This guide covers the law in England.
Tenant referencing for landlords has not gone away under the Renters' Rights Act. It matters more. Phase one of the Act started on 1 May 2026, and with fewer ways to end a tenancy, the best protection for your rent is choosing well at the start.
Here is what you can still do, what has changed, and how we would approach it.
What you can still check
The government's landlord guidance is clear: you can still carry out referencing and affordability checks, and ask for a guarantor if needed.
A sound referencing process normally covers:
- Identity and right to rent
- Credit history
- Affordability, based on proof of income
- Employer and previous landlord references
- A guarantor, where the tenant's own income doesn't stretch far enough
What has changed in how you let
One advertised rent
Rental bidding is banned. Adverts must show a specific rent, and you cannot ask for, encourage or accept offers above it. Set the rent properly before you advertise, using local evidence.
No more than one month in advance
You can't take rent before the tenancy is agreed. After agreement and before move-in, the initial rent can be up to one month's rent. You can't require more, though a tenant may choose to pay early.
This is a real change for landlords who used to ask for several months upfront. See the GOV.UK guidance on rent in advance and deposits.
Children and benefits
You cannot do anything to make a tenant less likely to rent a home because they have children or receive benefits. That includes holding back details, blocking viewings or refusing a tenancy on that basis. Read the GOV.UK rental discrimination guide.
Our view: judge every applicant on whether the rent is affordable and the references are sound, and treat everyone the same way.
Why choosing well matters more now
For rent arrears, the main mandatory ground (Ground 8) now needs three months' rent unpaid, or 13 weeks if rent is paid weekly. The notice period before a claim has risen from two weeks to four, according to Shelter's professional guidance.
That is a longer runway. It is one more reason to spend time on referencing and to act early on any late payment.
A simple referencing routine
- Set one realistic rent, based on local lettings data.
- Ask every applicant for the same documents.
- Check income against the rent, and consider a guarantor if there is a gap.
- Take up employer and landlord references.
- Confirm right to rent before the tenancy starts.
- Keep a short written record of how you decided.
Acting early if rent is late
Most arrears are easiest to solve in the first few days. A friendly call, a clear record of what is owed and a quick look at what is going on will often sort it out.
If it doesn't, a correctly worded notice matters. Notices served before 1 May used the old rules, and Shelter notes that the wording of Ground 8 has changed. Old templates can cause problems, so use current forms and ask a solicitor if you are unsure.
How AH&L can help
- We find and fully reference tenants: credit, right to rent, affordability, and landlord and employer references.
- With Fully Managed, we collect rent, act on arrears early and handle Section 8 notices.
- We can set the right rent with a free rental valuation based on live local lettings data.
See our landlord services, or get in touch for a friendly chat. This article is general information, not legal advice.
Common questions
Can I still reference tenants under the Renters' Rights Act?
Yes. GOV.UK says you can still carry out referencing and affordability checks and ask for a guarantor if needed.
How much rent can I ask for in advance?
For tenancies from 1 May 2026, no more than one month's rent, taken after the tenancy is agreed and before it starts.
Can I refuse a tenant who receives benefits?
You can't do anything to make someone less likely to get the home because they receive benefits or have children. Assess affordability and references instead.
Can I accept a higher offer on the rent?
No. Rental bidding is banned. Advertise one rent and don't ask for or accept offers above it.
Sources and further reading
Related guides
Correct at 9 November 2026. This post is general information, not legal or financial advice. Rules change, so please check your own situation or ask us.