Why the Renters’ Rights Act affects social landlords too

Section 69 of the 2008 act provides that accommodation is “low-cost rental accommodation” where:

(a) it is made available for rent,

(b) the rent is below the market rate, and

(c) it is made available in accordance with rules designed to ensure that it is available to people whose needs are not adequately served by the commercial housing market.

For RPs, accommodation let at social or affordable rent will clearly meet this definition. Rents are regulated and set below market levels, and tenant eligibility criteria generally reflects an inability to access suitable housing in the private market.

These properties will therefore fall within the definition of social housing and will not be affected by the reforms until the later commencement date.

What is not social housing?

Where RPs have properties let at a market rent, these will be outside the definition of social housing. The rent is typically set according to the open market and is not subject to regulatory controls or allocation rules, so does not meet the “social housing” definition.

Therefore, any RPs with market rent stock should consider their position following the changes that came into force on 1 May 2026, as these apply even though the landlord is an RP.

Many RPs also offer accommodation where the position is less straightforward.

Specialised supported housing (SSH) is expressly excluded from the Rent Standard, meaning rents are not regulated by the RSH. Rents are often higher than for comparable general needs accommodation, reflecting the level of specialist support provided.

Nonetheless, SSH is a form of “supported housing” which imports the need to be “low-cost rental accommodation” and therefore to be let below market rent, and tenants are typically individuals whose housing needs are not adequately met by the commercial market. However, each scheme will need to be assessed on its particular facts, especially where meaningful market rent comparisons are difficult to identify.

Some RPs will also manage a range of tenancies where an intermediate rent is payable, such as rent-to-buy products. Intermediate rents are set below market levels and as such most products where an intermediate rent is charged are likely to satisfy the definition of low-cost rental accommodation. They will therefore fall within the definition of social housing, although each type of tenancy and scheme will need to be assessed on its particular facts.

Consultation

On 2 April 2026, the government opened consultation on a proposed new tenure direction to the RSH, which would require the regulator to issue a regulatory standard relating to tenure, that takes into account the Renters’ Rights Act 2025.

The new standard would apply to “low-cost rental accommodation”, unless specifically exempted, as is currently the case for some tenures. The consultation runs for eight weeks until 28 May 2026.

The draft direction emphasises that RPs should generally grant the most secure form of tenure available. It also addresses the future use of fixed-term tenancies. While these will continue to be permitted for local authorities, the Renters’ Rights Act 2025 currently prohibits them more generally. It remains unclear whether a specific exception for social housing may yet be introduced.

Considerations for RPs

RPs with market rent stock will need to ensure they are compliant with the Renters’ Rights Act reforms that came into force on 1 May, including compliance with new procedural requirements such as the service of prescribed information on tenants.

RPs should also review other tenure types within their portfolios to ensure they can clearly determine whether each falls within the statutory definition of social housing now that the legislation has been implemented for private rented stock.

Sam Coward, partner and Meadow O’Connor, associate, Trowers & Hamlins property disputes team