{
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Explanatory Notes
The Renters Rights Act 2025 has changed certain things that will require people carrying out initial homelessness assessment interviews to identify, both as triggers to homelessness duties and also to flag up defects that incur a variety of Civil Penalty Notices.
This guide is designed specifically for caseworkers conducting homelessness application interviews in relation to possible defences in possession proceedings that can be made to prevent homelessness and represent the new questions that will need to be asked to assess threatened homelessness.
There are 7 sections to this crib sheet:
(text-colour:#06357a)[1: Identifying security of tenure
2: Establishing how the letting was created
3. Landlord has asked the renter to leave: establishing lawfulness
4.: Checking validity of s21 during transitional period and a s8 notice
5: Checking rent increases. (Affordability).
6: Checking validity of an upwards notice to quit (Tenant to landlord)
7. Advising tenant on securing new property ]
[[1 - Identifying Security of Tenure]]
(enchant:?page,(text-colour:black)+(bg:white))
(set: $inventory to (dm:
"Written Statement", false,
"Written Agreement", false,
"Rent in Advance", false,
"Accept in Advance", false,
"Offer in Advance", false,
"Ombudsman", false,
"Database", false,
"Database Compliance", false,
"FTT", false,
"Prohibited Reletting", false,
"Deposit Protection", false,
"Informal Notice", false,
"Oral Notice", false,
"Illegal Eviction", false,
"S21", false,
"No Possession", false,
"S21 Post-RRA", false,
"Form 3", false,
"Incorrect Grounds", false,
"Signature", false,
"Property Address", false,
"Dates", false,
"Rent Schedule", false,
"Failure to Protect", false,
"Registration", false,
"Registration upon Creation", false,
"False Information", false,
"Misuse of Grounds", false,
"Rent Increase", false,
"Frequency", false,
"Market Rent", false,
"Rent Review", false,
"Informal Increase", false,
"Mutual Agreement", false,
"Validity", false,
"Tribunal Appeal", false,
"Expiry", false,
"Notice Length", false,
"Shorter Notice", false,
"Withdrawal of Notice", false,
"Joint Tenancy", false,
"Format", false,
"Discrimination", false,
"Transparency", false,
"Bidding", false,
"Advertising", false,
"TFA", false,
"Encouraging", false,
"Acceptance", false,
))
(set: $chapter to 0)
Identifying the applicant's security of tenure is the bedrock for the provision of further advice. From May 1st the most common type of tenure amongst private tenants will be Assured Periodic Tenancies. You can use the Safer Renting Training Manual to establish the applicant’s security of tenure.
(text-colour:#06357a)[Regulated or Protected tenancy] - Unchanged by RRA.
(text-colour:#06357a)[Excluded occupier (Lodgers etc)] - Unchanged by RRA.
(text-colour:#06357a)[Secure council tenancy] (Inc; demoted and introductory) - Unchanged by RRA.
(text-colour:#06357a)[Assured Shorthold Tenancy or statutory periodic tenancy that was in existence before 1st May 2026] - became an Assured Periodic Tenancy on the 1st May 2026.
(text-colour:#06357a)[Assured Periodic Tenancy] - Most common tenancy started after 1st May 2026.
(text-colour:#06357a)[Purpose Built Student Accommodation (PBSA) owned and managed by an educational institute] - Common law tenancy, capable of being under a fixed term and with break clause.
(text-colour:#06357a)[PBSA Owned by an educational institute BUT managed by a private company registered with UNIPOL or ANUK] - Common law tenancy, capable of being under a fixed term and with break clause.
(text-colour:#06357a)[PBSA Owned by an educational institute but managed by a private company] (text-colour:#b31b34)[WHO IS NOT] (text-colour:#06357a)[registered with UNIPOL or ANUK] - Assured Periodic Tenancy.
(text-colour:#06357a)[Student HMOs] - Assured Periodic Tenancy.
(text-colour:#06357a)[Residential licensees] - Supported and exempt accommodation, renters without exclusive possession. Unchanged by the RRA.
[[2 - Establishing how the Letting was Created]]
(enchant:?page,(text-colour:black)+(bg:white))
{
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(save-game: "Inventory")
}The Renters Rights Act sets out specific procedures for the creation of Assured Periodic tenancies. Should landlords fail to follow these procedures, Civil Penalty Notices may apply.
(text-colour:#06357a)[Written Statement of Terms ]
If the tenancy began after 1st May 2026, was the tenant given a written statement of terms?
(link: "Yes") [(set: $inventory's "Written Statement" to true) The landlord has followed the law.]
(link: "No") [CPN of up to £7,000 (£40,000 for a repeat breach).]
