The legal framework: what governs landlord-tenant relationships

1.1 Primary statutes

  • The Landlord and Tenant Act 1985 remains a foundational statute for residential tenancies in England and Wales: among other things it sets duties on landlords to keep a dwelling house fit for human habitation, and to carry out repairs to structure, exterior and installations. Wikipedia+1
  • The Landlord and Tenant Act 1954 governs business tenancies (commercial leases) and gives tenants security of tenure in many cases. Wikipedia
  • For residential tenants, however, much of the live regulation currently comes through the system of Assured Shorthold Tenancies (ASTs) under the Housing Act 1988 (and subsequent amendments) — though that is now about to change.

1.2 Key concepts

  • Assured Shorthold Tenancy (AST): the standard residential tenancy form in the private rented sector. Under an AST, the landlord has the option of regaining possession at the end of the fixed term or by relying on “no-fault” eviction (via Section 21 of the Housing Act 1988).
  • Fixed-term vs periodic tenancies: Traditionally many ASTs are for a fixed term (e.g., 12 months) after which they either renew or become periodic (rolling).
  • “Section 21” evictions: The statutory power under Section 21 of the Housing Act 1988 by which a landlord can recover possession at the end of a fixed term (or during it in certain circumstances) without giving a reason (“no-fault”).
  • Section 8 evictions: Possession via Section 8 of the Housing Act 1988 where the landlord relies on specified “grounds” (tenant fault, rent arrears, landlord’s own use, etc.).
  • Decent Homes / fitness for human habitation: Landlords have obligations to maintain the property in a reasonable state of repair and fit for habitation. The 1985 Act (and other housing legislation) embed these duties.

2. Major reforms in 2025: the Renters’ Rights Bill and related changes

In 2025 the biggest story in landlord & tenant law is the sweeping set of reforms proposed by the Renters’ Rights Bill (“RRB”) in England (Wales has separate routes) — which will substantially reshape rights, obligations and tenancy structure.

2.1 What the Bill seeks to do

Key reforms (in England) include:

  • Abolish fixed-term ASTs: All tenancies to become periodic (rolling on monthly) once the law comes into force. Savills+2Shelter England+2
  • Abolition of Section 21 “no-fault” evictions: Landlords will no longer be able simply to give notice under Section 21 to regain possession without reason. Instead they must rely on specific grounds (via Section 8-style procedure). John D Wood & Co.+2Letting a Property+2
  • Limit on advance payments and rent in advance: Tenants will not in future be required to pay large advance rents (e.g., six months up-front) for new tenancies. Savills+1
  • Restrictions on rent bidding and transparency: Landlords/letting agents will not be able to invite, encourage or accept bids above the advertised rent (i.e., bidding wars banned) and the process of rent increases will be more regulated. Total Landlord Insurance+1
  • Pets: The Bill gives tenants the right to request permission to keep a pet, and blanket “no-pets” clauses will be invalid. Landlords cannot unreasonably refuse. Savills+1
  • New enforcement and oversight: Introduction of a private-rented sector database (or “rented property portal”), landlord ombudsman scheme, improved local authority investigatory powers. The Independent Landlord+1
  • Stronger property standards: The Bill aligns with the move towards a “Decent Homes Standard” for the private rented sector and embeds the so-called Awaab’s Law principle (named after a tragic case) into regulation of hazards such as damp/mould. Letting a Property+1

2.2 Timeline and state of play

  • As of mid-2025 the Bill has passed through the Houses of Parliament (Commons and Lords) and is awaiting Royal Assent (or implementation via commencement regulation) in England. The Independent Landlord+2Parliament News+2
  • The reforms are not yet fully in force: many of the changes will take effect at a later “commencement date” which is still to be set (some sources expect autumn 2025 or early 2026). Shelter England+1
  • Landlords, letting agents and tenants are therefore in a transitional phase: existing tenancies (ASTs) may continue under the old rules until the new regime commences; those entering into new tenancies should prepare for the changes. The Independent Landlord+1

