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PRACTICE NOTES
A rentcharge is the payment of a sum of money charged on land. They can affect both freehold and leasehold estates. Typically, the owner of the rentcharge (the 'rent owner') reserves a periodic payment when a property is sold. Rentcharges were popular in Victorian times, when they were employed as a device to provide the seller of freehold land with a continuous income from the property following sale. The sums involved were not insignificant in that era, but nowadays the annual sums reserved by rentcharges are usually less than £10. They are sometimes (and incorrectly) referred to as 'ground rent' or 'chief rent'. Rentcharges are also used as a mechanism to ensure positive covenants or payments of contributions to the cost of services are enforceable against successors in title (sometimes referred to as estate rentcharges, see Practice Note: Estate rentcharges—freehold land) and ‘Estate rentcharges’ and ‘covenant-supporting’ rentcharges: Encyclopaedia of Forms and Precedents [2025]. The Rentcharges Act 1977 (RcA 1977) provides that, since 22 August 1977, only the following types of rentcharges can be created:
NEWS
Property Disputes analysis: The Renters (Reform) Bill (‘the Bill’) was introduced to Parliament on 17 May 2023, and makes several proposed changes to the relationship between landlords and tenants, including abolishing section 21 ‘no fault’ evictions, ending fixed-term tenancies, amending the grounds on which possession can be sought, and restricting rent increases. It is hoped that the Bill will create a more equitable rental market by striking a balance between protecting tenants’ rights and providing stability for landlords. Sarah Cummins, Solicitor at Anthony Gold Solicitors, examines the Bill and its potential implications.
Q&As
As a result of provisions in the Renters’ Rights Act 2025 (RRA 2025) which came into force on 1 May 2026, all existing ASTs (save for those where a section 21 or section 8 notice had already been served prior to this date) automatically became assured periodic tenancies.
PRACTICE NOTES
This Practice Note sets out a broad summary of the main changes to residential tenancies to be made by the Renters’ Rights Act 2025 (RRA 2025). Further detailed guidance will be published in due course and will be updated as further regulations adding detail and in force dates to the provisions are made. The Practice Note covers: • abolishing assured shorthold tenancies (ASTs) • assured tenancies (ATs) being periodic • termination of tenancies • rent and tenancy deposit requirements • keeping pets • implied covenants relating to fitness for human habitation and repair • discrimination in the rental market in England and Wales • assured agricultural tenancies • penalties for unlawful eviction or harassment • duties on landlords, contractors and other relevant persons relating to ATs, and financial penalties and offences for breach of those duties, and • guarantor liability • redress scheme for private sector landlords • private rented sector database • rent repayment orders • sanctions, including financial penalties for breach of anti-discrimination, stated rent and bidding, landlord redress and landlord database provisions • local housing authority (LHA) enforcement duties • LHA
NEWS
The CIOT has published a news item on the Renters’ Rights Act 2025 and SDLT on residential leases.
PRACTICE NOTES
This Practice Note lists all Renters’ Rights Act 2025 (RRA 2025) related legislation and summarises the provisions, states whether or not it is applicable in England or Wales or both and contains links to relevant guidance. Legislation is listed in reverse chronological order. RRA 2025 introduces key reforms including abolition of assured shorthold tenancies and fixed term assured tenancies under the Housing Act 1988 (HA 1988), replacing them with periodic assured tenancies, new rules for termination, rent and deposit requirements, rights to keep pets, implied covenants relating to fitness for human habitation and repair, anti-discrimination measures, new landlord duties and sanctions for non-compliance, redress and database schemes, and local housing authority investigatory powers. For more detailed guidance in respect of RRA 2025, see Practice Note: Renters' Rights Act 2025—key provisions. Legislation Name of legislation Applicable in England or Wales or both Summary The Private Landlord Redress Schemes (Approval and Designation) Regulations 2026, SI 2026/1033 Applicable in England in respect of specified provisions which have been brought into force. These Regulations make provision for the
PRACTICE NOTES
The Renters’ Rights Act 2025 (RRA 2025) implements significant reforms to the residential tenancies sector. While the reforms in the RRA 2025 are highly significant for real estate lawyers, its provisions will also be relevant to banking and finance lawyers working on certain types of real estate finance transactions, such as build to rent transactions, student accommodation financing and social housing finance. Real estate finance lawyers working in those areas will need to be familiar with the key changes being brought about by the RRA 2025 and how this might impact finance transactions. The RRA 2025 applies to properties in England. It does not extend to Wales as housing is a devolved matter in Wales. However, note that RRA 2025, ss 43–49 include anti-discrimination provisions relating to the rental market in Wales. This Practice Note explains the key provisions of the RRA 2025 and how they might impact on real estate finance transactions, focusing on build to rent portfolios, student accommodation and social housing in England. For
NEWS
The Ministry of Housing, Communities and Local Government (MHCLG) has announced that the Renters’ Rights Bill has progressed to the Second Reading stage in Parliament, less than a month after its initial introduction.
NEWS
The Ministry of Housing, Communities and Local Government (MHCLG) has announced that the Renters’ Rights Bill has progressed to its report and third reading stage in Parliament. Key new amendments to be debated include new rules to cap advance rent payments at one month’s rent, preventing landlords from demanding multiple months’ rent upfront as a condition for securing a home. Another amendment seeks to safeguard bereaved guarantors from being forced to pay rent for the remainder of a tenancy following a tenant’s death, ensuring that they are not held liable for extended periods of rent.
NEWS
Property Disputes analysis: This latest decision follows the earlier (November 2024) judgment in Coastal Housing Group and others concerning social housing in Wales. The 2024 judgment dealt with the claimant landlords’ claims for declarations. The second part of the case dealt with the counterclaims brought by three contract-holders about the consequences of the landlords’ failure to give them electrical condition reports following the coming into force of the Renting Homes (Wales) Act 2016. The court held that if contract-holders had paid rent (rather than withheld it) the claimant landlords did not have to pay it back in relation to the period of breach. Written by Sarah Salmon, barrister at Cornerstone Barristers, who acted for the claimant landlords.
PRACTICE NOTES
The Renting Homes (Wales) Act 2016 (RH(W)A 2016) received Royal Assent on 18th January 2016 and came into force on 1 December 2022. RH(W)A 2016 substantially reformed the way in which properties in both the public and private sectors are let in Wales. It replaced various and complex pieces of legislation with one legal framework with the aim of making the process simpler and easier and providing flexibility and transparency. Guidance on renting homes has been produced by the Welsh Government and is available here. Note that this Practice Note is primarily aimed at private sector landlords and tenants (who would previously have entered into assured or assured shorthold tenancies) although many of the provisions of RH(W)A 2016 covered in this note apply to both public and private sector lettings. For further content on public sector lettings, see Practice Notes: Renting Homes (Wales) Act 2016—when are occupation contracts secure? and Renting Homes (Wales) Act 2016—terms of secure contracts. The occupation contract Secure and standard contracts RH(W)A 2016 replaces nearly all previous
PRACTICE NOTES
The Renting Homes (Wales) Act 2016 (RH(W)A 2016) substantially reformed the way in which residential properties in Wales are let and replaced nearly all existing residential tenancies and licences with an ‘occupation contract’. Landlords under occupation contracts must provide their tenants, or ‘contract-holders’, with a written statement of the terms of the occupation contract at the start of the contract (or before 1 June 2023 in the case of existing tenancies which were converted into occupation contracts). RH(W)A 2016 sets out certain mandatory provisions which must be contained