PIMS Helpline Daily Queries Q&A
Renters’ Rights: Recent Helpline Questions from Landlords and Agents
The PIMS helpline is receiving practical questions from landlords and agents as the Renters’ Rights changes begin to affect real tenancy decisions. Below are examples of recent queries and the guidance given.
Member Query: “My tenant wants to pay six months in advance”
Helpline guidance: This is not permitted where it would breach the Renters’ Rights Act rules on rent in advance. Once the tenancy has commenced, rent should not be required before the rent due date, and landlords or agents must not induce or encourage the tenant to pay rent early.
A tenant may choose to pay voluntarily, but the landlord or agent must be careful not to create pressure, expectation or requirement.
Member Query: “MY COUNCIL HAVE SENT LETTERS SAYING SERVE GUARANTORS RENTERS RIGHTS INFORMATION SHEET - ”
Leicester Trading Standards have sent a letter to ALL letting agents saying
"serve a Government Information Sheet on to all tenants and guarantors"
Their letter is so reassuring and supportive ad goes on to say
Officers of Leicester City Council have duty to enforce the Act and pursuant to this may from time to time make unannounced visits to your premises to monitor/assess compliance with it. Enforcement powers granted to us, empowers us to issue financial civil penalties for breaches in sums between £7,000 to a maximum of £40,000 depending on the breach. You may also be liable to prosecution."
Helpline guidance: there is NO statutory requirement to provide the Guarantor the Renters Rights Information Sheet, It is accepted they are party to the agreement - The law is explicit serve on each named Tenant a Guarantor cannot be a Tenant for the property is not their principle residence so they cannot be a tenant.
- PIMS EXTRA PROTECTION - If Leicester or any other council want to police with an excessive arrogance then simply issue the Renters Rights Sheets to the Guarantor as a matter of rear guard action. PIMS cannot see how they could enforce - their poor Guidance. if you seek clarity from the author of their letter ring Noel Cazley, Trading Standards Officer, Leicester City Council 0116 454 3200
PIMS FINAL NOTE as a preventive measure you may elect to provide a copy
Member Query: “My tenant is in prison. Can I get them to surrender the tenancy?”
Helpline guidance: This can be very complicated. Any surrender must be voluntary and free from duress. A tenant in custody may also be advised not to surrender because they may need a bail address or future accommodation position.
The member was directed to the PIMS guidance and letter on negotiating surrender.
Student Let Query: “Students have a fixed term tenancy until August 2026 and have given two months’ notice”
Helpline guidance: Where all tenants wish to vacate, the Renters’ Rights framework allows tenants to give two months’ notice and end the tenancy, provided they all vacate and vacant possession is given.
In practical terms, the students are right. The landlord may then face a void period before the next student intake, together with possible council tax liability. PIMS expects this issue to become increasingly common in student lets over the summer months.
Further Student Let Query: “Only three of six tenants want to leave”
The same member then raised a more complicated issue. Three of the six tenants wished to leave, and parents were also contacting the agent asserting what they believed were rights under the Act.
Helpline guidance: The tenants may be able to give two months’ notice, but joint tenancy, vacant possession, assignment, surrender and guarantor liability must all be considered carefully.
The PIMS Renters’ Rights Compliant Tenancy Agreement explains the position clearly. In summary:
The tenant may end the tenancy by giving two months’ written notice to the landlord.
Where there is more than one tenant, any one tenant may give notice, which can end the tenancy for all tenants.
The notice must state the date on which the tenant intends to give up possession of the property.
The tenancy will end when vacant possession is given. This includes removing all personal belongings, returning all keys, and ensuring that no joint tenants or other persons remain in occupation.
Where there is more than one tenant, the tenants are jointly and severally liable. A tenant may not assign, transfer or surrender their interest in the tenancy without the landlord’s prior written consent.
Although the PIMS agreement may not have been the agreement used when the original tenancy was signed, the principles remain important. A landlord or agent cannot simply allow some joint tenants to leave and then impose the full obligations on the remaining tenants without considering the legal and practical consequences.
Equally, tenant parties cannot simply give the landlord an ultimatum. Where there are strong guarantors, the landlord’s negotiating position may be stronger.
Members dealing with tenant changes, assignment or early leaving issues should also review the PIMS guidance on tenants leaving early and assignment.
Member Query: “Can I still serve a Section 21 Notice before 4.30pm on 1st May?”
Helpline guidance: From 1st May 2026, Section 21 is no longer available. A landlord who had not validly served a Section 21 notice before the relevant commencement point has lost the right to rely on that route.
If a Section 21 notice had already been validly served before May 2026, different transitional considerations may apply. Members should review the PIMS Section 21 Notice Guide.
This is a good example of why landlords should not rely on internet commentary or social media summaries when time limits and transitional rules are involved.
Need help with Renters’ Rights queries?
These examples show how quickly a simple tenancy question can become a legal and tactical decision. PIMS members should contact the helpline before acting where rent in advance, surrender, student lets, joint tenants, guarantors or possession notices are involved.
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