23 Apr 2026
Now is the time to do what you have been putting off for years, assessing your tenancies and the viability and bother they are, because between now and 01 May 2026 every landlord must carry out a full audit of every tenancy file because once Section 21 is gone, paperwork becomes the case. This is not administration; it is legal survival.
01 May 2026 onwards, possession, defence, and enforcement all hinge on what can be produced on paper and if it is not documented, it did not happen, that is the standard that will be applied.
Every tenancy file must be complete, consistent, and capable of being put in front of a judge without hesitation, and the starting point is the tenancy agreement.
It must be the correct version, properly executed, and clearly setting out the obligations on the tenant, and outdated agreements with vague clauses will fail under scrutiny and if the agreement was weak, the case is weak.
Deposit protection must then be checked properly; it is not enough to assume it was done. The protection certificate must exist and the prescribed information must have been served correctly and provably. If this is wrong, it creates immediate exposure and undermines any future action.
Gas safety records must be present and correctly issued and there must be a clear trail showing that certificates were provided at the right time.
Energy performance certificates must also be in place and evidenced as having been given.
Right to rent checks must be documented clearly with dates and copies retained.
This is where many landlords will already start to fall short.
Documents that exist somewhere but cannot be located quickly or confidently that is not good enough from 01 May 2026.
Everything must be centralised and accessible and communication records must also be reviewed, emails, messages, complaints, and responses must be retained in a structured way. If a tenant has raised issues and there is no clear response recorded, that will be used against the landlord. If warnings have been given verbally but not recorded, they will not exist in a legal sense.|
Rent schedules must be accurate and up to date and there must be a clear record of what is due, what has been paid, and what remains outstanding. Guesswork or reconstructed figures will not survive challenge.
Inspection records are equally important, and there must be evidence that the property has been checked and maintained. If disrepair is alleged and there is no inspection history, the landlord is immediately on the back foot and this is the difference between managing property and running a compliant operation.
From 01 May 2026, landlords are expected to operate like businesses with systems, not individuals with files scattered across emails and folders and the audit process must be ruthless and honest so if something is missing, it must be identified now, not when it is needed in court as some issues can be corrected and others cannot.
Knowing the difference is critical. This process also highlights risk.
A tenancy with poor documentation is a tenancy that will be difficult to control under Section 8 and that means decisions may need to be taken now rather than later and the objective is simple; every tenancy file must be capable of being handed over and relied upon without explanation or apology if that standard is not met, the landlord is exposed.
Between now and 01 May 2026 there is a narrow window to get this right and after that, the expectation is that it is already done.
Find the government RRA Information Sheet to issue to tenants here: rentersrightsinfo.co.uk
Book a 30 minute personal consultation call with Property Legislation Expert Des Taylor here
