 months/8 weeks
The notice period is now 4 weeks rather than 2 weeks
Arrears caused by the non-payment of Universal Credit to the tenant cannot count towards the arrears figure.

This all means that the arrears will be higher before landlords can commence the eviction procedure.

As possession proceedings can take between six and 12 months (or sometimes more) before possession is obtained, landlords should consider helping tenants to pay rather than moving immediately to eviction.

For example by

Helping tenants with claims for benefits (this website can help https://www.entitledto.co.uk/)
Helping tenants source help to pay utilities and other bills
Helping them apply for grant aid (this website can help https://grants-search.turn2us.org.uk/).

We have more detailed guidance available for Landlord Law members.

Other grounds for possession

The grounds listed above are the ones landlords will probably use the most. However, there are many others, including grounds

Where the landlord needs to carry out substantial building works
Where the landlord needs vacant possession to comply with enforcement actions
To use after the death of the tenant
To evict based on anti-social behaviour
Where the tenant has no right to rent.

Further information is available to Landlord Law members on these and other grounds.

Possession after service of a tenant’s notice to quit

Finally, although landlords cannot serve a valid notice to quit, tenants can. Amendments to the Protection from Eviction Act provide that tenants in assured periodic tenancies can end their tenancy after service of a valid notice to quit.

The notice can be served by all or just one of joint tenants and will (if property drafted) end the tenancy for all.

However, if they change their mind, or if their co-tenants wish to remain in the property, the notice to quit can only be withdrawn if

the landlord and all the tenants agree to this in writing, and
This is done before the notice takes effect.

If the notice is not withdrawn and the tenants remain in occupation after it expires, landlords will be entitled to bring possession proceedings because:

the tenancy has been ended by the tenant’s notice to quit; and
the former tenants remain in occupation without any continuing right to occupy.

Note that if you want to use this procedure, you should be careful not to do anything after the notice expires which could inadvertently create a new tenancy.

Be aware that a possession order is needed – you will make yourself liable for serious penalties if, for example, you evict the tenants yourself by changing the locks.

Detailed guidance is provided to Landlord Law members on what to do on receipt of a tenant’s notice to quit.

And finally

In view of the potential penalties for getting things wrong, landlords now need to be extremely careful about

What they say to tenants about wanting to recover possession
The notices they serve and
The eviction claims they bring.

Some cases, for example, many claims based on rent arrears, will be straightforward. Many of these claims will be suitable for landlords to bring acting ‘in person’ so long as care is taken.

However, for most situations, the safest course of action is for landlords to take legal advice and ideally use solicitors to draft possession notices and act in proceedings.

Landlord Law provides detailed guidance to members on Local Authority enforcement powers and how to bring proceedings for possession without using a solicitor.

The post Section 21 ends: what possession options do landlords have now? appeared first on The Landlord Law Blog.

Landlord Law Newsround #447

2026-07-31T08:30:49Z

Welcome to our last Newsround of July where bring you all the latest landlord related news from the past week.

The end of Section 21

Today (31 July 2026) is the very last day that landlords can issue proceedings for possession based on a Section 21 notice.

The end of an era!

Landlords who served their s21 notice but did not serve the government’s information sheet, must (if they have not issued proceedings) serve it now.

Rental behaviour shifts on pets

It appears that the Renters’ Rights Act changed the mindset for renters on admitting to having a pet until the very last minute in some cases.

Searches within Rightmove have declined 54% for ‘pet friendly’ accommodation now that a landlord cannot unreasonably refuse a pet. Fewer tenants feel the need to filter for this search, and their behaviour has shifted to discussing pets with landlords further down the process, some even at the time of signing their new tenancy agreement.

Marc von Grundherr of Benham and Reeves said that this ‘demonstrates just how significantly attitudes have changed following the legislation ‘. He added that the ‘reality is that tenants now understand the balance of power has shifted’.

Tenants are happy with their rentals – claim

A new report out by the English Housing Survey, which canvassed 14,000 private renters, states that 84% of tenants are satisfied with the repairs and maintenance of their accommodation and indeed, what rent they are paying.

Renters are also paying a smaller proportion of their wages on rent compared to four years ago. This questions the government’s claim that the PRS is ‘broken’.

David Smith, Policy Director at Residential Landlords Association said

It shows that renters are spending less of their income on housing, at 33%, down from 34% the previous year and 36% in 2014/15, and are staying in their homes for over four years on average.

It’s not so bright for younger tenants (16 to 24-year-olds) though who spend 45% of their income on rent.