(text-colour:#06357a)[1st May Prescribed Information Sheet ]
If the tenancy was created before 1st May 2026 and there was a written agreement, was the prescribed information sheet served?
(link: "Yes") [(set: $inventory's "Written Agreement" to true) The landlord has followed the law.]
(link: "No") [CPN of up to £7,000 (£40,000 for a repeat breach) - Must be served between 1st May and 31st May 2026.]
(text-colour:#06357a)[Fixed Term Tenancy (Post-1 May 2026)]
Did the landlord claim to have created a fixed term tenancy after 1st May 2026?
(link: "Yes") [(set: $inventory's "Fixed Tenancy" to true) The landlord has followed the law.]
(link: "No") [CPN of up to £7,000 (£40,000 for a repeat breach).]
(text-colour:#06357a)[Rent in Advance (Tenant Fees Act 2019) ]
Did the landlord charge more than 1 month’s rent in advance?
(link: "Yes") [(set: $inventory's "Rent in Advance" to true) Breach of Tenant Fees Act 2019
Refer to Trading Standards and if charged by letting agent the tenant can complain to the relevant redress scheme
CPN of up to £7,000.]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[Prohibited Fees (Post Tenancy 1)]
Did the landlord demand and accept more than 1 month’s rent in advance after the tenancy began?
(link: "Yes") [(set: $inventory's "Accept in Advance" to true) CPN of up to £7,000.]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[Prohibited Fees (Post Tenancy 2)]
Did the tenant freely offer to pay more rent in advance after the tenancy began?
(link: "Yes") [(set: $inventory's "Offer in Advance" to true) CPN of up to £7,000.]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[Redress Scheme Registration]
Was the landlord registered with the redress scheme when the letting was created?
(link: "Yes") [(set: $inventory's "Redress Scheme" to true) The landlord has followed the law.]
(link: "No") [CPN of up to £7,000.]
(text-colour:#06357a)[PRS Ombudsman Registration]
Was the landlord registered with the PRS Ombudsman when the letting was created?
(link: "Yes") [(set: $inventory's "Ombudsman" to true) The landlord has followed the law.]
(link: "No") [CPN of up to £7,000.]
(text-colour:#06357a)[Landlord Database Registration]
Was the landlord registered on the database at the time the tenancy was created?
(link: "Yes") [(set: $inventory's "Database" to true) The landlord has followed the law.]
(link: "No") [Section 8 notice may be defective but could be corrected before hearing.
CPN of up to £7,000.]
(text-colour:#06357a)[Database Compliance (Setup Stage)]
Was the landlord fully compliant with database requirements when the tenancy was created?
(link: "Yes") [(set: $inventory's "Database Compliance" to true) The landlord has followed the law.]
(link: "No/Unsure") [May block possession claim.
CPN of up to £7,000.]
(text-colour:#06357a)[Fixed Term Tenancy (Post-1st May 2026)]
Did the landlord claim to have created a fixed term tenancy after 1st May 2026?
(link: "Yes") [(set: $inventory's "FTT" to true) CPN of up to £7,000.]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[Prohibited Reletting (Ground 1/1A)]
Was the property re-let within 12 months after possession under Ground 1 or 1A, and was this notice served within that prohibited period?
(link: "Yes") [(set: $inventory's "Prohibited Reletting" to true) Notice is technically invalid.
CPN of up to £40,000.
Rent Repayment Order possible.]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[Deposit Protection]
Did the landlord fail to protect the deposit or fail to serve the prescribed information before service of notice?
(link: "Yes") [(set: $inventory's "Deposit Protection" to true) Notice may be defective.
Defence to possession.
Tenant can claim up to 3X deposit (within 6 years) and can counterclaim on possession proceedings.]
(link: "No") [The landlord has followed the law.]
[[3 - The Landlord has Asked the Renter to Leave - Establishing Lawfulness]]
(enchant:?page,(text-colour:black)+(bg:white))
{
(set: $chapter to 2)
(save-game: "Inventory")
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This will help you establish the threat of homelessness, take early steps to prevent homelessness, and identify available civil penalty notices.
(text-colour:#06357a)[Informal / Non-Section 8 Notice]
Was notice served on an assured periodic tenant by email, letter or other informal means (i.e. not using Section 8)?
(link: "Yes") [(set: $inventory's "Informal Notice" to true) Notice is invalid.
Defence to possession.
CPN of up to £7,000.]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[Oral Notice to Leave]
Was the person merely told to leave?
(link: "Yes") [(set: $inventory's "Oral Notice" to true) Defence to possession.
