The Renters Rights Act 2025 so far has had little impact on protected and statutory tenancies. These are tenancies which originated before 15 January 1989 and so come under the jurisdiction of the Rent Act 1977.
As no new protected tenancies have been created since 15 January 1989, they are a diminishing category of tenancy.
Indeed, many people are unaware that they exist.
However, a significant number remain—and because of their extensive security of tenure and succession rights, they are likely to be with us for some time.
The forthcoming Decent Homes Standard
Although the Renters Rights Act has changed practically nothing for protected tenants so far, this is likely to change with the coming into force of the new Decent Homes Standard.
The government confirmed in January 2026 that the new standard will apply to the social and private rented sectors from 2035. The standard itself has now been published, although further detailed guidance and implementing arrangements are still awaited.
It is intended to apply to protected tenancies as well as assured and social tenancies. Although this is subject to regulations we have not seen yet.
Some landlords may consequently have to undertake substantial works, particularly where properties have not been modernised for many years.
This will present a problem for protected tenants.
The current limits on fair rents
All protected tenants (and their landlords) can apply to have a ‘fair rent’ registered, which then is the only rent which can be charged.
Fair rents were initially intended to be based on market rents, but with important statutory adjustments—including the assumption that there is no substantial excess demand for similar accommodation in the wider locality.
However, from the 1970s onwards, with most tenancies protected, fewer true market rents were available for comparison. So rents tended to drift down and down.
Only after the 1988 Housing Act came into force, when landlords could set market rents, did rent officers have more open-market evidence available. Fair-rent assessments consequently began to rise, sometimes dramatically.
This caused great distress and hardship to protected tenants, many of whom were elderly and on fixed incomes.
As discussed in my post here, the government responded by passing the Rent Acts Maximum Fair Rent Order in 1999, which limited the amount by which a fair rent could be increased.
This greatly annoyed many landlords, and the legislation was challenged in the courts in a case which was eventually unsuccessful. However, the regulations undoubtedly helped many elderly tenants who otherwise would have been in difficulties.
The exception to the rule
The Maximum Fair Rents Order did have one exception though – it does not apply where landlord-funded repairs or improvements have changed the condition of the property, and that change alone would have increased the previously registered rent by at least 15%.
At the moment I understand that many protected tenants resist landlord improvements because they fear the works will lead to an unaffordable rent increase.
However, once the Decent Homes standards come into force, landlords will not be able to ignore this or respect tenants’ wishes. They will have to comply or risk enforcement action by the Council.
I can see this creating enormous problems for their tenants. Not unnaturally, landlords will want some reward for the works they will be obliged to carry out, which in many cases will be expensive.
However, the resulting rental increase could result in tenants falling into arrears and maybe risking eviction and even homelessness.
Housing benefit may assist some tenants, but many elderly tenants may be unaware of this or unwilling to apply.
How can the government guard against this happening?
There are a few options:
- amending the Maximum Fair Rent Order for works required solely to comply with new statutory standards;
- phasing any resulting rent increases;
- providing grants or low-cost finance for landlords;
- providing targeted financial assistance and benefits advice for affected tenants; or
- issuing clear guidance on how compulsory works interact with the fair-rent regime.
However, I can see strong objections from landlords to any restriction on rents, and indeed it is unfair to expect them to carry out expensive works with little or no resultant rent increase.
And finally
Improving housing conditions is of course desirable, as are the energy efficiency improvements which will also help tenants save on energy bills and enable them to have warmer and safer homes.
However, if the overall result is to increase rents and make them unaffordable for elderly tenants, then this needs to be reconsidered.
If requiring a landlord to improve a protected tenant’s home results in that tenant facing an unaffordable rent increase, one serious housing problem will simply have been replaced by another.
There is still time to address this before the Decent Homes Standard takes effect in 2035. Hopefully, the government will do so.
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