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This is the original version (as it was originally made). This item of legislation is currently only available in its original format.

This Statutory Instrument is made partly in consequence of defects contained in S.I. 2012/696 and S.I. 2013/1036 and is being issued free of charge to all known recipients of those Statutory Instruments

Statutory Instruments

2026 No. 325

LANDLORD AND TENANT, ENGLAND

HOUSING, ENGLAND

The Renters’ Rights Act 2025 (Consequential Amendments) and Tenancies (Miscellaneous Amendments) (England) Regulations 2026

Made

18th March 2026

Laid before Parliament

20th March 2026

Coming into force

1st May 2026

The Secretary of State makes these Regulations in exercise of the powers conferred by section 42A(1) of the Housing Act 1988(1), section 180(2A) of the Housing and Regeneration Act 2008(2), section 158(10) of the Localism Act 2011(3) and section 143(1), (2) and (3) of the Renters’ Rights Act 2025(4).

Citation, commencement, extent, application and interpretation

1. —(1) These Regulations may be cited as the Renters’ Rights Act 2025 (Consequential Amendments) and Tenancies (Miscellaneous Amendments) (England) Regulations 2026 and come into force on 1st May 2026.

(2) These Regulations extend to England and Wales.

(3) The amendments made by regulations 2(2)(d) and (e) and 2(3), 3, 5, 7, 10 and 11 apply only in relation to private assured tenancies.

(4) In these Regulations—

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

“ assured tenancy ” has the meaning given in section 1 of the Housing Act 1988(5);

“ private assured tenancy ” means an assured tenancy which is not a social housing assured tenancy within the meaning given by section 145(8) of the 2025 Act.

Amendment of the Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988

1. —(1) The Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988(6) is amended as follows.

(2) In article 2—

(a) after “rent assessment committee for an area” insert “or the First-tier Tribunal”;

(b) omit “on an application”;

(c) for “13(4)” substitute “14”;

(d) omit “or 22(1)”;

(e) omit the words from “or are precluded” to the end.

(3) In the Schedule (specified information), in paragraph 11, omit the words from “, or, in a case where” to the end.

Amendment of the Long Residential Tenancies (Principal Forms) Regulations 1997

1. In the Schedule to the Long Residential Tenancies (Principal Forms) Regulations 1997(7) (prescribed forms)—

(a) in Form 2 (landlord's notice terminating long residential tenancy and seeking possession), in Note 12, under the heading “Schedule 2 to the Housing Act 1988” and after the paragraph which begins with “Ground 15” insert the following paragraph—

“ Ground 18: tenant of supported accommodation not engaging with support services ”;

(b) in Form 3 (landlord's notice proposing an interim monthly rent after notice terminating long residential tenancy), in Note 5, in the first paragraph (c)—

(i) for “a non-shorthold” substitute “an”;

(ii) for “5” substitute “5H”;

(c) in Form 4 (tenant's notice proposing different terms or rent for an assured tenancy or periodic standard contract), in Note 4, in paragraph (b)—

(i) for “a non-shorthold” substitute “an”;

(ii) for “5” substitute “5H”;

(d) in Form 5 (landlord's application referring tenant's notice proposing different terms or rent for a proposed assured tenancy or periodic standard contract to a tribunal)—

(i) in Note 2, in paragraph (b)—

(aa) for “a non-shorthold” substitute “an”;

(bb) for “5” substitute “5H”;

(ii) in Note 3, in paragraph (b)—

(aa) for “a non-shorthold” substitute “an”;

(bb) for “5” substitute “5H”.

Amendment of the Representation of the People (England and Wales) Regulations 2001

1. In regulation 32ZBF(2)(d) of the Representation of the People (England and Wales) Regulations 2001(8) (annual canvass in respect of particular types of property), after “paragraph” insert “3A or”.

Amendment of the Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003

1. In regulation 12(2) of the Council Tax (Prescribed Classes of Dwellings) (England) Regulations 2003(9) (Class H), at the end insert “or an assured tenancy (within the meaning given in section 1 of the Housing Act 1988)”.

Amendment of the Selective Licensing of Houses (Specified Exemptions) (England) Order 2006

1. In regulation 2(1)(d)(ii) of the Selective Licensing of Houses (Specified Exemptions) (England) Order 2006(10) (exempt tenancies or licences for the purposes of Part 3 of the Housing Act 2004)—

(a) for “4(1)” substitute “3A”;

(b) after “students” insert “: England”.

Amendment of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007

1. In article 2(1)(c) of the Housing (Tenancy Deposits) (Prescribed Information) Order 2007(11) (prescribed information relating to tenancy deposits), for “shorthold” substitute “assured”.

Amendment to the Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012

1. —(1) The Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012(12) are amended as follows.

(2) In regulation 1 (citation etc.), the existing text of paragraph (a) becomes paragraph (2).

