## Power Shifts Before a Tenancy Begins

Before a tenancy starts, landlords retain most of the power. Prospective tenants require the landlord’s permission to occupy the property, meaning landlords can set conditions such as signing specific tenancy agreements or providing guarantors. This stage allows landlords to dictate terms, except in cases where tenant demand is high and landlords struggle to find suitable applicants, which may provide tenants with some negotiating leverage.

For landlords, this means ensuring tenancy agreements are carefully drafted from the outset to avoid disputes later. The initial contract sets the foundation for the tenancy, and landlords should be mindful that any errors or overly restrictive clauses could complicate matters once the tenancy is underway.

## Tenant Empowerment During the Tenancy

Once a tenancy is active, the balance of power largely shifts towards tenants. The Renters’ Rights Act abolishes the Section 21 ‘no-fault’ eviction, meaning landlords can only regain possession through specific grounds under Section 8. Without valid grounds, tenants gain security of tenure and can enforce their legal rights, particularly regarding property conditions.

This change removes the threat of ‘retaliatory eviction’ that some landlords previously used to discourage tenant complaints. Tenants can now confidently report issues to their local authority, which, from 1 May 2026, will be legally required to enforce landlord standards. This development increases the likelihood of action against poor or rogue landlords.

Landlords will also face challenges when seeking to renew agreements or obtain new guarantees, as all tenancies become periodic with no fixed-term renewals. Tenants may refuse to sign new documentation, complicating rent increases or changes to tenancy terms. Notably, an 1878 legal precedent (Holme v Brunskill) means that if a tenancy contract is varied without a guarantor’s consent, the guarantee may be discharged. Landlords should consider updated guarantee deeds designed to withstand such changes.

Additionally, landlords’ powers to impose rent hikes, ban pets, or dictate move-out dates are now more limited and regulated. While these actions remain possible, they must comply with stricter legal conditions, requiring landlords to be more cautious and informed in managing tenancies.

## After a Tenant’s Notice to Quit: Landlord Leverage Returns

When a tenant serves a notice to quit, landlords regain significant control. The tenancy ends at the notice period’s conclusion, and if tenants fail to vacate, landlords can evict without defence, provided the tenancy has indeed ended. This stage allows landlords to require tenants wishing to stay to sign new agreements and provide fresh guarantees.

However, landlords must avoid inadvertently creating a new tenancy by accepting rent payments after the notice period. To maintain their position, any rent received should be accepted as ‘mesne profits’—compensation for occupation without forming a new tenancy. Guidance on managing this process is available through specialist landlord law services.

## Conclusion: Understanding When Power Lies with Landlords or Tenants

The Renters’ Rights Act 2025 creates a dynamic power balance that shifts depending on the tenancy stage. Landlords hold greater influence before a tenancy begins and after a tenant’s notice to quit but face reduced authority during the tenancy itself. Recognising these shifts is crucial for landlords and agents to manage tenancies lawfully and effectively in the evolving private rented sector.