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Statutory Instrument

The Renters’ Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026

Citation
S.I. 2026/421
As at
Sections
11
Section 1Citation and interpretation

(1) These Regulations may be cited as the Renters’ Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026.

(2) In these Regulations—

“ the 1988 Act ” means the Housing Act 1988 ;

“ the 2025 Act ” means the Renters’ Rights Act 2025;

“ assured tenancy ” has the same meaning as in Part 1 of the 1988 Act;

“ existing tenancy ” has the meaning given by section 146(3) of the 2025 Act.

Section 2Provisions about assured tenancies coming into force on 1st May 2026 for assured tenancies that are not social housing assured tenancies

The following provisions of the 2025 Act, in so far as not already in force, come into force on 1st May 2026 for the purposes of assured tenancies that are not social housing assured tenancies only—

(a) Chapter 1 of Part 1 (tenancy reform: assured tenancies), except section 25(3);

(b) Schedule 1 (changes to grounds for possession);

(c) Schedule 2 (amendments relating to Chapter 1 of Part 1).

Section 3Other provisions coming into force on 1st May 2026

The following provisions of the 2025 Act, in so far as not already in force, come into force on 1st May 2026—

(a) section 25(3) (accommodation for homeless people: duties of local authority);

(b) Chapter 3 of Part 1 (discrimination in the rental market: England);

(c) Chapter 6 of Part 1 (stating the proposed rent and rental bidding);

(d) section 58 (penalties for unlawful eviction or harassment of occupier);

(e) section 62 (student accommodation that is not an HMO);

(f) section 74 (Local Commissioners’ investigation of complaints by persons who are not tenants);

(g) section 97 (financial assistance by the Secretary of State);

(h) section 98 (rent repayment orders) except—

(i) subsection (2)(d) (rent repayment orders for offences under sections 67 and 92 of the 2025 Act);

(ii) subsections (5)(a)(i) and (ii) and 6(a)(i) and (ii), so far as they insert references to offences under section 67 of the 2025 Act (offences: landlord redress schemes) and section 92 of that Act (offences: private rented sector database).

(i) section 102 and Schedule 5 (financial penalties) except so far as they relate to section 66 of the 2025 Act (financial penalties: landlord redress schemes) and section 91 of that Act (financial penalties: private rented sector database);

(j) section 103 (rent repayment orders: liability of landlords and superior landlords);

(k) section 104 (rent repayment orders: liability of directors etc) but not paragraph (e) of the definition of “specified offence” in the inserted section 51A(4) of the Housing and Planning Act 2016 ;

(l) section 105 (unlicensed HMOs and houses: offences);

(m) section 106 (service of improvement notices on landlords and licensors);

(n) section 107 (enforcement by local housing authorities: general duty);

(o) section 108 (enforcement by local housing authorities: duty to notify);

(p) section 109 (enforcement by county councils: duty to notify).

Section 4Transitional provision relating to regulation 2: section 22 of the 1988 Act and applications for a determination of rent during the first six months of a tenancy

(1) Paragraph (2) applies to an existing tenancy where, immediately before 1st May 2026—

(a) the tenant is entitled to make an application to the appropriate tribunal under section 22(1) of the 1988 Act (reference of excessive rents to appropriate tribunal) , and

(b) the tenant has not made such an application.

(2) An application made on or after 1st May 2026 to the appropriate tribunal for a determination of rent where no more than six months have elapsed since the beginning of the tenancy or, in the case of a replacement tenancy, the original tenancy, must be made under section 14(A1) of the 1988 Act (determination of open-market rent by tribunal) .

(3) No application may be made under section 14(A1) of the 1988 Act in relation to a tenancy if an application has previously been made in relation to the tenancy under section 22 of the 1988 Act (as that section had effect immediately before 1st May 2026) which was not subsequently withdrawn.

(4) In this regulation, “ original tenancy ” and “ replacement tenancy ” must be construed in accordance with subsections (6) and (7) respectively of section 21 of the 1988 Act (recovery of possession on expiry or termination of assured shorthold tenancy) as they had effect immediately before 1st May 2026.

Section 5Saving provision relating to regulation 2: new possession Ground 1A and legacy assured tenancies

(1) The amendment made to Schedule 2 to the 1988 Act (grounds for possession of dwelling-houses let on assured tenancies) by paragraph 3 of Schedule 1 to the 2025 Act (new ground for sale of dwelling-house) does not apply in relation to a legacy assured tenancy.

(2) In this regulation, “ legacy assured tenancy ” means an assured tenancy which—

(a) is entered into before 1st May 2026, and

(b) is, immediately before 1st May 2026, not an assured shorthold tenancy within the meaning of Part 1 of the 1988 Act as it had effect at that time.

