Renters’ Rights Act becomes law in England – here are six things to do before renting a property privately

The Renters’ Rights Act^[1] has become law. This new legislation is intended to improve the experience of private renting in England by providing tenants with increased security and stability. Measures include abolishing Section 21 “no fault” evictions, enabling tenants^[2] to challenge poor practice and unfair rent increases without fear of eviction.

With private renting now accounting for 19% of UK households in England^[3] – double the share it was in the early 2000s – the pressures facing tenants have never been greater.

Read more: How new renters' rights could drive landlords out of the market^[4]

Recent figures suggest 21 people^[5] are competing for each rental property, with average monthly private rents rising by 5.8%^[6] to £1,403 in August 2025. At the same time, there is an exodus from the rental market by private landlords^[7], with 31% of landlords reported as reducing the size of their rental portfolio by 2026, and 16% planning to sell all of their properties. This is intensifying demand for rental properties.

In such a competitive market, tenants often take on properties in haste, without fully understanding their rights or the responsibilities of their landlords. Yet the legal landscape is complex, with a raft of existing and forthcoming regulations. Some landlords struggle to keep up with their obligations, creating risks for tenants who simply need somewhere to live.

Here are the steps you should take before signing a tenancy agreement in England:

1. Check you can – and can afford to – rent

The government suggests that rent should be 30% or less of gross income^[8], or 35% of take-home pay^[9]. You should also ensure that you have evidence of the right to rent^[10], if required.

2. Ensure you know who your landlord is

They could be a letting agency, a private landlord or a company. Letting agencies should all be part of a redress scheme and you should check that they are members of a client money protection scheme. A private landlord, or company, should be asked to provide proof of ownership to avoid online rental fraud. You can check ownership with the Land Registry^[11].

3. Check the terms of the tenancy agreement

The most common form of tenancy agreement is currently the assured shorthold tenancy^[12], which lasts for a fixed period (usually six or 12 months). You may also have a periodic or rolling tenancy. The two will have different notice periods if you want to end your tenancy.

Check the start and end dates of the tenancy, landlord and tenant names, property address, level of rent, rent reviews and any additional bills you are responsible for.

4. Look out for fees

Do not pay fees for credit checks or setting up a tenancy agreement. You may wish to pay a refundable holding deposit which should not exceed one week’s rent. All other fees are banned^[13]. This is different to the security deposit that will be held by a government approved provider. The refundable holding deposit will normally be credited against your first month’s rent.

Request details of the tenancy deposit scheme before paying any money. Your deposit is only protected if held by a government-approved provider^[14]. The maximum deposit the landlord can ask for is capped, in most cases, at five weeks’ rent^[15].

5. Request documents

Ask for a copy of the How to Rent guide^[17], a gas safety certificate^[18] (if relevant) and the energy performance certificate^[19]. The landlord is legally required to produce these documents. You should also be given a copy of your signed tenancy agreement.

6. Check the condition of the property thoroughly

Ask for an inventory^[20] which records the contents and condition of the property. Arrange to inspect the property with the landlord, to ensure that you have agreed the inventory, then both sign it. Take time-stamped photographs if there are areas of disagreement.

Ensure there are working smoke and carbon monoxide alarms^[21] and that you are given an electrical installation condition report^[22] before you move in.

Your landlord, or their agent, must always be your first point of contact. You should keep a detailed record of any requests or complaints made, and the response received. If problems persist, there are a range of organisations that can provide help, advice, or resolution, depending on the nature of the dispute. These include Shelter^[23], Citizens Advice^[24], Civil Legal Advice^[25], National Trading Standards^[26], the property ombudsman^[27], the Property Redress Scheme,^[28], the first-tier property tribunal^[29] and your local authority environmental health departments.

These bodies will advise on, or implement, penalties which are wide ranging, and depend on the intention, severity and repetition of offences. Currently, these may include ordering the landlord to carry out work by way of an improvement or prohibition notice^[30], fines of up to £30,000^[31], imprisonment for up to two years^[32] and rent repayment orders^[33] of up to one year’s rent.

Whether a new tenant or an existing tenant, it has never been more important to be fully informed and to keep abreast of new developments in the law. Although we cannot predict the full impact of the new legislation, there is no doubt that penalties for landlords will increase. All tenants, however long they have been renting, are able to obtain compensation for poor performance by the “rogues and chancers”^[34] that undermine good landlords.

References

1. ^{^} Renters’ Rights Act (www.gov.uk)
2. ^{^} tenants (theconversation.com)
3. ^{^} 19% of UK households in England (www.gov.uk)
4. ^{^} How new renters' rights could drive landlords out of the market (theconversation.com)
5. ^{^} 21 people (www.zoopla.co.uk)
6. ^{^} private rents rising by 5.8% (www.ons.gov.uk)
7. ^{^} exodus from the rental market by private landlords (www.gov.uk)
8. ^{^} 30% or less of gross income (www.ons.gov.uk)
9. ^{^} 35% of take-home pay (assets.publishing.service.gov.uk)
10. ^{^} right to rent (www.gov.uk)
11. ^{^} Land Registry (search.uklandregistryonline.org.uk)
12. ^{^} assured shorthold tenancy (www.gov.uk)
13. ^{^} banned (www.gov.uk)
14. ^{^} government-approved provider (www.gov.uk)
15. ^{^} five weeks’ rent (www.gov.uk)
16. ^{^} I Wei Huang/Shutterstock (www.shutterstock.com)
17. ^{^} How to Rent guide (assets.publishing.service.gov.uk)
18. ^{^} gas safety certificate (www.gassaferegister.co.uk)
19. ^{^} energy performance certificate (www.gov.uk)
20. ^{^} inventory (www.nrla.org.uk)
21. ^{^} smoke and carbon monoxide alarms (www.gov.uk)
22. ^{^} electrical installation condition report (www.gov.uk)
23. ^{^} Shelter (www.shelter.org.uk)
24. ^{^} Citizens Advice (www.citizensadvice.org.uk)
25. ^{^} Civil Legal Advice (www.gov.uk)
26. ^{^} National Trading Standards (www.nationaltradingstandards.uk)
27. ^{^} the property ombudsman (www.tpos.co.uk)
28. ^{^} the Property Redress Scheme, (www.propertyredress.co.uk)
29. ^{^} first-tier property tribunal (www.judiciary.uk)
30. ^{^} improvement or prohibition notice (assets.publishing.service.gov.uk)
31. ^{^} fines of up to £30,000 (www.gov.uk)
32. ^{^} imprisonment for up to two years (www.gov.uk)
33. ^{^} rent repayment orders (www.gov.uk)
34. ^{^} “rogues and chancers” (www.gov.uk)