Lettings after the Renters' Rights Act: 31 questions on arrears, deposits, notices and compliance dates, answered

Question 1

How much rent must be owed for a Ground 8 notice now?

Accepted Answer

At least three months' rent where rent is paid monthly (thirteen weeks where it is paid weekly), both when the notice is served and at the hearing. Before 1 May 2026 it was two months. On a tenancy at £1,250 a month the threshold is £3,750, so a tenant £3,200 behind, who met the old test, is £550 short.

Question 2

What is the maximum tenancy deposit in England?

Accepted Answer

Five weeks' rent where the annual rent is under £50,000, and six weeks' rent above that. A week's rent is the monthly rent times 12 divided by 52, not the monthly rent divided by 4. On £1,250 a month the cap is £1,442.30; dividing by 4 gives £1,562.50, which is £120.20 over the limit.

Question 3

Is Section 21 abolished?

Accepted Answer

Yes. Since 1 May 2026 a landlord in England can no longer end a tenancy with a Section 21 notice; possession is by a Section 8 notice on one of the stated grounds. Notice periods now run from four weeks for serious rent arrears to four months for a landlord who wants to sell or move in.

Question 4

How much notice does a landlord have to give to sell the property?

Accepted Answer

Four months, using the sale ground under Section 8, and the notice cannot expire within the first 12 months of a new tenancy. The landlord cannot re-let the property for a period afterwards if it does not sell, so the ground is for a real sale.

Question 5

Can a letting agent accept an offer above the advertised rent?

Accepted Answer

No. Since 1 May 2026 the rent must be advertised as a single figure and an agent or landlord must not invite, encourage or accept an offer above it. Wording such as 'offers over' or 'best and final' on a lettings website now describes something unlawful, not just out of date.

Question 6

Can a landlord ask for rent in advance?

Accepted Answer

Not before the tenancy agreement is signed, and after signing no more than one month's rent in advance. Asking for six months up front from a tenant without a UK guarantor, which was common, is no longer lawful.

Question 7

Can a landlord refuse tenants on benefits or with children?

Accepted Answer

Not as a blanket rule. 'No DSS' and 'no children' policies are unlawful for landlords and agents since 1 May 2026. A landlord can still assess affordability and suitability case by case, and must be able to show that is what happened.

Question 8

When is the next gas safety check due?

Accepted Answer

Within 12 months of the last one. The check can be carried out up to two months before the due date without losing any of the certificate: for a check done on 1 November 2025, the next is due by 1 November 2026 and can be done from 1 September 2026 with the new certificate still running to 1 November 2027.

Question 9

How often does a rented property need an electrical inspection?

Accepted Answer

At least every five years, by a qualified person, with the report given to the tenant within 28 days and to a new tenant before they move in. The inspector can set a shorter interval on the report, and that shorter date is the one that counts.

Question 10

What is the private rented sector database, and what will it ask for?

Accepted Answer

A register of landlords and properties created by the Renters' Rights Act. The government's roadmap says it will ask for gas, electrical and EPC details for every property. Membership of the new landlord ombudsman is not expected to be required until 2028. An agent who already tracks those three dates per property has the data the database will want.

Question 11

What does letting agent software cost?

Accepted Answer

Mostly it is not published. Of Arthur Online, Fixflo, Goodlord, Reapit, Alto and Street, only Arthur Online showed full plan prices on 1 October 2026; on our reading of its page a 120-unit agency would pay between £180 and £216 a month before VAT. The others ask you to book a demo.

Question 12

What should a rent arrears letter say after May 2026?

Accepted Answer

The amount owed, the dates it fell due, how to pay and who to talk to, and where to get free debt advice. A final letter should mention Ground 8 only once arrears reach three months' rent: on £1,250 a month that is £3,750, not the old £2,500. A letter that threatens a ground the tenant has not reached undermines the notice later.

Question 13

Can AI run the admin in a letting agent's office?

Accepted Answer

The written, dated parts: repair logging and contractor chasing, certificate dates, portal enquiries, landlord updates and arrears letters by stage. It should not decide whether to serve notice or on which ground; the agent and landlord do. Overlyft can set up an AI assistant that prepares that work for a person to approve and does not answer the phone. Our review compares it with five other tools.

Question 14

How much does an HMO licence cost in Reading?

Accepted Answer

£1,500 per property on 1 October 2026, both for the new licence for 3 or 4 person HMOs and for the mandatory licence for 5 or more people, which adds £28 for each letting room above five. Applying more than 12 weeks late makes it £1,750. The 3 or 4 person fee is paid as £750 with the application and £750 when the draft licence is issued.

Question 15

What should a letting agent do if a tenant will not allow access for the gas safety check?

Accepted Answer

Do not force entry. HSE says its inspectors will look for at least three attempts. Leave a notice that a visit was made, write explaining that the check is a legal requirement and is for the tenant's safety, offer the tenant the chance to book their own appointment, and keep a record of all correspondence. The check can be started up to two months before it is due.

Question 16

Can a landlord refuse a tenant's request to keep a pet in England?

Accepted Answer

Only for a fair reason. Since 1 May 2026 a tenant can ask in writing, describing the pet, and the landlord must give or refuse consent in writing on or before the 28th day after the request: 29 October 2026 for a request made on 1 October 2026. Asking for more information moves the deadline to the 7th day after the tenant answers, if that is later.

Question 17

How long does a letting agent have to return a holding deposit?

Accepted Answer

Seven days. A holding deposit is capped at one week's rent, and the deadline for agreement is the 15th day, counting the day it is received as day one. If no exception applies it must be repaid within 7 days; to keep it you must give the reason in writing within those 7 days. Received on 1 October 2026: deadline 15 October, repay or explain by 21 October.