CPN of up to £7,000.]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[Illegal Eviction]
Was the applicant illegally evicted in breach of the Protection from Eviction Act 1977?
(link: "Yes") [(set: $inventory's "Illegal Eviction" to true) CPN of up to £40,000.
Rent Repayment Order.]
(link: "No") [The landlord has followed the law.]
[[4 - Checking Transitional Provision for s 21 and Validity of a s 8 Notice]]
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{
(set: $chapter to 3)
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(text-colour:#06357a)[Explanatory Notes]
With the old s21 notices the main issue was whether the notice itself was invalid and if it was, then the possession application could be defended on that technicality.
S8 notices are different. Some things will invalidate the notice while others merely render the notice defective, so if the landlord corrects the defect before the court hearing the court can still grant possession, mainly with mandatory grounds but discretionary grounds allows the court to look at all factors, including breaches corrected after service of the s8.
''(text-colour:#06357a)[Checking transitional provisions for s21 notices]''
There is a transitional phase for s21 notices which will continue for a certain period of time after the commencement of the RRA 25. The usual factors for establishing whether a s21 notice valid or not will still apply.
Did the landlord serve s21 before 1st May 2026? In which case, you have to establish the following:
(text-colour:#06357a)[S21 Expired & Proceedings Issued Pre-1st May 2026]
Did the 2-month Section 21 notice expire before 1st May 2026 AND did the landlord apply for possession before that date?
(link: "Yes") [(set: $inventory's "S21" to true) Tenancy remains an AST until determined by the court.
Court delays/adjournments may extend this period]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[S21 Expired but did not Apply for Possession Before 1st May 2026]
Did the 2-month Section 21 notice expire but the landlord did NOT apply for possession before 1st May 2026?
(link: "Yes") [(set: $inventory's "No Possession" to true) Landlord has until 31st July 2026 to apply for possession.
If not used by then, notice expires.]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[Serving s21 Notice Post-RRA 2025]
Did the landlord serve a s21 notice after commencement of the RRA?
(link: "Yes") [(set: $inventory's "S21 Post-RRA" to true) Notice is invalid.
Provides a complete defence to possession.
CPN of up to £7,000.]
(link: "No") [The landlord has followed the law.]
''(text-colour:#06357a)[Things that can Invalidate a S8 Notice]''
(text-colour:#06357a)[Correct Form 3 Wording]
Did the landlord use the wording set out in Form 3 of the government’s template?
(link: "Yes") [(set: $inventory's "Form 3" to true) The landlord has followed the law.]
(link: "No") [Notice is technically invalid.
Full defence to possession.]
(text-colour:#06357a)[Incorrect Grounds]
Does the s8 notice cite defective information such as the wrong grounds?
(link: "Yes") [(set: $inventory's "Incorrect Grounds" to true) Notice is technically invalid.
Full defence to possession.]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[Signature]
Is the notice signed?
(link: "Yes") [(set: $inventory's "Signature" to true) The landlord has followed the law.]
(link: "No") [Notice is technically invalid.
Full defence to possession.]
(text-colour:#06357a)[Property Address]
Is the property address correctly listed?
(link: "Yes") [(set: $inventory's "Property Address" to true) The landlord has followed the law.]
(link: "No") [Notice is technically invalid.
Full defence to possession.
Minor errors may be overlooked if clearly identifiable.]
(text-colour:#06357a)[Dates]
Are all relevant dates correctly stated?
(link: "Yes") [(set: $inventory's "Dates" to true) The landlord has followed the law.]
(link: "No") [Notice is technically invalid.
Full defence to possession.
Minor errors may be overlooked if clearly identifiable.]
(text-colour:#06357a)[Rent Schedule (Arrears Cases)]
Is a rent schedule attached where rent arrears are being cited?
(link: "Yes") [(set: $inventory's "Rent Schedule" to true) The landlord has followed the law.]
(link: "No") [Notice is technically invalid.
Full defence to possession.]
(text-colour:#06357a)[''Things that render a s8 notice defective but which could be corrected before the hearing (This can make assessing whether a person will be threatened homeless more difficult).'']
(text-colour:#06357a)[Deposit Protection]
Did the landlord fail to protect the deposit or fail to serve the prescribed information before service of notice?
(link: "Yes") [(set: $inventory's "Failure to Protect" to true) Notice may be defective.
Defence to possession.
Tenant can claim up to 3x deposit (within 6 years) and can counterclaim on possession proceedings.]
(link: "No") [The landlord has followed the law.]
(text-colour:#06357a)[Landlord Database Registration]
Was the landlord registered on the database at the time the tenancy was created?