Rise of rodent infestations in PRS

There has been a significant rise in pest infestations over the last five years as ongoing changes to waste collections, including separate food waste collections, coupled with ageing drainage infrastructure and increasingly larger populated areas, according to Tony King, a pest controller.

His advice to landlords is that they should act quickly if they get a rodent complaint and to be proactive when carrying out inspections. The also need to educate their tenants more on checking for signs of pest activity, how they must dispose of their rubbish correctly, and how to keep refuse areas tidy and secure. They should clearly state what the tenants’ obligations are.

Landlords need to prove that they have acted proactively, carried out repairs and obtained the help of a professional pest control company should a complaint be lodged at a local authority. Or, be able to prove that the infestation is down to poor tenant housekeeping or managing waste.

Let’s end this week’s Newsround with some positive news.

HMO landlords shine the beacon on energy efficiency

HMO landlords are leading the way in accelerating energy efficiency in their properties, with 66% of them now achieving an EPC rating of A to C. According to data published this week by Paragon Bank. 28% of HMO landlords have also brought forward improvements for energy efficiency. This is well before the government deadline of all rental properties being at an EPC C by 2030.

In addition to this, four in ten HMO landlords are proactively helping their tenants against household costs by taking on some of the increase in rising energy bills rather than passing it all on.

A spokesperson for Paragon Bank said

Energy efficiency is now a core part of how HMO landlords operate. Many are already ahead of proposed standards, which reflects a long-term approach to managing their properties.

Snippets

New Housing Minister wants even tougher rental rules
Notts council eyes tougher controls for HMOs
Town’s landlords face clean-up warning
Government admits no assessment of burden facing landlords
Britain’s uninhabitable homes: as temperatures rise, a new approach is needed

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

The post Landlord Law Newsround #447 appeared first on The Landlord Law Blog.

No Rent Freeze in England—but New Restrictions on Rents and Rent Increases

2026-07-27T08:31:54Z

One thing which landlords fear is rent control. Limits on the rent that they can charge and the increases that they can make.

Starmer’s government ruled this out, and landlords will be pleased to know that the current administration has ruled them out too.

Speaking on BBC Breakfast, Housing Secretary Angela Rayner said that rent controls introduced elsewhere had not “necessarily brought rents down”.

She pointed out that the changes made by the Renters’ Rights Act were “already having a significant impact on the market”.

So what are the Renters’ Rights Act rules (applicable after 1 May 2026) that Angela Rayner is relying on?

Before a tenancy is entered into:

All landlords must give a ‘proposed rent’ in all property adverts (except ‘to let’ boards), and this is the rent that must be charged once the tenancy starts.

Landlords who fail to provide a ‘proposed rent’ or who enter into any form of ‘rental bidding’ or even if they say that they might be willing to accept a higher rent, can be given a Civil Penalty by their Local Council of up to £7,000.

It is also strictly forbidden to take any form of rent in advance before the tenancy agreement is signed. Local Authorities (normally through their trading standards offices) can issue a civil penalty of up to £5,000 if they find that advance rental payments have been accepted.

So if tenants pay rent in advance to landlords at this time, the safest course of action is to refund it.

Between the tenancy agreement signing and the tenancy start, landlords can take one month’s rent in advance only.

After the tenancy has started

If tenants consider that the property rent is more than the market rent, they can apply for ‘an open market rent determination’ provided the application is made within six months of a new tenancy start.

All assured tenancies are now periodic and the tenancy period is the same as the rental period.

So if a monthly tenancy starts on 3 July, the tenancy period will run from the 3rd day in the month to the 2nd day in the month.

Rent for that month will be payable during that period. Most tenancy agreements will require rent to be paid at the start of the period (ie on the 3rd day of the month in our example). Although, by default (i.e., if there is no tenancy agreement clause), rent is payable in arrears at the end of the rental period.

However, landlords cannot require rent to be paid earlier than the first day of the rental period. Or, in other words, they cannot require a tenant to pay February’s rent in January.

If tenants want to pay rent in advance, though, they can. So if a student wants to pay their rent up front from their grant or loan, to guard against spending it by mistake on something else, they can. But landlords cannot require them to do this – it is up to them.

Increasing rent

Finally, landlords can only increase rent once a year (with no increases permitted during the first year of the tenancy) using the statutory notice procedure set out in the Housing Act 1988, section 13.

The statutory notice is Form 4A.

There are no special rules for landlords on doing this – for example, the new rent does not have to be subject to any limits such as being not more than a certain percentage.

