Property rental legislation in England: What landlords need to know.

Although the Scottish private rented sector has its own legislation and tenancy framework, England is going through similar reforms which impact landlords and tenants. The Renters’ Rights Act came into force in England on 1 May 2026 with the aim to transform the private rental sector and protect tenants.

For landlords who have properties both sides of the border, it is important to understand the changes in England as the legislation differs to Scotland.

What legislation has changed in England’s private rented sector?

The reforms include:

Section 21 has ended
Landlords in England can no longer use Section 21 “no-fault” notices to recover possession. Instead, landlords must rely on specific legal grounds for possession and follow the appropriate notice and court procedures.

Fixed-term assured tenancies have changed
Most existing assured shorthold tenancies became assured periodic, or rolling, tenancies from 1 May 2026. New private assured tenancies are also generally periodic rather than fixed term.

New rules around rent increases
Landlords can generally increase rent only once a year, using the prescribed process and giving at least two months’ notice. Tenants can also challenge a proposed increase where they believe it is above market rent.

Rental bidding is prohibited
Landlords and agents must advertise a specific rent and cannot encourage or accept offers above the advertised amount.

Stronger protection against rental discrimination
Landlords and agents in England cannot discriminate against applicants because they have children or receive benefits.

Pet requests
Tenants have gained a right to request permission to keep a pet, with landlords required to consider the request and give a reason if they refuse.

For landlords with properties only in Scotland, the Renters’ Rights Act does not change their Scottish tenancy arrangements.

However, anyone with a portfolio spanning both countries should be particularly careful. The Scottish and English private rented sectors have different legislation, terminology, tenancy types and possession procedures.

If you are unsure how the reforms in England impact you as a landlord or would like support managing your property in Northumberland, contact our experienced property team at property@fbrseed.com.

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