Section 6Transitional provision relating to regulation 2: Ground 4A notice period

(1) This regulation applies if, during the period beginning with 1st May 2026 and ending with 30th July 2026, a landlord under an existing tenancy (or in the case of joint landlords, at least one of the landlords) serves a notice under section 8(2) of the 1988 Act (notice of proceedings for possession) and that notice specifies Ground 4A in Schedule 2 to that Act .

(2) The period specified in the table in section 8(4AA) of the 1988 Act for that notice, in so far as it applies to Ground 4A, has effect as if “two months” were substituted for “four months”.

(3) In this regulation, the term “ landlord ” is to be construed in accordance with section 45 of the 1988 Act (interpretation of Part 1).

Section 7Transitional provision relating to regulation 2: rent increase by rent review clause before 1st May 2026

(1) This regulation applies if paragraph 6 of Schedule 6 to the 2025 Act (application of Chapter 1 of Part 1 to existing tenancies) applies in relation to an increase in rent under an existing tenancy (other than a relevant low-cost tenancy).

(2) A notice served by the landlord under section 13(2) of the 1988 Act (increase of rent under assured tenancies other than relevant low-cost tenancies) on or after 1st May 2026 may not propose a new rent to take effect before the end of the period of 52 weeks beginning with the day on which the increase in rent referred to in paragraph (1) took effect.

(3) In this regulation, “ relevant low-cost tenancy ” has the meaning given by section 13(4C) of the 1988 Act .

Section 8Transitional provision relating to regulation 2: challenge to new rent proposed in a notice under section 13 given before 1st May 2026

(1) This regulation applies where—

(a) before 1st May 2026 the landlord under an existing tenancy has served on the tenant a notice under section 13(2) of 1988 Act proposing a new rent to take effect on or after 1st May 2026, and

(b) immediately before 1st May 2026 condition A or condition B is met.

(2) Condition A is met if all of the following apply—

(a) the tenant has not referred the notice to the appropriate tribunal under section 13(4)(a) of the 1988 Act ,

(b) a referral under that subsection is not time-barred, and

(c) the landlord and tenant have not reached an agreement pursuant to paragraph (b) of that subsection.

(3) Condition B is met if the tenant has referred the notice to the appropriate tribunal under section 13(4)(a) of the 1988 Act but the tribunal has not determined the rent under section 14 of that Act (determination of rent by tribunal) .

(4) Sections 13(4) and 14 of the 1988 Act continue to apply as they had effect immediately before 1st May 2026 in relation to the tenancy, until one of the following occurs—

(a) referral of the notice to the appropriate tribunal has become time-barred,

(b) the appropriate tribunal has determined a rent, or

(c) the landlord and tenant have given written notice to the appropriate tribunal that they no longer require a determination to be made.

(5) For the purposes of paragraphs (2)(b) and (4)(a), a referral is “time-barred” where the notice served under section 13(2) of the 1988 Act has not been referred to the appropriate tribunal by the date specified in the notice as the date on which the new rent will take effect.

Section 9Transitional provision relating to regulation 2: shared owners

In relation to an existing tenancy, section 16F(3)(a) of the 1988 Act (exceptions from letting and marketing prohibitions) has effect as if for the words “before the assured tenancy was entered into” there were substituted “before the end of the period of one month beginning with 1st May 2026” .

Section 10Saving provision relating to regulation 2: homelessness re-application after private rented sector offer

(1) Paragraph (2) applies where, prior to 1st May 2026, an applicant for assistance under Part 7 of the 1996 Act (homelessness: England) accepts an offer under section 193(7AA) of that Act (private rented sector offer) .

(2) The repeal of section 195A of the 1996 Act (duty to offer accommodation following re-application after private sector offer) by section 25(4) of the 2025 Act (accommodation for homeless people: duties of local authority) does not apply.

(3) In this regulation, “ the 1996 Act ” means the Housing Act 1996.

Section 11Transitional provision relating to regulation 3(h), (j) and (k): offences committed before 1st May 2026

The amendments to Chapter 4 of Part 2 of the Housing and Planning Act 2016 (rent repayment orders) made by sections 98, 103 and 104 of the 2025 Act have no effect—

(a) in relation to an offence committed before 1st May 2026; or

(b) where a person commits an offence mentioned in row 3, 4, 5, 6 or 7 of the table in section 40(3) of the Housing and Planning Act 2016 (introduction and key definitions) for a continuous period starting before 1st May 2026 and ending on or after that date, in relation to the period falling before 1st May 2026.

11 sections

Cite this legislation

The Renters’ Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (legislation.gov.uk, OGL v3.0). Retrieved via LawPlayer, https://lawplayer.com/uk/act/uksi-2026-421

Contains public sector information licensed under the Open Government Licence v3.0.

OGL-3

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