However, if tenants are unhappy with the new rent, they can challenge it to the First Tier Tribunal.

This is the same procedure as that used to challenge the rent during the first six months of the tenancy and the same form must be used.

The procedure is set out in the government guidance here. The most important points are that

The application must be made before the date on which the proposed new rent is due to take effect as set out in the Form 4A, and
There is a fee of £47.
Tenants must provide a copy of their tenancy agreement
The name, address and contact details of their landlords, and
(Where the tenant is challenging a rent increase) a copy of the landlord’s notice

The government guidance points out that the tribunal will need as much detail as possible to assist them in coming to a decision, so tenants should provide further information about the property (as suggested in the guidance) together with information about rents charged for similar properties nearby.

As the tribunal is currently under pressure, it is likely to be some time before the application is dealt with, but landlords and tenants can negotiate during this time and hopefully will be able to reach agreement without the need to actually proceed with the application.

However, tenants should make the application even if they are in discussions with their landlord, as if they miss the application deadline, they will have lost their chance to challenge the rent, and the proposed rent in the landlord’s notice will take effect.

And finally

Although many tenants and tenants’ organisations will be disappointed that the government is not going to proceed with rent caps, my view is that this is the right decision.

Rent caps have been shown in the past to be counterproductive. They tend to discourage landlords, which generally results in fewer properties available to rent.

For example:

Rented property in England reduced from around 80% of households before the First World War, to about 9% of households in the 1980s, which is believed to be due in part to the restrictions on the rent landlords could charge under the ‘fair rent’ rules.
The rent caps in Scotland have also resulted in a reduction of properties available to rent, and
Berlin’s 2020 rent cap reduced rents in regulated properties but was accompanied by a substantial contraction in available listings. It was struck down by Germany’s Constitutional Court in 2021 because the Berlin state legislature lacked the power to enact it.

See also our post here where we discuss some other issues.

So our advice for landlords is to be rigorous in applying for a modest rent increase annually to keep rents up to date with inflation.
Our advice for tenants is to negotiate this with landlords and apply for a review if they consider it is above the market rent.

However, note that if a tenant’s rent has been considerably below a market rent for many years and the landlord decides to increase it to the market rent level, tenants will not be able to object to this on the basis that it is a substantial and (for them) unaffordable increase.

The Tribunal can help them by delaying the rental increase for a further two months but no more.

The post No Rent Freeze in England—but New Restrictions on Rents and Rent Increases appeared first on The Landlord Law Blog.

Landlord Law Newsround #446

2026-07-24T08:55:15Z

Landlord Law Newsround finds itself in another week, let’s see what has caught the team’s eye this week.

Angela Rayner rules out rent controls in England

Angela Rayner has confirmed that the government will not be bringing in Rent Controls. Which will be a relief to landlords.

The government, she said, will be relying on the measures in the Renters Rights Act, which were “already having a significant impact on the market“.

She also said that controls which had been implemented in some areas of the UK over the past few years had not “necessarily brought rents down“.

New Right to Rent codes take effect in October

The Home Office has published revised Right to Rent codes of practice taking effect on 1 October 2026, including separate guidance on avoiding unlawful discrimination.

Landlords and agents will need to update referencing procedures and staff guidance before October. The discrimination code is particularly important where applicants have digital status, time-limited permission or unfamiliar immigration documents.

Final week for many legacy section 21 claims

Landlords relying on section 21 notices served before 1 May 2026 generally have only until 31 July 2026 to start possession proceedings—or until the notice expires, if earlier.

Accelerated possession remains available only where the transitional conditions are satisfied.

Landlords and agents should check their records to ensure that proceedings, where required, are issued in good time.

‘Poor conduct’ could impact landlords with PRS Ombudsman

Matthew Pennycook, Housing Minister, has stated that repeated bad conduct from a landlord could be taken into consideration when a case is brought to the PRS Ombudsman. He did, however, also clarify that the Ombudsman is not there to ‘punish landlords’ but will take previous landlord conduct into account based on evidence provided.

He added

The Ombudsman will have the discretion to consider the individual circumstances of each complaint, based on the evidence provided by parties involved. This could include where evidence is provided of landlords’ repeated poor conduct.

Local councils are expected to take the lead on enforcement.

Making Tax Digital deadline draws closer

Landlords with annual revenues above £50,000 will need to start completing quarterly tax returns from the 7th August, but a survey announced this week claims that out of 500 landlords and sole traders, 25% have not signed up yet to the HMRC in order to do this.

