Legal requirements for landlords in 2026

2026 is one of the most significant years for landlord legislation in a generation. The Renters' Rights Act 2025 has reshaped the fundamentals of tenancy law, Awaab's Law is being extended to the private rented sector, and energy efficiency requirements are tightening on the horizon. This guide covers every legal obligation private landlords in England and Wales need to be across — and what to do about the ones still being finalised.

The Renters' Rights Act 2025: what changed

The Renters' Rights Act 2025 is the most wide-ranging reform to the private rented sector (PRS) since the Housing Act 1988. Its headline changes came into force on a phased basis. The key provisions are:

Section 21 abolished

The “no-fault” eviction route under Section 21 of the Housing Act 1988 has been abolished. Landlords can no longer serve a Section 21 notice to recover possession without giving a reason. All possession claims must now proceed under Section 8, using one of the statutory grounds.

The Act introduced several new and strengthened Section 8 grounds to reflect this change:

• Ground 1 (Landlord moving in) — the landlord or a close family member intends to live in the property as their principal home. Four months' notice required; cannot be used within the first 12 months of a tenancy.
• Ground 1A (Sale of property) — the landlord intends to sell. Four months' notice; cannot be used within the first 12 months.
• Ground 6A (Compliance with legislation) — possession is necessary because continued occupation would breach a legal requirement (for example, a planning condition).
• Mandatory grounds for serious rent arrears — thresholds and notice periods have been adjusted; specialist legal advice is recommended before serving.

If you manage your own tenancies without a letting agent, now is a good time to review your Section 8 grounds, notice periods, and the court process. The abolition of Section 21 means possession takes longer and depends entirely on the strength of the ground you rely on.

Fixed-term tenancies replaced

The Act converts virtually all new assured tenancies to periodic tenancies (rolling month-to-month or week-to-week) from the outset. Fixed-term assured shorthold tenancies can no longer be created for new tenancies. Existing fixed terms continue until they expire, after which the tenancy becomes periodic.

This means rent increases can only be made once per year, using a prescribed notice process (a Section 13 notice). Landlords cannot include rent-review clauses in tenancy agreements that increase rent more frequently than annually.

Decent Homes Standard extended to the PRS

Local authorities now have powers to enforce the Decent Homes Standard in the private rented sector for the first time. A decent home must: be free from the most serious (Category 1) hazards under the Housing Health and Safety Rating System (HHSRS); be in a reasonable state of repair; have reasonably modern facilities and services; and provide a reasonable degree of thermal comfort.

Councils can issue improvement notices and carry out works in default if landlords fail to comply.

Awaab's Law: extension to the private rented sector

Awaab's Law was originally introduced for social housing landlords under the Social Housing (Regulation) Act 2023, following the death of two-year-old Awaab Ishak from prolonged exposure to mould in a social housing property. The Renters' Rights Act 2025 extends equivalent obligations to private landlords.

The precise investigation and repair timescales for the PRS are set by secondary regulations. As of May 2026, those regulations had not yet been laid. The government has indicated that the expected framework will require landlords to:

• Investigate a reported hazard (including damp and mould) within 14 days of the report (expected)
• Begin repair work within 7 days where an emergency hazard is identified (expected)
• Complete all repair work within a reasonable timeframe set by the regulations (to be confirmed)

Until the secondary regulations are in force, landlords should treat these as best-practice timescales. Failing to respond promptly to reports of damp, mould, or other hazards will in any event constitute a breach of the implied repairing covenant under Section 11 of the Landlord and Tenant Act 1985, and may attract HHSRS enforcement action.

EPC requirements: direction of travel for 2028 and 2030

The government has confirmed its policy intention to raise the minimum Energy Performance Certificate (EPC) rating for privately rented properties to EPC C. The proposed timetable is:

The 2028 and 2030 dates depend on regulations being made, likely under energy efficiency legislation currently progressing through Parliament. They are not yet law. However, the capital investment required to upgrade older properties to EPC C can be substantial — upgrading insulation, heating systems, and glazing takes time and contractor availability. Landlords with EPC D and E properties should model upgrade costs now rather than waiting for the regulations to be confirmed.

The current minimum standard — EPC E — remains in force. Letting a property below EPC E (without an exemption) is unlawful under the Minimum Energy Efficiency Standards (MEES) Regulations 2018 and can result in a civil penalty of up to £30,000 per property.

The private rented sector database (landlord registration)

The Renters' Rights Act 2025 establishes a new Private Rented Sector Database — effectively a national register of landlords and their properties. Landlords will be required to register, and tenants and local authorities will be able to check a property's status.

The database is due to commence later in 2026, subject to the Secretary of State making commencement regulations. The precise registration requirements, fees, and timescales for compliance had not been confirmed at the time of writing. Landlords should monitor GOV.UK and the NRLA (National Residential Landlords Association) for commencement announcements.

