Re-renting

Re-renting is the process of letting a rental property to a new tenant after the previous tenancy has ended and the landlord has recovered vacant possession. It covers the full cycle from confirming the previous tenancy has lawfully concluded, through compliance checks, advertising, referencing, and check-in, to the new tenancy taking effect. Under the Renters' Rights Act 2025, in force from 1 May 2026, several duties that were previously periodic have become specifically triggered at every new letting, most notably the requirement to provide each new tenant with a written statement of key terms before the tenancy is agreed.

Confirming the previous tenancy has ended

Before marketing or agreeing a new tenancy, the landlord must have vacant possession, lawful, uncontested recovery of the property with the outgoing tenant's belongings removed and keys returned. Under the Renters' Rights Act framework, the previous tenancy will have ended in one of three ways: the tenant gave valid two months' written notice and vacated; the parties agreed a documented surrender, ideally by a deed of surrender confirmed by return of keys; or the landlord obtained and enforced a possession order on a statutory ground under Section 8 of the Housing Act 1988.

Where the previous tenancy ended via a possession order on Ground 1 (landlord or family member intending to occupy) or Ground 1A (intention to sell), there are re-letting restrictions. A landlord who obtains possession on Ground 1 and then re-lets rather than occupying the property may face a civil penalty. For Ground 1A, re-letting restrictions apply for a period after possession is obtained, to prevent landlords from cycling tenants out under a pretence of sale. Landlords should take advice before re-letting a property where either ground was used.

Compliance reset at re-renting

Re-renting is the point at which compliance duties are reviewed and, where necessary, renewed. Before marketing the property, landlords should confirm:

Gas safety certificate (CP12): Required annually for all properties with gas appliances. If the certificate has expired during the void period, it must be renewed before marketing. A valid certificate must be provided to the new tenant on or before move-in day.

Electrical Installation Condition Report (EICR): Required every five years and at each change of tenancy in England. Re-renting triggers a fresh review, if the existing EICR is less than five years old it does not need renewing, but if it is at or approaching five years, renewal before re-letting is prudent.

Energy Performance Certificate (EPC): Valid for ten years. The property must have a minimum rating of Band E to be lawfully let. The EPC must be provided to prospective tenants before any viewing.

Smoke and carbon monoxide alarms: At least one working smoke alarm on every storey used as living accommodation, and a carbon monoxide alarm in every room with a solid fuel appliance or gas boiler. These should be tested at the start of every new tenancy.

Fitness for human habitation and property standards: The property must meet the requirements of the Homes (Fitness for Human Habitation) Act 2018 and the Housing Health and Safety Rating System. Any Category 1 hazards, including damp, mould, and excess cold, must be remedied before re-letting.

August's compliance checklist tracks gas, EICR, EPC, and alarm status across a portfolio, sending reminders before certificates expire so that every re-renting cycle begins with compliance already confirmed.

New obligations for new tenancies from 1 May 2026

Every new tenancy started on or after 1 May 2026 must be an assured periodic tenancy, open-ended, with no fixed term. Landlords cannot agree a fixed-term tenancy. The new tenancy will roll from month to month (or week to week if rent is paid weekly) until either the tenant gives two months' written notice or the landlord obtains possession on a statutory ground.

From 1 May 2026, landlords must also provide every new tenant with a written statement of key terms before the tenancy is agreed. The written statement must include the rent amount and due date, deposit amount and protection details, the landlord's name and contact address, repair responsibilities, and a statement that rent increases will be served using the Section 13 (Form 4A) process. This is a distinct legal duty under the Renters' Rights Act, it is not satisfied simply by having a tenancy agreement, though the information can be included within the agreement rather than in a separate document.

For the requirements around the written statement and what a compliant new tenancy agreement must include, see the August guide to tenancy agreements in 2026.

Deposit, referencing, and check-in

The new tenancy deposit must be protected in a government-approved scheme within 30 days of receipt, and the prescribed information must be provided to the new tenant within the same 30-day window. A new holding deposit of up to one week's rent may be taken once the tenant has been selected, but must be refunded or credited against the tenancy deposit within 15 days unless a permitted deduction applies.

Right to Rent checks must be completed for every adult who will occupy the property as their main home, verified before the tenancy agreement is signed. A new check-in report, including recording the condition and contents of the property at the start of the new tenancy, should be prepared and signed by both parties, as this is the baseline document for any future deposit deduction dispute.

Where an outgoing tenant left early and the landlord incurred costs during the void period, see the August definition of re-letting for how those costs can be claimed and the rule that prevents double-charging once a new tenant is in place.

For the full step-by-step guide to every compliance check, document, and legal duty that applies when re-renting a property in 2026, see the August landlord checklist for renting a house.

Frequently asked questions

Does the deposit need to be re-protected when a new tenant moves in?

Yes. Each new tenancy requires a fresh deposit protection. The deposit for the incoming tenant must be protected in a government-approved scheme within 30 days of receipt, and prescribed information served on the new tenant. Protection from the previous tenancy does not carry over.

Does the EICR need to be renewed at every re-letting?

In England, an EICR is required every five years and at each change of tenancy. If the existing report was completed within the last five years and has no unsatisfactory findings, it does not need to be renewed solely because of the change of tenant, but a copy must be given to the new tenant before or at move-in. If the report is at or near five years old, renewal before re-letting is advisable.

What is the written statement of terms and when is it required?

From 1 May 2026, landlords must provide all new tenants with a written statement setting out the key terms of the tenancy before the tenancy is agreed. This includes the rent, due date, deposit amount, landlord contact details, repair responsibilities, and a statement about the Section 13 rent increase process. It can be included in the tenancy agreement itself rather than issued as a separate document.

Can I re-let immediately after using Ground 1 or 1A to obtain possession?

Not without risk. If a landlord obtained possession on Ground 1 (occupation by landlord or family) and then re-lets rather than occupying, they face civil penalties. Ground 1A (intention to sell) comes with restrictions on re-letting during a prescribed period after possession. Landlords who have used either ground should take specific advice before marketing the property to a new tenant.