11 million renters, one set of duties for you

On 1 May 2026, every assured shorthold tenancy in England became an assured periodic tenancy. No end date. No section 21. And the same set of duties now sits on the director of portfolio whether the flat comes with a sofa or not.

That is the short answer to the question people keep searching for: do landlord responsibilities differ for furnished and unfurnished properties? Under the Renters' Rights Act, they do not. The tenancy type is the same, the information duties are the same, and the possession grounds are the same. What differs is the evidence trail — and that is where directors get caught.

The Act does not distinguish between furnished and unfurnished — but your records will

The Guide to the Renters' Rights Act applies to England and covers 11 million private renters and 2.3 million landlords. It abolishes section 21 evictions, introduces a Private Rented Sector Landlord Ombudsman and a Private Rented Sector Database, applies the Decent Homes Standard and Awaab's Law to the sector, and ends rental bidding.

None of those duties turn on whether the property is furnished. A tenant in an unfurnished two-bed in Manchester has the same right to an Information Sheet, the same protection from rent increases more than once a year, and the same access to a rent repayment order as a tenant in a furnished flat in London.

What does differ is the paper trail. Furnished properties tend to have more inventory, more condition disputes at check-out, and more deposit deduction arguments. Unfurnished properties tend to have fewer items to argue about but the same deposit protection requirements. In both cases, the court will only grant a possession order if the deposit-related conditions are met — the deposit was protected in a government-approved scheme, the tenant got the correct information, or the deposit was returned in full or with agreed deductions.

So the furnished/unfurnished question is a red herring for the statute. It is not a red herring for the audit.

What the regulator relied on: the Information Sheet deadline and the deposit trail

The guidance for landlords, published by the Ministry of Housing, Communities and Local Government on 1 May 2026, sets out the duties that matter most in the first months of the new regime. Landlords must give tenants the Renters' Rights Act Information Sheet by 31 May 2026. If the tenancy is based entirely on a verbal agreement, landlords must give the tenant written information about the key terms by the same date.

That is a fixed deadline. It does not care whether the property is furnished. It does not care whether the tenant is new or existing. It applies to every assured periodic tenancy in England.

If the Information Sheet is not provided, the landlord could receive a fine. The amount depends on the offence and the council's decision to prosecute. But the enforcement pattern is consistent: the council asks for the date the Information Sheet was served, the method of service, and the record that proves it. If you cannot produce that, the conversation moves quickly from "we sent it" to "show me."

The deposit trail is the second pressure point. The landlord overview confirms that a court will only give a possession order if one or more specified deposit-related things have happened. The deposit was protected in a government-approved scheme and the tenant got the correct information. Or the deposit was returned in full or with deductions the tenant agreed. Or the tenant challenged the landlord through the court and the case has been decided, settled or withdrawn.

For a director running a portfolio, that means the deposit certificate, the prescribed information, and the check-out deduction agreement are not back-office paperwork. They are the difference between a possession order and a court telling the tenant they can stay.

Rent increases, bidding and pets: the duties that apply to every property

The rent increase process is now called the section 13 process. Landlords must use Form 4A and give the tenant at least 2 months' notice. Rent cannot be increased more than once a year, and not in the first 12 months of a new tenancy. Tenants can challenge a proposed increase that is above open market rent.

Rental bidding is prohibited. You cannot ask for, encourage or accept offers above the advertised rent. You cannot ask for or accept a payment of rent before the tenancy agreement is signed. When it is signed, you can ask for a maximum of 1 month's rent in advance.

Pets are now a request the landlord must consider and give a reason for refusing. Discrimination against tenants on benefits or with children is prohibited. These duties apply to furnished and unfurnished properties alike.

The enforcement mechanism is the rent repayment order. If a tenant believes a landlord has committed certain offences, or if the landlord has been convicted of certain offences, they can apply to the First-tier Tribunal. If the Tribunal finds the offence proven, the landlord may be ordered to pay back up to 2 years' rent. Local councils can also apply for an RRO for rent paid by Universal Credit.

That is the number that should sit in your board pack. Not the fine. The 2 years' rent. For a portfolio of any size, that is a figure that changes the conversation.

What the inspector asks for in a residential block

In a residential block, the compliance conversation is not abstract. The building manager has the tenancy files. The facilities manager has the inspection records. The director of portfolio has the liability.

When a council officer investigates a complaint, they typically ask for the tenancy agreement, the Information Sheet service record, the deposit protection certificate, the prescribed information, the rent increase notice if any, and the correspondence about pets or repairs. In a block with a mix of furnished and unfurnished units, the officer will ask the same questions for every unit. The answers should be the same. If they are not, the inconsistency itself becomes the finding.

The Building Safety Regulator, HSE, fire and rescue authorities, local authority building control and the Environment Agency all have their own interests in residential blocks. But the Renters' Rights Act enforcement sits primarily with local councils, which now have new powers to investigate, collect and act on evidence.

For a director, the practical test is simple. If a council officer asked for the Information Sheet service record for every tenancy in your portfolio today, could you produce it before the end of the week? If the answer is no, the exposure is already live.

This is where the tenancy playbook changes matter. The old approach — rely on section 21, keep the paperwork loose, deal with problems when they arise — no longer works. The new approach requires evidence at the point of service, not at the point of dispute.

Your 60-second self-check

• Could you produce the Information Sheet service record for every tenancy in your portfolio today, with the date and method of service?
• For every deposit taken, can you show the scheme certificate, the prescribed information, and the tenant's acknowledgement?
• For any rent increase in the last 12 months, can you show Form 4A and proof of at least 2 months' notice?

The Director's Risk Check takes 5 minutes. It gives you a control score for your portfolio, the breach exposure with official sources, and a board-ready briefing you can take into your next meeting. It can be passed to a colleague to answer. Compared with the audit or the renewal conversation it prepares you for, it is the shortest part of the process. Run the free check here.

Herman's verdict

The furnished/unfurnished distinction is a question the Act does not ask. The question the council will ask is whether you can prove what you served, when you served it, and what the tenant acknowledged. If your answer depends on someone finding an email from last spring, you already know where you stand.

— Herman