Enforcing the new tenancy system: A quick guide for Local Authorities

From tomorrow (1st May 2026), new rules under the Renters’ Rights Act 2025 apply to all assured tenancies in England’s private rented sector. Local housing authorities have a legal duty to enforce these provisions. County councils that are not housing authorities may also enforce them in their areas.

This guide covers the key breaches, offences, penalties, and processes. It does not cover all possible violations. You must continue to meet existing obligations that the Act has not changed.

When the measures start

The new restrictions apply to all assured tenancies in the private rented sector from 1 May 2026. Only breaches and offences that happen after this date can be enforced. For assured tenancies of social housing where the landlord is a private registered provider, the restrictions will apply from a later date.

Who the measures apply to

These measures apply to all landlords in England who let properties on assured tenancies. Landlords can use people acting on their behalf (such as letting agents) to meet their duties. Those acting on a landlord’s behalf, or claiming to, can also be held liable. Legal representatives are exempt.

Two types of violation: breaches and offences

Breaches (fine up to £7,000)

You can fine a landlord, agent, or anyone acting on their behalf if they:

• Claim to let the property on a fixed-term tenancy instead of a rolling tenancy (for example, by adding an end date)

• Claim to end a tenancy verbally, or require a tenant to do so

• Fail to give a tenant written notice that a specified possession ground might be used where required by law (e.g., Ground 1B for sale after a rent-to-buy agreement)

• Fail to provide a written statement of terms containing the information required by regulations

• Fail to give existing tenants a copy of the government-published information sheet by 1 June 2026

• Use a possession ground in a section 8 notice, purported notice of possession, or claim form without reasonably believing a court would grant possession on that ground

• Try to end a tenancy using a notice to quit or a purported notice of possession

What counts as a notice to quit or purported notice of possession

A notice to quit is any written document (including texts or WhatsApp messages) that gives a date the tenancy will end or tells the tenant they must leave by a certain date. A purported notice of possession is a document that wrongly claims to be a valid section 8 notice or claims to bring a tenancy to an end without being a valid court document.

Do not take enforcement action for simple mistakes, such as a spelling error, if the notice would otherwise have been valid.

Offences (fine up to £40,000 instead of prosecution)

You can issue a higher penalty if a landlord or agent:

• Relets or remarkets a property within the 12-month restricted period after using possession grounds 1 or 1A, unless an exception applies or they took all reasonable steps not to

• Knowingly or recklessly uses a possession ground without a reasonable belief a court would grant it, and the tenant leaves within 4 months without a court order

• Commits a breach within 5 years of a previous offence or financial penalty that has not been withdrawn

• Continues a breach for more than 28 days after receiving a penalty that is not under appeal

Exceptions to the 12-month restricted period

The restricted period does not apply or ends early if:

• The landlord or a close family member moves in as their only or main home

• A licence to occupy is agreed where the licensee intends to buy or lease for over 21 years

• The new lease is for more than 21 years

• A court orders possession on a ground other than ground 1 or 1A

Enforcement process

1. Investigate – Use complaints, inspections, or other intelligence. Seek evidence from tenants, including text messages, emails, voicemails, or statements.

2. Be satisfied beyond reasonable doubt that a breach or offence has occurred.

3. Issue a notice of intent to fine. The landlord has 28 days from the day after the notice is issued to make written representations.

4. Decide whether to issue a final notice requiring payment.

5. Act promptly – If non-compliance continues or cannot be reversed (e.g., after an illegal eviction), you must issue a penalty or start prosecution where the evidential threshold and public interest test are met.

There is no requirement to issue warning letters before taking formal action. Formal action includes issuing a civil penalty notice or starting prosecution.

Appeals

Landlords or agents may appeal the final notice to the First-tier Tribunal within 28 days of the notice being issued, challenging either the decision to fine or the amount.

Key dates to remember

• 1 May 2026 – New restrictions apply to private rented assured tenancies

• 1 June 2026 – Deadline for giving existing tenants the government information sheet

Enforcement must follow your local policy. Deterrence, punishment, and tenant protection should guide your decisions.