Question 18

How much notice does a landlord have to give for a rent increase under Section 13?

Accepted Answer

At least two months, on Form 4A, which since 1 May 2026 is the only way to raise rent on a private assured tenancy in England. The new rent must also start at least 52 weeks after the tenancy began or the last increase took effect. For a monthly tenancy that began on 20 November 2025, a notice served on 2 October 2026 cannot take effect before 20 December 2026.

Question 19

Is emailing a link to the Renters' Rights Act information sheet enough?

Accepted Answer

No. GOV.UK says the sheet had to reach every named tenant of a tenancy that began before 1 May 2026 by 31 May 2026 as the exact 4-page PDF, printed or attached to a message, and that a link is not valid. The maximum penalty is £7,000, and a managing agent had to give it even if the landlord also did.

Question 20

Can a letting agent use ChatGPT to write emails to tenants?

Accepted Answer

Yes for drafts, if the agency pays for a business plan and a person checks and sends every message. On 1 October 2026 a ChatGPT Business seat was £15 a month billed annually, and OpenAI's pricing page said business data is not used for training by default. Content on its plans for individuals may be used unless the user opts out. Notices go on the government's own forms.

Question 21

When does a letting agent have to pay HMRC the tax on rent collected for a landlord who lives abroad?

Accepted Answer

Within 30 days of the end of each quarter, on form NRLQ. The quarters end on 30 June, 30 September, 31 December and 31 March, so the quarter to 30 September 2026 is due by 30 October 2026. The agent deducts 20% of rent received less deductible expenses, unless HMRC has written to say the landlord can be paid with no tax deducted.

Question 22

Can a landlord serve a Section 8 notice for rent arrears while the tenant is in Breathing Space?

Accepted Answer

No, not for the arrears the breathing space covers. The regulations bar a possession notice on Grounds 8, 10 or 11 for 60 days, counting the start date as day one, so a breathing space that starts on 6 October 2026 ends on 4 December 2026. Rent falling due during it must still be paid. Action taken in breach is null and void.

Question 23

Can a letting agent keep a holding deposit if the tenant fails referencing?

Accepted Answer

Not if the applicant gave accurate information. The Tenant Fees Act 2019 lets an agent keep a holding deposit only for a failed Right to Rent check, false or misleading information, withdrawal before the deadline, or not taking all reasonable steps to sign. A low credit score or an income that falls short is none of those, so the deposit must be repaid within 7 days.

Question 24

Does a new boiler need a gas safety check in its first year in a rented property?

Accepted Answer

The first check on a new boiler is due within 12 months of the installation date, according to HSE. HSE allows a one-off extension of up to two months for a new appliance, so that its date can be lined up with the other gas appliances in the property. After that the check is due every 12 months and can be done up to 2 months early.

Question 25

What happens to the rent while a tenant challenges a Section 13 increase at the tribunal?

Accepted Answer

The tenant keeps paying the old rent until the First-tier Tribunal decides, and nothing is backdated. If the decision comes after the start date in the notice, the new rent begins with the first tenancy period that starts on or after the decision. The tenant never pays more than the notice proposed, and for hardship the tribunal can delay the start by up to two months.

Question 26

How much does it cost a letting agent to join a redress scheme and a client money protection scheme in 2026?

Accepted Answer

On 1 October 2026 the cheapest published route for a one-branch agency in England holding under £500,000 of client money was £687 a year before VAT: Property Redress Entry at £190, Client Money Protect from £445 and the ICO data protection fee of £52. With The Property Ombudsman instead (£277.96 a year plus a £74.26 joining fee) the first year comes to £849.22.

Question 27

How much notice does a tenant have to give to leave a rented home in England in 2026?

Accepted Answer

Two months at most. Since 1 May 2026 a tenant's notice must be given not less than two months before it takes effect, or any shorter time the landlord has agreed in writing, and GOV.UK says it must end on a rent day or the day before. With rent due on the 20th, notice given on 2 October 2026 ends the tenancy on 19 December 2026 at the earliest.

Question 28

Can a letting agent do a right to rent check over a video call?

Accepted Answer

Yes, with conditions. The Home Office landlord's guide, updated on 1 October 2026, lets the tenant be seen by live video call. For a manual check the agent must be in physical possession of the original documents first, for example sent by post, and must not rely only on a document shown on camera. A share code check can also be done on a call.

Question 29

How long do I have to keep right to rent check records for a tenant?

Accepted Answer

For the whole tenancy and at least one year after the tenancy agreement ends, after which the Home Office guide says the copies must be securely destroyed. For a tenancy that ends on 19 December 2026 that means keeping them until at least 19 December 2027. Keep a copy that cannot be altered and a record of the date of the check.

Question 30

What deadlines does a letting agent have in the first 30 days of a new tenancy in England?

Accepted Answer

Five, and none starts on the move-in date. A holding deposit has 15 days to lead to an agreement, counting the day it arrives as day one. It must be repaid within 7 days if the let falls through or, without the tenant's consent to use it, after signing. The tenancy deposit must be protected, and the prescribed information given, within 30 days of receiving the money.

Question 31

What has to be renewed or checked every year on a managed rental property in England?

Accepted Answer

The gas safety check is due every 12 months and can be done up to two months early without moving the expiry date; the tenant gets the record within 28 days. The electrical report is read for its next inspection date, which is no more than five years on. An EPC lasts 10 years. Rent can rise only 52 weeks or more after the last increase.