(3) In regulation 2(1) (interpretation)—

(a) the existing text of paragraph (1) becomes an unnumbered paragraph (but the sub-paragraphs within that paragraph retain their current formatting);

(b) in the definition of “Affordable Rent”—

(i) omit paragraph (a) (and the “but” which follows it);

(ii) in paragraph (b), for the words from “standard” to “Act”, substitute “rent standard”;

(c) in the definition of “Intermediate Rent”—

(i) in the opening words, after “tenancy” insert “, or a private assured tenancy,”;

(ii) for paragraph (a) (but not the “but” which follows it), substitute—

“ (a) is not regulated under a rent standard, ”;

(d) in the definition of “Mortgage Rescue Rent”—

(i) in the opening words, after “years” insert “, or a private assured tenancy,”;

(ii) in paragraph (a), omit “of social housing”;

(iii) in paragraph (b), omit “is not included in the National Rent Regime, but”;

(e) omit the definition of “National Rent Regime”;

(f) before the definition of “private registered provider” insert—

“ “ private assured tenancy ” means an assured tenancy which is not a social housing assured tenancy within the meaning given by section 145(8) of the Renters’ Rights Act 2025; ”;

(g) before the definition of “shared ownership rent” insert—

“ “ rent standard ” means a standard controlling rents set by the Regulator of Social Housing under section 194(2A) of the 2008 Act (13); ”.

(4) In regulation 3 (exclusions from transfer of tenancy provisions)—

(a) in the heading, omit “shorthold”;

(b) in paragraph (c), after “shorthold tenancy” insert “, or a private assured tenancy,”;

(c) in the closing words, for the words “assured shorthold tenancies of those kinds” substitute “such tenancies”.

(5) In regulation 4 (exclusions from the Right to Acquire)—

(a) in the heading, omit “shorthold”;

(b) in paragraph (c), after “shorthold tenancy” insert “, or a private assured tenancy,”;

(c) in the closing words, for the words from “assured shorthold tenancies of those descriptions” substitute “such tenancies”.

Amendment of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015

1. In regulation 9(1)(c)(i) of the Energy Efficiency (Private Rented Property) (England and Wales) Regulations 2015(14) (consent to relevant energy efficiency improvements), omit “or section 21”.

Revocation of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015

1. The Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015(15) are revoked.

Amendment of the Smoke and Carbon Monoxide Alarm (England) Regulations 2015

1. In regulation 4(4) of the Smoke and Carbon Monoxide (England) Regulations 2015(16) (duties of relevant landlord in relation to prescribed alarms)—

(a) in the definition of “new tenancy”, omit paragraph (b);

(b) omit the definition of “shorthold tenancy” and the “and” preceding it.

Savings provisions

1. —(1) The amendment made by regulation 9 does not apply to a private assured tenancy to which—

(a) paragraph 3 of Schedule 6 to the 2025 Act applies, until the possession proceedings referred to in that paragraph are concluded;

(b) paragraph 4 of Schedule 6 to the 2025 Act applies, until the notice under section 21 of the 1988 Act(17) ceases to be valid by virtue of sub-paragraph (3) of that paragraph;

(c) paragraph 16 of Schedule 6 to the 2025 Act applies, until the possession proceedings referred to in that paragraph are concluded including where there is a delay to the conclusion of those proceedings due to operation of regulation 8 or 9 of the Breathing Space Regulations;

(d) paragraph 17 of Schedule 6 to the 2025 Act applies, until the notice under section 8 of the 1988 Act ceases to be valid by virtue of sub-paragraph (2) of that paragraph including where that notice ceases to be valid following an extension to the applicable period in paragraph 17 due to operation of regulation 8 or 9 of the Breathing Space Regulations.

(2) Notwithstanding the revocation made by regulation 10, regulations 2 and 3 of the Assured Shorthold Tenancy Notices and Prescribed Requirements (England) Regulations 2015 continue to apply, as they had effect immediately before the date on which the revocation comes into force, to a private assured tenancy to which—

(a) paragraph 16 of Schedule 6 to the 2025 Act applies, until the possession proceedings referred to in that paragraph are concluded including where there is a delay to the conclusion of those proceedings due to operation of regulation 8 or 9 of the Breathing Space Regulations;

(b) paragraph 17 of Schedule 6 to the 2025 Act applies, until the notice under section 8 of the 1988 Act ceases to be valid by virtue of sub-paragraph (2) of that paragraph including where that notice ceases to be valid following an extension to the applicable period in paragraph 17 due to operation of regulation 8 or 9 of the Breathing Space Regulations.

(3) In this regulation, “ Breathing Space Regulations ” means the Debt Respite Scheme (Breathing Space Moratorium and Mental Health Crisis Moratorium) (England and Wales) Regulations 2020(18).