2.3 Practical implications: what to watch

For landlords and tenants alike, these changes mean:

  • Tenancy agreements will need to be reviewed and likely rewritten. Fixed-term ASTs may no longer be valid as such once the new regime begins.
  • Possession strategy: Landlords will need to rely on specific possession grounds (via “fault” or other defined reasons) rather than simply giving notice.
  • Rent increases: The ability to raise rent will be more constrained — pre-agreed escalation clauses may be invalid; annual increases only and using Section 13 (or equivalent) process. Savills+1
  • Advance rents: Negotiating large advance sums may become impossible; deposit and advance rent rules will tighten.
  • Pet requests: Landlords who have “no pets” policies will need to accommodate reasonable requests, and must have objective grounds for any refusal (e.g., lease restriction, property unsuitability).
  • Standards and enforcement: Landlords must ensure properties meet higher standards; local authorities will have stronger powers; penalties for non-compliance may increase.
  • Tenant rights: Tenants have more security of tenure, more flexibility to leave if property is substandard, and protections against unfair eviction/ejection practices.

3. Core landlord & tenant obligations and rights (2025)

3.1 Landlord obligations

  • Under the 1985 Act: For a dwelling-house let under a tenancy the landlord must keep in repair the structure and exterior (including drains, gutters, external pipes), the installations for water, gas, electricity, sanitation, heating etc. Wikipedia
  • Fitness for habitation: The house must be fit for human habitation at the start of the tenancy and remain so throughout. Wikipedia+1
  • Safety and compliance: Although specific to other regulations (gas safety certificates, electrical inspection reports, fire safety etc) these obligations are increasingly emphasised. For 2025, many articles highlight that landlords must keep abreast of Electrical Installation Condition Reports (EICR) and other emerging safety/regulatory obligations. Ashmore Residential+1
  • Information duties: Landlords must provide tenants with accurate information (identity of landlord, rent book/receipt, terms of tenancy) where required by statute. See e.g., sections of the 1985 Act. Wikipedia

3.2 Tenant rights and duties

  • Tenants have the right to quiet enjoyment of the property (i.e., landlord must not interfere unreasonably with occupancy).
  • Tenants can expect the dwelling to be in a state fit for habitation, and to have repairs carried out in a reasonable time.
  • Tenants must pay rent when due, and comply with tenancy terms (use property lawfully, not damage, etc).
  • Tenants may now, under the forthcoming reforms, have additional rights: to request pets; to be protected from bidding wars or unfair rent jump; to have more security of tenure.

3.3 Possession: when and how can the landlord recover the property?

  • Under the current regime (pre-reform) the landlord often uses Section 21 to regain possession at the end of a fixed term, or Section 8 where the tenant is in breach (e.g., arrears) or other grounds apply.
  • Under the new regime proposed: Section 21 will be abolished; landlords must rely on the revised “grounds” regime. Notice periods may be longer (e.g., four months for sale or landlord moving in). GOV.UK+1
  • Tenants: in the new regime tenants may be able to give two months’ notice when they wish to vacate (subject to any transitional rules) under the periodic tenancy. The Independent Landlord+1

4. Highlights of change for 2025 and beyond: what’s different

Here are some of the key “change points” that both landlords and tenants should be aware of in 2025 and preparing for 2026.

