Your rights · 5 min read
Property guardians and the Renters' Rights Act: what changed in 2026 and what didn't
Most of the 2026 changes are for tenants, not guardians on a licence. Here's what reaches you, what doesn't, and what stays the same.
Facts checked 27 October 2026
- Of payments back, for offences since 1 May 2026
- 2 years
- Of payments back, for offences since 1 May 2026
Say you read that renters now get 2 months' notice and can't be evicted without a reason. Then the firm that runs your building writes: your licence ends in 4 weeks.
Which rules are yours? The Renters' Rights Act 2025 changed renting in England from 1 May 2026. But most of it is for tenants, and most property guardians are not tenants: they sign a licence.
Licence or tenancy: why it matters here
Most guardians sign a licence, which gives fewer rights than a tenancy.
The name on the paper doesn't decide it. If you have the place to yourself in law ("exclusive possession"), it is a tenancy even if it says licence.
But the Court of Appeal in 2021 upheld a guardian licence where the firm could move the guardian and had to hand the building back when asked.
The Renters' Rights Act does not mention property guardians. Most of it changes assured tenancies, the normal private tenancy in England. So for most guardians, the question is simply: does this part cover licences?
What changed for tenants
From 1 May 2026, tenants on assured tenancies got these changes. Here is how each one lands for a guardian on a licence.
| Change | Tenants | Guardians on a licence |
|---|---|---|
| No more section 21. Tenants can no longer be evicted by the "no fault" section 21 process. Landlords now need a reason (a ground). | Yes | No |
| Rolling tenancies. Most existing assured shorthold tenancies became rolling (periodic) ones. | Yes | No |
| 2 months' notice to leave. A tenant who wants to go gives 2 months' notice. | Yes | No |
| No refusing children or benefits. Landlords can't turn people away because a child would live there or because they claim benefits. | Yes | No |
| No rent before signing. Landlords can't take rent before the tenancy is signed. | Yes | No |
| Rent rises once a year. Rent can go up only once a year, and not in the first 12 months. | Yes | No |
| An Ombudsman and a database. A landlord complaints service and a register of landlords are coming in stages. Joining the Ombudsman is expected to become compulsory for landlords in 2028. | Yes | Not yet |
Why most of it skips guardians
Each of those rules is written for assured tenancies.
- The rules on children and benefits only cover a "relevant tenancy", meaning an assured tenancy.
- The rent-before-signing ban says "the tenancy is an assured tenancy".
- The Ombudsman and database cover assured and older regulated tenancies, with a power to add licences later.
That was a choice. In 2023 the government told MPs it would start with tenancies and might widen it later.
In July 2026 a minister was asked about guardian firms refusing people on Universal Credit. The answer: these measures "do not apply to licenses to occupy". The government's new eviction guide also says it does not cover people on a licence.
What does reach guardians
Bigger rent repayment orders
A tribunal can order payments back if, for example, a shared building had no licence it needed. For these orders a licence counts as a tenancy.
For offences since 1 May 2026, an order can cover up to 2 years, not 12 months. It can be made against a superior landlord (someone higher up the chain, such as the firm's own landlord). See our guide to rent repayment orders.
A wider offence for unlicensed shared buildings
The Court of Appeal in 2023 said a guardian building can be a house in multiple occupation (HMO: a home shared by people from different households).
The offence of running one without a licence now also covers licensors and anyone with a superior interest. See is a guardian building an HMO?
£40,000 fines for illegal eviction
Locking you out or threatening you to make you leave is likely a crime, licence or not. Councils can now fine up to £40,000 instead of going to court.
What stays the same
4 weeks' notice
A rolling licence still needs at least 4 weeks' notice in writing, from you or the firm. A shorter period in the agreement is overridden.
A fixed-term licence can end on its end date without notice.
A court order
If you don't leave when the notice ends, the firm usually has to go to the County Court.
The Tenant Fees Act
It still covers licences: deposits are capped and most fees are banned. See deposits and fees.
No deposit scheme
Guardian deposits still don't have to be protected in a government scheme.
Price rises
Your fee goes up however your agreement says. The once-a-year rule is for tenants. See how guardian prices have changed.
Wales and the rest of the UK
Questions people ask
Do property guardians now get 2 months' notice?
No. The 2-month rule is for tenants on assured tenancies. On a rolling licence the minimum is still 4 weeks in writing.
Can a guardian firm refuse me because I'm on benefits?
The new ban does not cover licences, the government confirmed in July 2026. Rules differ from firm to firm, so check each one on our companies page.
Does the end of section 21 help guardians?
Not directly. Section 21 was for tenancies. A firm can still end a licence without a reason, but it must give proper notice and usually needs a court order if you stay.
Can I get money back if my building needed an HMO licence?
Possibly. Guardians can apply for a rent repayment order. Since 1 May 2026 you can apply if the offence was in the 2 years before you apply.
Will the Ombudsman take my complaint about a guardian firm?
Not as things stand. It covers assured and regulated tenancies. Licences could be added later by regulations.
Thinking of signing? Read the before-you-sign checklist, the plain-words guide to property guardianship, the firms and their rules, the other guides, or browse every listing.
General information, not legal advice. It describes the law in England on 27 October 2026. Which rights you have depends on your exact agreement. For advice, contact Shelter, Citizens Advice or a local housing advice centre.