Nicholas Humphreys

Renters’ Rights Act pitfalls every landlord should understand

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Since 1 May 2026, landlords across England have been operating under the new tenancy rules for landlords brought in by the Renters’ Rights Act. The early months were about preparation. The task now is different: applying those rules correctly, tenancy by tenancy, week after week.

Most landlords grasped the headline changes before the Act arrived. Fewer have reviewed how those changes influence the daily habits and processes involved in managing a rental property. Notices, records, rent reviews. This is where the risk now tends to hide.

None of this points to deliberate wrongdoing. Small oversights build up quietly, often because a process that worked well for years simply hasn’t been reviewed since May.

Related: Rent increases under the Renters’ Rights Act: What the new Section 13 process means for landlords (and how to stay compliant)

Pitfall 1: Continuing with pre-May 2026 habits

Old routines are comfortable. They are also the most common source of confusion in the current system.

Assumptions that no longer hold

Landlords may be used to fixed-term tenancies, but the system has changed. Assured tenancies now run periodically, so old fixed end dates and break clauses no longer work in the same way. Relying on the old system could lead to mistakes with notice periods and rent reviews. 

Possession process confusion

Section 21 no longer exists, so landlords must use the correct legal possession ground and follow the required process. Checking which ground applies before serving notice can prevent mistakes, challenges and delays.

Pitfall 2: Treating paperwork as an afterthought

Paperwork used to be a formality for many landlords. Under the current framework, accurate paperwork remains central to managing notices, rent changes and other tenancy processes correctly.

Getting notices right

A notice served on an outdated template, or with missing or incorrect information, may be open to challenge and could delay the process. That single error can add weeks to a process that was already time-sensitive.

Before serving anything, a landlord should check that:

  • The form matches the current prescribed version.
  • The correct ground or reason is stated clearly.
  • Dates, addresses and tenant names are accurate.
  • A copy is kept alongside proof of service.

Keeping records that hold up

Record-keeping habits vary widely between landlords. Some keep detailed files. Others rely on memory and a folder of old emails.

Consistency matters more now. If a tenant disputes a rent increase or a notice, the landlord’s records need to show exactly what was communicated, when, and how. Gaps in that record work against the landlord, not in their favour.

Related: Selling or moving back in when your property is rented: notice rules, evidence and safeguards

Pitfall 3: Getting the rent increase process wrong

For most assured tenancies, landlords now need to follow the statutory rent increase process rather than relying on contractual rent review clauses.

The current procedure

Rent review clauses in tenancy agreements no longer apply. Rent increases must generally follow the Section 13 process, with at least two months’ notice. Rent can usually only increase once every 12 months and should reflect the local market, as tenants can challenge the increase.

Where informal habits creep back in

A text message or verbal conversation does not replace the formal statutory process where that process is required. It feels efficient in the moment. It also invalidates the increase entirely if challenged.

Building the Section 13 process into a fixed annual routine, rather than treating each increase as a one-off task, removes most of the guesswork. It also gives tenants clear, predictable expectations.

Pitfall 4: Inconsistent communication with tenants

How a landlord communicates can be just as important as ensuring the right information is communicated clearly.

Clarity over convenience

A quick phone call might feel like the fastest way to explain a change. Without a written follow-up, it can be harder to demonstrate exactly what was agreed or communicated. That gap becomes a problem the moment a disagreement arises.

Confirming key conversations in writing, even briefly, can give both the landlord and tenant a clearer record of what was agreed. It can also promote transparency and help reduce the scope for misunderstandings.

Timing that respects the rules

Different notices and tenancy processes can carry their own timing and procedural requirements. Sending something a few days late, or without the correct lead time, can undermine an otherwise valid process.

A simple shared calendar that tracks notice dates and required response windows can help reduce the risk of timing errors.

Written confirmation as standard practice

Verbal updates still have a place, particularly for routine matters. For anything tied to a legal notice or a change in tenancy terms, a written record should follow every time, not only when a landlord senses a dispute might be coming.

Pitfall 5: Assuming compliance was a one-off task

Reading the legislation once, updating a template, and moving on feels like the natural end point. It isn’t.

Processes need revisiting, not just paperwork

As the new system beds in, landlords and property professionals may need to revisit official guidance, tenancy processes and working practices from time to time. 

Setting a regular point to review tenancy documents, notice templates and record-keeping habits keeps a landlord’s approach aligned with how the framework is actually being applied, not just how it reads on paper.

Pitfall 6: Managing the property without professional support when processes become complex

Some landlords manage everything themselves, and for straightforward tenancies, that works well. As the volume of documentation and timing requirements increases, so can the scope for administrative errors.

Nicholas Humphreys works closely with landlords who want the day-to-day management handled correctly, from notices and rent reviews to the records that sit behind them. Professional property management doesn’t replace a landlord’s judgement. It can help reduce the administrative pressure of tracking deadlines, notices and tenancy processes, which matters most when a portfolio grows or a tenancy becomes more complicated than expected.

Related: Staying compliant under the Renters’ Rights Act 2025: the value of professional letting support

A few months in, good processes matter more than ever

The Renters’ Rights Act itself is no longer the unfamiliar part. Applying it consistently, tenancy after tenancy, is where most of the current risk actually sits.

A short review now, checking templates, notice timing and record-keeping against current requirements, can help identify issues before they develop into disputes. Small gaps rarely announce themselves. They tend to surface only once a tenant challenges a notice or questions a rent increase.

Where that review raises more questions than answers, the Nicholas Humphreys team can guide landlords through the practical side of getting it right, without adding unnecessary complexity to a process that should feel manageable.

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