TopicWhat’s changing / new focusWhy it matters
Fixed-term tenancies → periodicThe Bill proposes that fixed-term ASTs will be abolished; tenancies will automatically roll on monthly. Shelter England+1Landlords lose the certainty of a 12 mth term; tenants gain more flexibility and security.
No-fault evictions (Section 21)Will be ended. Landlords must rely on specific grounds and give longer advance notice. John D Wood & Co.+1Shift of power towards tenants; landlords must plan more carefully.
Rent rises & bidding warsPre-agreed rental escalation or bidding more difficult; landlords must serve a proper notice; bidding wars banned. Total Landlord Insurance+1Helps control rapid rent inflation; demands more transparency.
Pets in rentalsBlanket ‘no-pets’ bans invalid; tenants can request pets, and landlord must have valid reason to refuse. Savills+1Reflects changing social expectations; landlords must rethink policy.
Standards, safety & enforcementStronger emphasis on property condition (e.g., Decent Homes Standard for private rented sector), quicker remedy of hazards (mould, damp) under Awaab’s Law concept. Kubie Gold+1Poor-quality rental stock will face higher risk; landlords need to invest in maintenance.
Advance rents & payment termsLarge advance rent requirements and “headline” bidding expected to be curbed; shorter rent-in-advance limits. Savills+1Protects tenants’ cashflow; may shift how rent is collected and security deposits managed.
Oversight and accountabilityNew landlord ombudsman, rented-property portal, stronger local authority intervention expected. JLL Residential Properties+1Landlords face more regulatory oversight; tenants have more recourse.

5. Practical advice for landlords & tenants in 2025

For landlords

  • Review all tenancy agreements now: check fixed-term clauses; consider how they will transition when the new regime starts.
  • Audit your property: ensure compliance with repair duties, safety certificates (gas, electrical), and that the dwelling is fit for habitation.
  • Review your rent-setting and increase policies: avoid reliance on pre-agreed escalations or bidding war strategies that may soon be unlawful.
  • Reassess your pet policy: if you currently use “no-pets” clauses, update your terms and prepare for requests.
  • Stay informed about commencement dates: although the Bill has passed, many key changes apply from its commencement. Timing matters to avoid inadvertently non-compliant notices.
  • Keep records: communication with tenants, inspections, repairs, rent notices — strong documentation will help under increased scrutiny.

For tenants

  • Check your current tenancy type: Is it an AST? Is it fixed-term? If the reforms apply you may receive greater security.
  • Ask about landlord compliance: Check for safety certificates (gas, electrical), ask whether the dwelling is fit for habitation and that repairs are maintained.
  • Know your rights on pets: if you want a pet, you may have more protection to make a request.
  • Understand the tenancy end notice: In a periodic tenancy you may have to give two months’ notice (depending on regime) rather than being locked into a fixed term.
  • If you are being asked for large rent-in-advance sums (e.g., 6 months upfront) check whether that remains lawful under the transitional rules.
  • Stay aware of any landlord/agent complaint route: with the new oversight mechanisms coming, you may have new channels for dispute resolution.

6. Caveats & jurisdictional notes

  • The above largely refers to England; Scotland, Wales and Northern Ireland have (or are developing) separate landlord-tenant regimes. If your property is in Wales, for instance, the Renting Homes (Wales) Act 2016 applies and forthcoming reforms may differ.
  • The reforms under the Renters’ Rights Bill are not yet fully in force. One must check when the commencement regulations apply for each provision. Rushing to rely on the new regime may be risky if a notice was served prematurely.
  • Implementation detail matters: Even once the Bill becomes law, many changes will require secondary legislation (regulations) and guidance (how e.g., “reasonable refusal” of a pet request is determined). The Independent Landlord+1
  • Business/commercial tenancies (e.g., offices, shops) remain under different regimes and the Act 1954 etc. are relevant; some reforms are also under review for them. Wikipedia

7. Conclusion

The legal landscape for landlord and tenant relationships in the UK is in a period of significant transition. For 2025, the key takeaway is that the status quo is changing: fixed-term ASTs, no-fault evictions, bidding wars, large rent advances, blanket no-pets clauses — all of these are under review or being replaced.

For landlords this means more planning, more regulatory burden, and less certainty of possession at the end of term. For tenants it means greater security, more rights to challenge standards and more flexibility.

However, until the new legislation is in full effect, the old rules still govern many tenancies — so it is essential for both landlords and tenants to monitor the commencement of each reform, review existing agreements, and take proactive steps.

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