What the Renters’ Rights Act means for referencing
The main changes for landlords and letting agents in England, and how they affect choosing a tenant.
General information for England as at November 2026, not legal advice. The Act applies to England only; Wales, Scotland and Northern Ireland have their own rules. Check gov.uk or a qualified adviser for your situation.
What’s in force
| Measure | Status |
|---|---|
| Section 21 “no fault” evictions abolished; tenancies become assured periodic (no fixed end date) | In force since 1 May 2026 |
| New possession grounds and notice periods (section 8) | In force since 1 May 2026 |
| Rent increases at most once a year, by section 13 notice | In force since 1 May 2026 |
| Rent in advance capped at one month; no rental bidding above the advertised rent | In force since 1 May 2026 |
| No blanket bans on tenants who receive benefits or have children; pet requests must be considered | In force since 1 May 2026 |
| Information Sheet to existing tenants | Deadline was 31 May 2026 |
| Private rented sector database (landlord and property registration) | Planned: reported to open from 15 December 2026, region by region |
| Landlord ombudsman | Planned: membership expected from 2028 |
What it means for choosing a tenant
- Decide on the facts that matter. You can check that the rent is affordable, and look at references, identity and credit. You can’t refuse someone because they receive benefits or have children. Rentwick never takes either into account.
- Affordability without a big upfront payment. You can’t ask for more than a month’s rent in advance, so you can’t use months of rent upfront to cover weak affordability. A guarantor is the usual answer.
- Tenancies last longer. With no fixed end dates and no section 21, the decision at the start carries more weight. Thorough checks (bank statements, two landlord references, 5 years of addresses) are worth more than ever.
- Keep a record of why. Each Rentwick report explains how its outcome was reached, so you can show a fair, consistent basis for your decision.
Fines
Councils can fine landlords up to £7,000 for many breaches, such as discriminating against tenants, and up to £40,000 for serious or repeated ones.
Questions
Can a landlord refuse a tenant who receives benefits?
Not because they receive benefits. Since 1 May 2026 landlords and agents in England can’t refuse, or advertise that they won’t let to, someone because they receive benefits or have children. They can still check that the rent is affordable.
How much rent in advance can a landlord ask for?
At most one month, payable once the tenancy agreement is signed. Deposits stay capped at 5 weeks’ rent in most cases.
Can tenants be asked to pay for a reference?
No. The Tenant Fees Act 2019 already stops landlords and agents in England charging tenants for referencing.
Does referencing still matter now tenancies are periodic?
More than before. With no fixed end dates and section 21 gone, getting the decision right at the start matters more, and possession now depends on a section 8 ground.
Check the government’s guidance for updates: gov.uk/government/collections/renters-rights-act.