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Providers need to start reviewing their market rent stock, systems and policies to ensure they are ready for the new tenancy regime, writes Emma Hardman, head of housing at Anthony Collins
As the Renters’ Rights Act 2025 has now received royal assent and the implementation roadmap has been published, private registered providers of social housing with market rent properties should ensure they are prepared for the new tenancy regime, with the first phase of implementation coming into effect on 1 May 2026.
‘Private rented stock’ includes any market rent stock belonging to private registered providers, so stock must be clearly identified and the different rules thoroughly understood by staff. Misclassification could lead to applying the act’s provision incorrectly, or answering tenants’ queries inaccurately.
Private registered providers with a mix of social and market rents must have systems in place to distinguish between the two types of stock. The first step is to identify which, if any stock, falls outside the ‘social housing’ definition. This needs to be clearly recorded and accessible to all staff handling queries (and not just for statistical data return purposes).
Providers should be ready to communicate the changes to tenants and clearly set expectations. For tenants in social housing, this will involve confirming which changes in the act will affect them and, perhaps more importantly, which will not.
For tenants in non-social housing stock, the roadmap clearly states that landlords must send the standard information sheet (not yet published) to existing tenants by the end of May 2026. Providers may wish to send their own communications to supplement that document.
Landlords will not need to issue new tenancies to existing residents, as the changes in tenure will automatically take place upon implementation. However, landlords should begin preparing a new standard contract for market rent tenancies that is ready to use from 1 May 2026.
This will need to take account of regulations expected in January 2026 that will set out the minimum information to be included in the written statement of terms.
Changes affecting rent review processes and the management of rent arrears are key risk areas for providers with market rent properties. Under the new rules for the private rented sector, at least two months’ notice must be given of a rent review.
If a tenant challenges the proposed increase, it will not be possible to enforce the new rent until the outcome of the first-tier tribunal is known. This could delay the rent increase by several months and push back the date for future annual rent reviews as well.
Importantly for renters, the risk attached to challenging rent increases will also be removed. Once implemented, the reforms will require the tribunal to enforce the landlord’s proposed figure or lower.
Therefore, it is unlikely providers will be able to operate a standard rent review date for market rent tenancies and so will need to ensure an effective system for staggered implementation of reviews across market rent stock.
“Training for staff will be crucial, ensuring they understand the different types of housing and how the act applies differently”
The route to regaining possession of a property will also change significantly. Under Section 21, the landlord can currently give the tenant two months’ notice to vacate the property, with no obligation to state the reason why.
However, under the new rules, all landlords will need to rely on one of the grounds for seeking possession, and it could take longer to secure a repossession order through the court system.
Training for staff will be crucial, ensuring they understand the different types of housing and how the act applies differently. Relevant policies and procedures will also need to be updated to reflect the impact of the act and the different implications for different types of stock.
Failure to comply with the provisions of the Act could lead to a breach of tenancy claims, loss of income, fines from local authorities and difficulty regaining possession.
Further implications of failing to comply include potential breaches of the Governance and Financial Viability Standard, funding covenants, reputational issues and, crucially, negative relationships with individual customers.
With so much change on the way, providers need to start reviewing their stock, systems, policies and procedures to ensure they are ready, and that tenants who will or will not be affected can be clearly identified.
Emma Hardman, head of housing, Anthony Collins
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