Operating a tenancy without registering — once the database is live — is expected to be a criminal offence, and will also prevent landlords from serving a valid Section 8 notice.

Ongoing safety obligations: what you must have in place now

The following obligations are already in force and apply to most private lettings in England and Wales. They are not new in 2026, but remain among the most common areas of non-compliance.

Gas Safety Certificate (annual)

Every landlord with a gas supply must arrange an annual gas safety check by a Gas Safe registered engineer. The resulting Gas Safety Record (CP12) must be given to existing tenants within 28 days of the check, and to new tenants before they move in. A copy must be retained for two years.

Failure to comply is a criminal offence under the Gas Safety (Installation and Use) Regulations 1998 and can result in unlimited fines and up to two years' imprisonment.

Electrical Installation Condition Report (every 5 years)

Private landlords in England must have the electrical installation inspected and tested by a qualified person at least every five years. The Electrical Installation Condition Report (EICR) must be provided to tenants within 28 days of the inspection and to new tenants before they move in. If the report identifies required remedial work (a C1 or C2 classification), it must be completed within 28 days (or sooner if specified).

Smoke and carbon monoxide alarms

Under the Smoke and Carbon Monoxide Alarm (Amendment) Regulations 2022:

• A smoke alarm must be fitted on every storey used as living accommodation
• A carbon monoxide alarm must be fitted in any room with a fixed combustion appliance (including gas boilers — not just open fires)
• Alarms must be tested and confirmed working at the start of each tenancy
• Landlords must repair or replace faulty alarms promptly when notified by a tenant

Fire safety in Houses in Multiple Occupation (HMOs)

HMOs are subject to additional fire safety requirements, including fire doors, emergency lighting, and fire detection systems that go beyond those required in single-let properties. A mandatory HMO licence is required for any HMO with five or more tenants forming two or more households. Many local authorities also operate additional licensing schemes covering smaller HMOs — check your council's website.

Deposit protection

Any tenancy deposit taken on an assured shorthold tenancy must be protected in a government-approved Tenancy Deposit Scheme (TDS, DPS, or MyDeposits) within 30 days of receipt. The tenant must also receive the Prescribed Information about the scheme within the same 30-day window.

Failure to protect a deposit — or to serve the Prescribed Information correctly — means you cannot serve a valid Section 8 notice on certain grounds, and the tenant can apply to court for a penalty of one to three times the deposit amount.

The maximum deposit is capped at five weeks' rent (for annual rents below £50,000) under the Tenant Fees Act 2019.

Right to Rent checks

Landlords (and letting agents acting on their behalf) must check that every adult occupant has the right to rent in England before the tenancy begins. The check involves verifying identity documents or using the Home Office online checking service. Landlords must:

• Check documents before the tenancy starts
• Copy and retain documents for the duration of the tenancy plus one year
• For time-limited right to rent, carry out a follow-up check when the tenant's leave expires

Renting to someone without the right to rent can result in an unlimited civil penalty. Knowingly renting to someone without the right to rent is a criminal offence.

Providing required documents to tenants

At the start of an assured shorthold tenancy, landlords are legally required to provide tenants with:

• A copy of the government's How to Rent guide (the current version — providing an out-of-date version does not satisfy the obligation)
• The gas safety record (if applicable)
• The energy performance certificate
• The EICR (electrical inspection report)
• Deposit protection Prescribed Information (within 30 days)

Failure to provide the How to Rent guide in its current form means you cannot serve a valid Section 21 notice — though with Section 21 now abolished, this is less critical than before. Failure to provide certain prescribed documents may still affect your ability to use specific Section 8 grounds.

Protecting your rental portfolio: estate planning for landlords

Managing compliance is one half of landlord risk management. The other half is making sure that if something happens to you, your property portfolio passes to the right people — quickly, with minimal disruption to tenants and minimal cost.

Without a valid will, your rental properties pass under the Intestacy Rules — a fixed legal hierarchy that ignores your actual wishes. A buy-to-let portfolio passing to the wrong relative, or getting stuck in contested probate for 18 months while tenancies continue to generate rental income (and obligations), is an avoidable disaster.

There is one additional consideration specific to landlords who co-own investment properties: the way you hold the property matters. If you own a buy-to-let as joint tenants, your share passes automatically to the surviving co-owner on your death — regardless of what your will says. This is the right of survivorship. If you want your share to go to your children, a spouse, or another beneficiary instead, you must first convert to tenants in common by serving a Notice of Severance.

WillSafe's Property Tenancy Severance Pack includes the Notice of Severance template, covering letter, and Land Registry guidance needed to make that change correctly — specifically designed for property investors co-owning buy-to-let properties.

FAQ: Legal requirements for landlords 2026