Renters Rights Act: Landlord Mistakes We’re Already Seeing

21st May 2026

The Renters’ Rights Act is now in force, and we’re already seeing landlords caught out by the new rules.

From possession notices and rent increases to compliance paperwork and audit trails, the legislation has fundamentally changed how rental properties need to be managed. Many landlords are still operating as though the old system exists, and that’s where problems are starting.

Importantly, councils now have dedicated enforcement budgets to pursue non-compliance, with substantial fines available for landlords and agents who get procedures wrong.

Whether you self-manage or use an agent, understanding the legislation properly is now absolutely essential.

1. Overlooking compliance paperwork

The mistake: Assuming existing paperwork and processes are still compliant.

This is one of the biggest issues we’re seeing already. Missing paperwork, invalid notices, outdated tenancy agreements or poor record keeping can now create serious problems for landlords.

And with councils actively enforcing the legislation, the risks are much higher than before.

Essential documents:

  • Written tenancy agreement aligned with new legislation

  • Gas Safety Certificate (annual and must be valid on the day of move-in)

  • Electrical Safety Report (every 5 years)

  • Energy Performance Certificate (must be Rating E or above)

  • Deposit protection details within 30 days of receiving the funds

  • “How to Rent” guide

  • RRA information sheet (this should have already been sent to tenants!)

How to avoid it:

  • Ensure tenancy agreements are updated
  • Keep all compliance documents current
  • Serve documents correctly and retain evidence
  • Audit your processes regularly
  • Fully understand the legislation if self-managing

Good compliance is no longer optional. It’s becoming central to protecting your investment.

2. Misunderstanding how to regain possession

The mistake: Assuming possession works the same way it did under Section 21.

With Section 21 abolished, landlords now need to rely on specific Section 8 grounds, all with stricter rules, timelines and evidence requirements.

How to avoid it:

  • Understand which grounds apply to your property
  • Serve notices correctly and at the right time
  • Keep proper records and audit trails
  • Don’t wait until there’s a problem to learn the process

We’re already seeing landlords assume they can regain possession in situations where the legislation no longer allows it.

3. Falling behind on maintenance

The mistake: Leaving issues unresolved until they escalate.

Property condition is now under far greater scrutiny, particularly around damp, mould and general repairs.

How to avoid it:

  • Deal with maintenance issues early
  • Carry out regular inspections
  • Keep records of repairs and contractor visits
  • Invest in preventative maintenance

Poorly maintained properties simply aren’t competing in the current market anymore.

4. Trying to self-manage without understanding the legislation

The mistake: Assuming the new system can still be managed casually.

The volume of change across the sector has been huge, and we’re already seeing landlords caught out simply because they don’t fully understand the new rules.

How to avoid it:

  • Stay updated as guidance evolves
  • Review your management strategy regularly
  • Seek professional advice early
  • Work with agents who understand both the legislation and the local market
  • If self-managing, ensure you have a full grasp of the rules and compliance requirements

The landlords adapting early and taking compliance seriously are already putting themselves in a much stronger position than those still trying to operate under the old system.

5. Increasing rent incorrectly

The mistake: Treating rent increases casually or increasing too aggressively.

Rent increases are now far more regulated, with tenants able to challenge rises they feel are unfair or above market value.

How to avoid it:

  • Keep rents aligned with the market consistently
  • Follow the correct legal process every time
  • Base pricing on evidence, not guesswork
  • Price realistically from the outset

In Brighton’s current student market especially, overpriced properties are already struggling while well-priced homes continue to let well.