Landlord Mistakes We’re Already Seeing Under the Renters’ Rights Act

The Renters’ Rights Act has fundamentally changed how private landlords operate across England. While many landlords have spent months preparing for the reforms, a growing number are still relying on habits, tenancy documents and management processes that no longer fit the new legal landscape.
For landlords working with letting agents in Hertfordshire and Bedfordshire, the challenge is not simply understanding the legislation. It is ensuring day-to-day management practices remain compliant while protecting rental income and reducing the risk of disputes, fines, and costly possession delays.
Since the Act came into force, several common mistakes have already started to emerge. Many are the result of misunderstanding how the new rules work in practice rather than deliberately ignoring them. However, the consequences can still be significant.
Assuming Existing Tenancy Agreements Still Work
One of the most frequent mistakes is treating older tenancy agreements as though nothing has changed.
Under the new framework, assured shorthold tenancies have effectively been replaced by assured periodic tenancies, with existing tenancies transitioning into the new system. Fixed-term arrangements that landlords previously relied upon no longer provide the same level of control over occupation and possession.
Many landlords continue using outdated templates containing clauses that reference fixed terms, automatic renewals or rent review provisions that are no longer effective under the new regime.
While an older tenancy agreement may still contain useful provisions, landlords should review all documentation to ensure it accurately reflects current legal requirements and does not create confusion if disputes arise.
Believing Section 21 Is Still an Option
Perhaps the most significant misunderstanding involves possession procedures.
For years, many landlords viewed Section 21 as a straightforward route to recover possession. That route has now been removed for most private rented sector tenancies, meaning landlords must rely on specific legal grounds when seeking possession.
Some landlords are still operating under the assumption that they can simply wait until a tenancy reaches a certain point and then ask tenants to leave.
The reality is very different.
Whether a landlord wishes to sell a property, move into it themselves or address serious tenant breaches, they must now follow the appropriate possession ground and comply with associated notice requirements. Mistakes in notices, timing or evidence can delay possession significantly and increase legal costs.
Mishandling Rent Increases
Rent increases remain possible under the new legislation, but the process has become more structured.
A common mistake is attempting to increase rent through informal discussions, email agreements, or clauses within older tenancy agreements. The legislation now requires landlords to follow the prescribed process for rent increases, with limits on how frequently increases can occur. In most cases, rent can only be increased once annually through the formal procedure.
Landlords who fail to follow the correct process may find increases challenged or deemed invalid.
For portfolio investors managing multiple properties, inconsistent rent review practices can create compliance risks across an entire portfolio rather than a single tenancy.
The most effective approach is to maintain a clear annual review schedule supported by local market evidence and properly documented notices.
Poor Record-Keeping and Documentation
Historically, some landlords relied on informal management methods, especially when managing one or two properties themselves.
The Renters’ Rights Act places greater emphasis on transparency and accountability. This makes accurate record-keeping more important than ever.
Landlords should be able to demonstrate:
- Tenancy documentation provided to tenants
- Property compliance certificates
- Inspection records
- Repair requests and responses
- Rent payment histories
- Communication relating to tenancy issues
- Evidence supporting possession claims where applicable
Poor documentation can become a serious problem if disputes reach a tribunal or court.
In several early compliance reviews, advisers have already identified landlords who struggle to produce clear evidence supporting decisions they have made regarding tenants, maintenance issues, or rent changes.
Failing to Provide Required Information
Another issue emerging quickly is landlords overlooking information requirements introduced under the new regime.
Landlords are expected to provide specific written information regarding tenancy terms and key legal rights. Existing tenants also needed to receive information explaining how the legislative changes affected their tenancy arrangements. Failure to provide required information can lead to enforcement action and financial penalties.
Many landlords assume that because a tenant has occupied a property for years, no further documentation is required.
That assumption can create unnecessary compliance risks.
Maintaining an organised audit trail showing when documents were issued is becoming increasingly important.
Inadequate Communication with Tenants
Communication failures are becoming one of the most overlooked compliance risks.
Under the previous system, some landlords adopted a reactive approach, communicating only when problems arose. The new environment requires clearer and more proactive engagement.
Tenants are increasingly aware of their rights and are more likely to challenge decisions they believe are unfair or improperly communicated.
Common mistakes include:
- Providing unclear explanations for rent increases
- Failing to respond promptly to written requests
- Using informal verbal discussions instead of written confirmation
- Giving inaccurate information about possession rights
- Not documenting important conversations
Good communication does not simply improve tenant relationships. It also creates valuable evidence should disagreements occur later.
Overlooking Professional Compliance Support
Many landlords remain convinced that self-management is the most cost-effective option.
However, the complexity introduced by the Renters’ Rights Act means compliance mistakes can quickly become more expensive than professional support.
Working with experienced letting agents in Hertfordshire and Bedfordshire and knowledgeable property management specialists can help landlords navigate tenancy administration, legal documentation, rent reviews, possession procedures and evolving regulatory obligations.
Professional oversight is particularly valuable for portfolio investors who need consistent compliance across multiple properties and tenancies.
Practical Steps Landlords Should Take Now
Rather than waiting for problems to arise, landlords should take proactive action.
A sensible compliance review should include:
- Reviewing all tenancy documentation
- Updating management procedures
- Checking rent review processes
- Auditing property compliance records
- Ensuring tenant information requirements have been met
- Creating documented communication procedures
- Seeking professional advice where uncertainty exists
The landlords who adapt quickest are likely to experience fewer disputes, reduced void risks and smoother portfolio management.
Final Thoughts
The Renters’ Rights Act represents the biggest shift in the private rented sector for a generation. While the legislation aims to create greater security and transparency for tenants, it also places new responsibilities on landlords.
The mistakes already emerging are rarely the result of bad intentions. More often, they stem from relying on outdated assumptions that no longer reflect the current legal framework.
For landlords and portfolio investors, the priority should be clear: understand the new rules, strengthen compliance processes, and ensure every tenancy is managed with the level of documentation and professionalism the modern regulatory environment now demands.

