Rental accommodation
Rental accommodation is any residential property let by a landlord to a tenant as their home in return for rent. It encompasses the full range of private residential letting arrangements, whole houses, self-contained flats, rooms within shared properties, and in some cases lodger arrangements where the landlord is also resident, and may be furnished, part-furnished, or unfurnished. The term is used descriptively rather than as a precise legal category. The legal framework that governs the letting is determined not by whether it is called "rental accommodation" but by what type of tenancy or licence it creates.
In most private residential letting arrangements in England, the occupier is an assured periodic tenant under the Housing Act 1988 as amended by the Renters' Rights Act 2025. From 1 May 2026, all assured tenancies in the private rented sector are assured periodic tenancies, fixed terms are abolished and Section 21 no-fault notices cannot be served. A resident landlord letting a room within their own home typically creates a licence rather than a tenancy, which carries different legal consequences for both parties.
What makes accommodation "rental" in a legal sense
The defining feature is that the occupier is paying rent in return for the right to occupy the property as their home. Where that right amounts to exclusive possession, the ability to exclude others, including the landlord, the arrangement is almost certainly a tenancy regardless of what the agreement calls it, following the principle established in Street v Mountford [1985] AC 809. The label applied to the arrangement matters less than its substance.
Rental accommodation in the private rented sector sits within a regulated framework that applies regardless of what the tenancy agreement says. A landlord cannot contract out of the obligations imposed by the Landlord and Tenant Act 1985, the Housing Act 1988, the Homes (Fitness for Human Habitation) Act 2018, or the Renters' Rights Act 2025. These statutory obligations cover repairs, habitability standards, safety certificate requirements, deposit protection, right to rent checks, and possession and rent increase procedures.
What the landlord must provide
A landlord offering rental accommodation in England must ensure the property meets the Homes (Fitness for Human Habitation) Act 2018 standard at the start of the tenancy and throughout. This means addressing any hazard that makes the property unsafe or unsuitable to live in, including serious damp and mould, inadequate heating, structural instability, and electrical or gas safety risks. The Decent Homes Standard is being extended to the private rented sector through secondary legislation under the Renters' Rights Act 2025, which will establish minimum physical standards for private rented homes.
Safety certificates, a valid gas safety certificate, EICR, and EPC, must be provided to the tenant before the tenancy begins. A tenancy deposit must be protected in a government-approved scheme within 30 days of receipt. A right to rent check must be carried out before the tenancy starts. The government's How to Rent guide must be provided at the commencement of every new tenancy.
The rental accommodation landscape post-Renters' Rights Act
The Renters' Rights Act 2025, in force from 1 May 2026, changed the landscape for all rental accommodation in the private rented sector in England. The most significant changes are: the abolition of fixed-term assured shorthold tenancies and Section 21 no-fault notices; the conversion of all existing assured tenancies to assured periodic tenancies; the requirement to use Section 8 and specific grounds for possession for all landlord-initiated possession claims; and the standardisation of rent increases through the Section 13 process, limited to once per year with at least two months' notice.
The Act also requires landlords to join the Private Rented Sector Ombudsman once operational, and to register on the PRS Database on a phased timeline. Registration on the database will be a prerequisite for using most Section 8 grounds once it is live.
For a full explanation of the landlord's legal duties in relation to rental accommodation, covering repairs, safety, deposit protection, possession, and rent increases, see the August definition of the landlord. For the broader regulatory framework within which private rental accommodation operates, see the August definition of the private rented sector.
August is built for landlords who self-manage rental accommodation, covering rent tracking, compliance certificates, document storage, and maintenance reporting in one place.
Landlords preparing for tenant viewings should read the August guide to tenant viewing questions, covering what prospective tenants are most likely to ask about the property and the tenancy terms.
Frequently asked questions
What is rental accommodation?
Rental accommodation is any residential property let by a landlord to a tenant as their home in return for rent. The term covers the full range of private residential letting arrangements, including houses, flats, rooms, and some lodger arrangements, and is used descriptively rather than as a legal category. The legal framework that governs the letting depends on the type of tenancy or licence created, not on what the arrangement is called.
What is the difference between a tenancy and a licence in rental accommodation?
A tenancy gives the occupier exclusive possession — the right to exclude others, including the landlord — and is the standard arrangement for most rental accommodation in the private rented sector. A licence does not give exclusive possession and is typically used where a resident landlord lets a room within their own home. Tenants have substantially stronger legal protections than licensees, including security of tenure under the Housing Act 1988 and the Renters' Rights Act 2025.
What are the minimum legal standards for rental accommodation in England?
Rental accommodation must be fit for human habitation at the start of the tenancy and throughout, under the Homes (Fitness for Human Habitation) Act 2018. The landlord must provide a valid gas safety certificate, EICR, and EPC before the tenancy begins, and protect any deposit in a government-approved scheme within 30 days. The property must meet the Housing Health and Safety Rating System standards, and from 1 May 2026, landlords must also comply with the Renters' Rights Act 2025 requirements on possession, rent increases, pet requests, and non-discrimination.