(link: "Yes") [(set: $inventory's "Registration" to true) The landlord has followed the law.]
(link: "No") [Section 8 notice may be defective but could be corrected before hearing.
CPN up to £7,000.]
(text-colour:#06357a)[Database Compliance (Setup Stage)]
Was the landlord fully compliant with database requirements when the tenancy was created?
(link: "Yes") [(set: $inventory's "Registration upon Creation" to true) The landlord has followed the law.]
(link: "No/Unsure") [May block possession claim.
CPN up to £7,000.]
(text-colour:#06357a)[False or Incomplete Database Information (occupation stage) ]
Is the information provided to the database incomplete or false?
(link: "Yes") [(set: $inventory's "False Information" to true) CPN up to £7,000.
May make s8 notice defective (can be corrected before hearing).]
(link: "No") [The landlord has followed the law.]
''Identify CPNs''
(text-colour:#06357a)[Misuse of Grounds (2)]
Did the landlord issue a s8 notice citing grounds they could not have relied on in a possession hearing and where as a result, the tenant gave up occupation within 4 months without a hearing?
(link: "Yes") [(set: $inventory's "Misuse of Grounds" to true) CPN up to £7,000.]
(link: "No") [The landlord has followed the law.]
[[5 - Checking Rent Increases (Affordability)]]
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{
(set: $chapter to 4)
(save-game: "Inventory")
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(text-colour:#06357a)[Explanatory Notes]
There are new regulations regarding how a landlord may raise the rent which may prevent an opportunity for homelessness prevention through challenging a proposed rent increase in tribunal and invalidating unlawful rent increases that might mean accommodation remains affordable and is therefore reasonable to occupy.
In possession for rent arrears the arrears are calculated at the lawful rent level, so if the rent was increased unlawfully but the tenant paid it then the amount of unlawful increase should be discounted from the amount assessed in rent arrears possession claims.
(text-colour:#06357a)[Method of Rent Increase]
How did the landlord propose the rent increase?
(link: "Valid s 13 notice") [(set: $inventory's "Rent Increase" to true) The landlord has followed the law.]
(link: "Something other than valid s 13 notice") [Increase is unlawful.
Tenant not required to accept.]
(text-colour:#06357a)[Frequency of Rent Increase]
When was the previous rent increase?
(link: "More than 12 months ago") [(set: $inventory's "Frequency" to true) The landlord has followed the law.]
(link: "Less than 12 months ago") [Increase is unlawful.
Cannot be enforced.]
(text-colour:#06357a)[Market Rent Assessment]
Does the proposed rent match market rent for similar properties in the area?
(link: "Yes") [(set: $inventory's "Market Rent" to true) Increase may be valid.]
(link: "No/appears excessive") [Tenant may appeal to tribunal.
Tribunal may reduce rent based on condition and comparables.]
(text-colour:#06357a)[Contractual Rent Review Clause]
Did the landlord rely on a rent increase clause in the tenancy agreement?
(link: "Yes") [(set: $inventory's "Rent Review" to true) Unlawful method.
Must use s 13 notice.]
(link: "No") [Increase may be valid.]
(text-colour:#06357a)[Informal Increase (Paid by Tenant)]
Did the landlord simply propose an increase which the tenant paid?
(link: "Yes") [(set: $inventory's "Informal Increase" to true) Unlawful method.
Must use s 13 notice.]
(link: "No") [Increase may be valid.]
(text-colour:#06357a)[Mutual Agreement]
Did the landlord and tenant agree to a rent increase?
(link: "Yes") [(set: $inventory's "Mutual Agreement" to true) Only binding if preceded by service of a valid s 13 notice.]
(link: "No") [Increase may still be invalid if pursuant to other methods as above.]
(text-colour:#06357a)[Validity of Section 13 Notice]
Is the section 13 notice valid?
(link: "Yes") [(set: $inventory's "Validity" to true)The landlord has followed the law.]
(link: "No") [Increase is unlawful.
Tribunal likely to reject increase if challenged.]
(text-colour:#06357a)[Tribunal Appeal Window]
Is there still time within the 2-month window to appeal to tribunal?
(link: "Yes") [(set: $inventory's "Tribunal Appeal" to true) Tenant can appeal.
Fee of £47 (or free if eligible).]
(link: "No") [Cannot appeal decision.]
(text-colour:#06357a)[Tribunal Appeal Window]
Has the 2-month notice period expired without challenge being submitted?
(link: "Yes") [(set: $inventory's "Expiry" to true) Rent increase stands.]
(link: "No") [May still be able to appeal.]