Further figures show that out of 864,000 estimated business people that need to sign up 216,000 have not even registered for the new tax regime.

Landlords have stated that this new tax will take up six days of their time over the next year. Failure to sign up will incur penalties for each missed deadline.

Social landlords still not meeting response times

A report issued this week from the government states that social landlords are still struggling to meet the legal response times within Awaabs Law for damp and mould. This is for the first phase of the legislation despite the fact that phase two comes into force on 30 November 2026.

Whilst some emergency hazard complaints were met within the guidelines such gas leaks and floods, damp and mould complaints are taking months to resolve between inspections and remedial works. This is coupled with not taking into account the vulnerability of the tenant as well. The report also details that the definitions within the legislation are not clear enough which means Awaabs Law is being applied inconsistently.

The report described ‘significant challenges in translating the legislation and associated guidance into operational practice, particularly where requirements depended on professional judgement rather than clear, objective benchmarks’.

You can read more here.

Council can predict HMO’s with serious hazards

A new licensing scheme in Slough is in consultation until September 22 on a new additional licensing scheme for smaller HMO’s with three or four tenants sharing a kitchen or bathroom. Slough Council says it can predict before the scheme comes into force that out of the 2,024 HMO’s in its borough that 22.3% will have serious hazard.

A councillor for the council said

These licensing schemes mean there are more requirements for landlords to follow. They must take all measures to provide safe, secure and habitable housing for their tenants.

The scheme will ‘improve standards’ and housing ‘that is fit for purpose’.

Snippets

Burnham won’t rule out rent freeze as part of the support package
Be aware: not all rent repayment order clams are what they seem
Renters’ chief quits, taking part-credit for Section 21 abolition
Burnham pledges to end rough sleeping in England in first speech as prime minister
Tenant fraud is on the rise, says vast majority of landlords

See also our Quick News Updates on Landlord Law

Newsround will be back again next week

The post Landlord Law Newsround #446 appeared first on The Landlord Law Blog.

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Introducing the new Landlord Law Daily Tips service

Enter the Landlord Law Daily Tips service

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Landlord Law Newsround #450

Council consults on tougher and higher fines

Rent arrears at an all-time low – claim

Government begins recruitment of judges

Pets in rentals on the rise

Do you have properties in Telford and Wrekin?

Snippets

The hidden Rent Act problem with the Decent Homes Standard

The forthcoming Decent Homes Standard

The current limits on fair rents

The exception to the rule

How can the government guard against this happening?

And finally

How Should Landlords Respond to AI-Generated Tenant Complaints?

The AI letter

Analysing the letter

The property has damp

The failure to serve a gas safety certificate

The government’s How to Rent booklet

The failure to obtain an HMO or selective license

Your plan of action for dealing with the letter

And finally

Landlord Law Newsround #449

Fraudulent tenancy applications on the rise thanks to AI

Right to buy sales increase

Heavy fines on landlords proposed by Council

How to check the policy in YOUR council

More tenants using AI to create complaint letters

Snippets

landlord Law Newsround #448

Renters at a disadvantage for EV charging

Revised HHSRS framework could leave landlords at risk

Impending Finance Bill 2027 – Landlords be prepared

Snippets

Tenants! The Renters’ Guide is live again and updated for the Renters’ Rights Act

Supporting the Renters Guide

Landlord Law Blog Roundup for July

Wednesday 1st July

Thursday 2nd July

Friday 3rd July

Friday 10th July

Monday 13th July

Friday 17th July

Monday 20th July

Friday 24th July

Monday July 27th

Friday 31st July

Landlord Law News Blog

Further Reading

Section 21 ends: what possession options do landlords have now?

The possession grounds in Schedule 2

The Section 8 notice

The two ‘no fault’ grounds

The student ground – Ground 4A

Employees – ground 5C

Serious rent arrears – ground 8

Other grounds for possession

Possession after service of a tenant’s notice to quit

And finally

Landlord Law Newsround #447

The end of Section 21

Rental behaviour shifts on pets

Tenants are happy with their rentals – claim

Rise of rodent infestations in PRS

HMO landlords shine the beacon on energy efficiency

Snippets

No Rent Freeze in England—but New Restrictions on Rents and Rent Increases

Before a tenancy is entered into:

After the tenancy has started

Increasing rent

And finally

For example:

Landlord Law Newsround #446

Angela Rayner rules out rent controls in England

New Right to Rent codes take effect in October

Final week for many legacy section 21 claims