UK Tenancy Agreement FAQ: 20 Questions Under RRA 2025

The Renters’ Rights Act 2025 reshapes the English private rented sector from 1 May 2026. This FAQ answers the 20 questions Scrib🐮 hears most often from landlords and tenants navigating the new Assured Periodic Tenancy (APT) regime.

1. Can I still offer a 12-month fixed-term tenancy after 1 May 2026?

No. The fixed-term assured tenancy is abolished by Renters’ Rights Act 2025, s.1. The only structure is the Assured Periodic Tenancy (APT). The period cannot be longer than one month.

2. What happens to my existing AST on 1 May 2026?

It converts automatically to an APT. The fixed term, if any, ends; Section 21 ceases to be available; new tenant rights apply. Schedule 1 to RRA 2025 contains the conversion provisions. Statute: https://www.legislation.gov.uk/ukpga/2025/26/contents.

3. Do I need to serve any document during the transition?

Yes. Between 1 May 2026 and 31 May 2026, every existing landlord must give every named tenant a written Information Sheet explaining the new APT regime. Government publication: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026.

4. Can a tenant still give 1 month’s notice to end the tenancy?

No — a tenant must now give 2 months’ written notice. This is a change from the old common-law rule of one rental period.

5. How does a landlord end an APT?

Only by serving a Section 8 notice citing one or more grounds in the revised Schedule 2 to the Housing Act 1988. There are 37 grounds; the most common are Ground 1 (move-in), Ground 1A (sale), Ground 6 (redevelopment), and Ground 8 (3+ months rent arrears). Section 21 is abolished from 1 May 2026.

6. What is the new threshold for mandatory possession on rent arrears?

3 months (or 13 weeks if rent is paid weekly/fortnightly), at both the date of notice and the date of hearing. This is up from 2 months / 8 weeks under the old regime. Notice period: 4 weeks.

7. What is the deposit cap?

5 weeks’ rent if annual rent < £50,000; 6 weeks’ rent if annual rent ≥ £50,000. Set by the Tenant Fees Act 2019, Schedule 1. Unchanged by RRA 2025. Statute: https://www.legislation.gov.uk/ukpga/2019/4/contents.

8. Within how many days must a deposit be protected?

30 calendar days from receipt. Under Housing Act 2004, s.213, the deposit must be protected in an authorised scheme (DPS, MyDeposits, or TDS) and the Prescribed Information served on the tenant within the same 30 days. Penalty for non-compliance: 1× to 3× the deposit.

9. Can I refuse a tenant’s request to keep a pet?

Only on reasonable grounds. The RRA 2025 introduces a new statutory right for tenants to request to keep a pet. The landlord may not unreasonably refuse consent. Reasonable grounds may include: head-lease prohibition, unsuitability of the property, allergies in shared accommodation. Document the reason for any refusal.

10. Can I demand a separate pet deposit?

No. The 5/6 weeks deposit cap is the absolute ceiling. Pet damage is addressed through pet damage insurance (paid by the tenant) or a small surcharge added to rent — not a separate deposit.

11. Can I include a clause increasing rent annually by RPI + 2%?

No. Contractual rent escalators are unenforceable under RRA 2025. The only lawful route to a rent increase is a Section 13 notice under Housing Act 1988 — once every 12 months at most, with 2 months’ notice. The tenant may challenge any increase at the First-tier Tribunal (Property Chamber): https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber.

12. Is there a maximum percentage for a Section 13 rent increase?

No statutory cap. But two practical limits: (a) frequency — once every 12 months; (b) the tenant may apply to the First-tier Tribunal which sets the rent at open-market level. Excessive increases are routinely reduced by the Tribunal.

13. What pre-tenancy documents must I give the tenant?

The “pre-tenancy pack”:

• How to Rent guide (current version) — https://www.gov.uk/government/publications/how-to-rent
• Energy Performance Certificate (EPC), band E or above
• Gas Safety Certificate (CP12) — if any gas appliance
• Electrical Installation Condition Report (EICR) — every 5 years
• Smoke and CO alarm declaration
• Tenant Fees Act 2019 prohibitions notice

Failure restricts certain Section 8 grounds.

14. Do I need to do a right-to-rent check?

Yes, before the tenancy begins. Under the Immigration Act 2014, the landlord (or agent) must verify that all adult occupiers have a right to rent. Use the Home Office digital share-code service for non-British/non-Irish citizens: https://www.gov.uk/landlord-immigration-check.

15. What is the EPC requirement?

The property must have a valid EPC of band E or above before marketing. Some exempt properties may be registered on the PRS Exemptions Register. EPCs are valid for 10 years. Information: https://www.gov.uk/buy-sell-your-home/energy-performance-certificates.

16. Do I need a gas safety certificate?

Yes, if there is any gas appliance in the property. Annual inspection by a Gas Safe registered engineer; the CP12 certificate must be given to the tenant before they move in (and within 28 days of subsequent inspections). Required by the Gas Safety (Installation and Use) Regulations 1998.

17. What is selective licensing?

A licensing scheme designated by a local council under Housing Act 2004, Part 3. In a designated area, all private lettings require a licence. Failure to obtain one is a criminal offence and triggers a Rent Repayment Order (up to 12 months’ rent repayable to the tenant). Check the council’s licensing register before letting.

18. Can I evict by changing the locks if the tenant has stopped paying rent?

No — never. Self-help eviction is a criminal offence under the Protection from Eviction Act 1977. The landlord must always obtain a court order. Statute: https://www.legislation.gov.uk/ukpga/1977/43/contents.

19. Can a tenant sub-let on Airbnb under an APT?

Not without the landlord’s written consent. Many head-leases prohibit short-term lets, in which case the landlord cannot lawfully consent. Unauthorised short-term letting is a discretionary ground for possession (Ground 12 — breach of obligation). Local short-term-let licensing schemes (e.g. London 90-day rule) may also apply.

20. Can MmowW Scrib🐮 file my Section 8 notice or Section 13 notice for me?

No. Scrib🐮 prepares the documents to a government-compliant standard. The landlord serves the notice directly on the tenant and, if necessary, files possession proceedings in the County Court using the Possession Claim Online service: https://www.gov.uk/possession-claim-online-recover-property. MmowW is operated by a licensed Gyoseishoshi (行政書士) office in Japan and is not a UK solicitor or barrister.

Bonus — Three Things to Diary

A. Conversion date. 1 May 2026 — every existing AST converts to an APT.

B. Information Sheet window. 1–31 May 2026 — serve every existing tenant.

C. Annual safety calendar. Gas Safety annual; EICR every 5 years; EPC every 10 years; smoke/CO alarms tested at start of every tenancy.

Conclusion

The new APT regime under the Renters’ Rights Act 2025 is more procedurally exact for landlords and more protective for tenants. The combination of mandatory Information Sheet, abolition of Section 21, reformed Schedule 2 grounds, and continued deposit cap is workable — but requires updated documents and disciplined practice. Templates from before 1 May 2026 will not be lawful for new lettings on or after that date.

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Disclaimer

This article provides legal information, not legal advice. MmowW Scrib🐮 is a document preparation service operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not solicitors, barristers, or attorneys.

Sources

1. Renters’ Rights Act 2025: https://www.legislation.gov.uk/ukpga/2025/26/contents
2. Housing Act 1988 (as amended): https://www.legislation.gov.uk/ukpga/1988/50/contents
3. Tenant Fees Act 2019: https://www.legislation.gov.uk/ukpga/2019/4/contents
4. RRA Information Sheet 2026: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026
5. Tenancy deposit protection: https://www.gov.uk/tenancy-deposit-protection