Signed by authority of the Secretary of State for Housing, Communities and Local Government

Matthew Pennycook

Minister of State

18th March 2026

Ministry of Housing, Communities and Local Government

Explanatory Note

(This note is not part of the Regulations)

These Regulations make amendments to secondary legislation in consequence of the coming into force of Chapter 1 of Part 1 of the Renters’ Rights Act 2025 (c. 26) (“ the 2025 Act ”) for the private rented sector, and section 62 of the 2025 Act. These Regulations also make minor miscellaneous amendments to the Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988 (S.I. 1988/2199), the Long Residential Tenancies (Principal Forms) Regulations 1997 (S.I. 1997/3008) and the Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 (S.I. 2012/696).

Regulations 2, 3, 5, 7, 9, 10 and 11 amend or revoke secondary legislation for the private rented sector only to account for changes made by Chapter 1 of Part 1 of the 2025 Act. Chapter 1 of Part 1 of the 2025 Act makes various changes to the Housing Act 1988 (c. 50), including by abolishing shorthold tenancies, so that all tenancies under that Act will now be assured tenancies, and by abolishing evictions under section 21 (also known as no fault evictions).

Regulation 2 also updates the Assured Tenancies and Agricultural Occupancies (Rent Information) Order 1988 to make minor changes to the drafting and to insert a reference to the First-tier Tribunal.

Regulations 4 and 6 make amendments to secondary legislation consequential on section 62 of the 2025 Act. Section 62 makes changes to Schedule 14 to the Housing Act 2004 (c. 34) as regards student accommodation that is not a house in multiple occupation.

Regulation 8 makes both consequential and miscellaneous amendments to the Transfer of Tenancies and Right to Acquire (Exclusion) Regulations 2012 (S.I. 2012/696). The consequential amendments ensure that those assured shorthold tenancies currently exempt from mutual exchange and/or the right to acquire because the rent payable is intermediate rent, mortgage rescue rent or shared ownership rent continue to be exempt when they become assured tenancies. Regulation 8 also updates the definitions of affordable rent, intermediate rent and mortgage rescue rent and makes some minor and technical changes to the drafting. The updated definitions are relevant to private and social housing assured tenancies.

Regulation 12 makes savings provisions to provide that the changes made by regulations 9 and 10 do not apply where certain transitional provisions in Schedule 6 to the 2025 Act apply (relating to where certain possession proceedings had begun before commencement).

An impact assessment has not been prepared for this instrument as a full assessment was produced in relation to the 2025 Act. Copies can be obtained at https://publications.parliament.uk/pa/bills/cbill/59-01/0127/amend/RentersRightsBill-IA.pdf or from the Ministry of Housing, Communities and Local Government at 2 Marsham Street, London, SW1P 4DF.

(1) 1988 c. 50. Section 42A was inserted by S.I. 2013/1036.

(2) 2008 c. 17. Subsection (2A) was inserted by section 165(3) of the Localism Act 2011 (c. 20) and is amended by paragraph 68 of Schedule 2 to the Renters’ Rights Act 2025.

(3) 2011 c. 20. Section 158(10) is amended by paragraph 72 of Schedule 2 to the Renters’ Rights Act 2025.

(4) 2025 c. 26.

(5) 1988 c. 50. Section 1 is amended by S.I. 1990/434, Part 8 of Schedule 19 to the Housing Act 1996 (c. 52), paragraph 4 of the Schedule to the Prevention of Social Housing Fraud Act 2013 (c. 3), S.I. 2022/1166, and paragraph 21 of Schedule 2 to the Renters’ Rights Act 2025.

(6) S.I. 1988/2199. Relevant amending instruments are S.I. 1990/1474 and S.I. 2013/1036.

(7) S.I. 1997/3008. Relevant amending instruments are S.I. 2010/671, S.I. 2013/1036 and S.I. 2022/907.

(8) S.I. 2001/341. Relevant amending instrument is S.I. 2019/1451.

(9) S.I. 2003/3011. Regulation 12 was inserted by S.I. 2024/1007 and amended by S.I. 2025/8.

(10) S.I. 2006/370. There are amendments but none are relevant.

(11) S.I. 2007/797. Relevant amending instrument is S.I. 2022/250.

(12) S.I. 2012/696.

(13) “the 2008 Act” is defined in regulation 2 of S.I. 2012/696. Paragraph (2A) of section 194 was inserted by paragraph 5(5) of Schedule 17 to the Localism Act 2011.

(14) S.I. 2015/962. There are amendments but none are relevant.

(15) S.I. 2015/1646. Relevant amending instrument is S.I. 2015/1725.

(16) S.I. 2015/1693. Relevant amendments are made by S.I. 2022/707.

(17) See section 137 of the 2025 Act for the definition of “the 1988 Act”.

(18) S.I. 2022/1311.

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