[[6 - Checking Validity of an Upwards Notice to Quit (Tenant to Landlord)]]
(enchant:?page,(text-colour:black)+(bg:white))
{
(set: $chapter to 5)
(save-game: "Inventory")
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A tenant can end their own tenancy by giving notice to terminate their tenancy to the landlord.
The Renters Rights Act has made some changes to this procedure. If these changes have not been followed then the tenancy may not have been terminated and the tenant not homeless or threatened with homelessness.
(text-colour:#06357a)[Length of Notice]
How long was the termination notice given to the landlord?
(link: "2 months or more") [(set: $inventory's "Notice Length" to true) The tenant has followed the law.]
(link: "Less than 2 months") [Notice may be invalid.
Must match rental period (may need longer depending on timing).]
(text-colour:#06357a)[Landlord Agreement to Shorter Notice]
Did the landlord agree to a shorter notice period?
(link: "Yes") [(set: $inventory's "Shorter Notice" to true) Shorter notice may be valid.
Ideally confirmed in writing or tenancy agreement.]
(link: "No") [Notice may be invalid.]
(text-colour:#06357a)[Landlord Agreement to Withdrawal of Notice After Serving ]
Did the landlord agree to the withdrawal of notice after service?
(link: "Yes") [(set: $inventory's "Withdrawal of Notice" to true) Allowed and tenancy will continue.]
(link: "No") [Tenancy may terminate upon the date specified in the notice.]
(text-colour:#06357a)[Joint Tenancy]
Is the tenancy a joint tenancy?
(link: "Yes") [(set: $inventory's "Joint Tenancy" to true) One tenant can end the tenancy for all.
Withdrawal of notice requires agreement of all joint tenants.]
(link: "No") [Tenancy may terminate upon the date specified in the notice.]
(text-colour:#06357a)[Format of Notice]
What format was the notice given in?
(link: "Letter/Text") [(set: $inventory's "Format" to true) Valid (no prescribed format required, can simply be a letter or even a WhatsApp message).]
(link: "Other") [If not in writing, may not be valid.]
[[7 - Advising Tenant on Securing New Property]]
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{
(set: $chapter to 6)
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The Renters Rights Act has prohibited a range of behaviors which have made it harder for tenants to find new properties which would be suitable for them to live in.
If you there is evidence that a landlord or agent has committed any of these behaviors then they may be liable for a civil penalty notice.
(text-colour:#06357a)[Discrimination (Benefits / Children)]
Was the applicant refused a viewing or letting because they are on benefits or have children?
(link: "Yes") [(set: $inventory's "Discrimination" to true) CPN up to £7,000.]
(link: "No") [The landlord may not have acted unlawfully.]
(text-colour:#06357a)[Advertising and Rent Transparency]
Did the advert clearly state the rent? Did they end up paying the same rent as advertised?
(link: "Yes") [(set: $inventory's "Transparency" to true) The landlord may not have acted unlawfully.]
(link: "No") [CPN up to £7,000.]
(text-colour:#06357a)[Rental Bidding]
Were they told they could secure the property by offering more rent than others?
(link: "Yes") [(set: $inventory's "Bidding" to true) CPN up to £7,000.]
(link: "No") [The landlord may not have acted unlawfully.]
(text-colour:#06357a)[Database Compliance (Advertising Stage)]
Was the landlord compliant with the database when the property was advertised?
(link: "Yes") [(set: $inventory's "Advertising" to true) The landlord may not have acted unlawfully.]
(link: "No") [CPN up to £7,000. ]
(text-colour:#06357a)[Rent in Advance (Tenant Fees Act 2019)]
Did the landlord charge more than 1 month’s rent in advance?
(link: "Yes") [(set: $inventory's "TFA" to true) Breach of Tenant Fees Act 2019.
Refer to Trading Standards and if charged by letting agent the tenant can complain to the relevant redress scheme.]
(link: "No") [The landlord may not have acted unlawfully.]
(text-colour:#06357a)[Encouraging Higher Rent]
Did the landlord invite or encourage the tenant to offer more than the advertised rent to secure the property?
(link: "Yes") [(set: $inventory's "Encouraging" to true) CPN up to £7,000.]
(link: "No") [The landlord may not have acted unlawfully.]
(text-colour:#06357a)[Accepting Higher Rent (Tenant Offered)]
If not invited, did the tenant offer more rent and was this accepted by the landlord?
(link: "Yes") [(set: $inventory's "Acceptance" to true) CPN up to £7,000.]
(link: "No") [The landlord may not have acted unlawfully.]
(enchant:?page,(text-colour:black)+(bg:white))
{
(set: $chapter to 7)
(save-game: "Inventory")
}