Hi there! I’m Daniel Butterworth. If you’ve been letting property in Torquay, Paignton, or Brixham for a while, you’ll know that the "English Riviera" is a fantastic place to be a landlord. We’ve got a unique market here, from seaside holiday lets to long-term family homes.
But, as we move through 2026, the landscape has shifted, massively. The Renters' Rights Act 2026 is now fully in force, and if you’re still operating the way you did a few years ago, you might be walking into a legal minefield without even realising it.
I see landlords making the same few mistakes every week. Most of the time, they aren't trying to be "bad" landlords; they just haven't kept up with the breakneck speed of legislative change. At Butterworth Sales and Lettings, my job is to keep you on the right side of the law while making sure your investment actually works for you.
Let’s dive into the seven biggest mistakes I’m seeing right now in Torbay and, more importantly, how you can fix them.
1. Still Trying to Use Section 21 (Spoiler: It’s Gone!)
This is the big one. For decades, the Section 21 "no-fault" eviction was the safety net for landlords. If things weren't working out, you could give two months' notice and get your property back.
As of May 2026, Section 21 is officially history. You can no longer end a tenancy just because you feel like it or because the "fixed term" has ended. In fact, fixed terms don't really exist anymore, all tenancies are now periodic (rolling) from day one.
The Fix: You now need a specific, legally sanctioned reason to regain possession of your property under Section 8. This could be because you want to sell, you want to move back in, or the tenant is in significant arrears. The notice periods have changed too, often requiring four months' notice.
As a leading letting agent in Torbay, we help our landlords transition to this "periodic" world by ensuring every tenancy starts with robust vetting, so you don't need an exit strategy in the first place.
2. Allowing ‘Rental Bidding’ or Accepting Offers Above Asking Price
I get it. The Torbay rental market is tight, and demand is sky-high. In the past, it wasn't uncommon for desperate tenants to offer £50 or £100 more than the advertised price to secure a flat in Torquay.
Under the new 2026 rules, this is a huge no-no. You cannot accept offers above the advertised price, and you certainly can't encourage a "bidding war."
The Fix: Be realistic and fair with your initial valuation. If you list a property at £950 pcm, that is the maximum you can take. To stay safe, ensure your property management Torbay partner is strictly filtering applicants based on their suitability and references rather than who has the deepest pockets at the viewing.
3. Accidentally Discriminating Against DSS or Families
This has been a grey area for a while, but the Renters' Rights Act has made it crystal clear: blanket bans on "DSS," "No Benefits," or "No Children" are now illegal. If your advert says "no kids," you're asking for a hefty fine.
Many landlords in Torbay worry about wear and tear or whether benefit payments will cover the rent. While those are valid business concerns, you cannot use them as a reason to refuse an application outright.
The Fix: Judge every applicant on their individual merits. Use a professional referencing service (like the one we use at Butterworth Sales and Lettings) to look at their actual affordability and credit history. Treating people as individuals isn't just the law, it’s just a better way to do business.
4. Asking for Too Much Rent Upfront
In the past, if a tenant had a poor credit history or was moving from abroad, landlords would often ask for six months' rent upfront as security.
Those days are over. The limit for advance rent is now one month. Asking for more than this, even if the tenant offers it, can lead to significant penalties.
The Fix: If you’re worried about a tenant’s ability to pay, look at alternative security measures like a UK-based guarantor. We specialise in setting up these arrangements to give our landlords peace of mind without breaking the 1-month upfront rule.
5. Getting Rent Increase Notices Wrong
You can’t just send a friendly WhatsApp message saying, "Hey, rent’s going up by £20 next month."
In 2026, rent increases are strictly regulated. You can only increase the rent once a year, and you must use the official Section 13 (Form 4) procedure. You also have to give the tenant at least two months' written notice.
The Fix: Mark your calendar. We track these dates for our clients, ensuring that market-reflective increases are handled legally and professionally. Remember, the tenant can now challenge "exploitative" increases at a tribunal, so staying within "market rent" for Torbay is essential.
6. Not Giving Tenants Written Terms from Day One
Believe it or not, some landlords still operate on "handshake" agreements or old, outdated templates they found online in 2010.
The new Act requires you to provide clear written terms and a specific Government Information Sheet to every tenant by a strict deadline. Failure to do this doesn't just look unprofessional: it can result in fines of up to £7,000.
The Fix: Professionalize your paperwork. Every tenancy we manage includes a bespoke, legally compliant agreement that is updated the second the law changes. We ensure the Information Sheet is served and documented, so you’re never at risk of a "he said, she said" situation in court.
7. Letting Repairs Slide (Especially Damp and Mould)
Torbay has a lot of beautiful Victorian and Edwardian properties. While they have bags of character, they are prone to damp if not managed correctly.
Under "Awaab’s Law" (which now extends into the private sector), you have strict timelines to investigate and fix serious hazards like damp and mould. If a tenant reports a health hazard, you usually have just 7 days to address it.
The Fix: Don't wait for a complaint. Regular property inspections are a core part of our property management in Torbay. We catch the small leaks and the early signs of condensation before they become "serious hazards" that could land you in legal hot water.
Why Professional Property Management is Your Secret Weapon
I know this sounds like a lot. The 2026 changes have definitely made being a "DIY landlord" more difficult. But here’s the good news: Torbay is still a brilliant place to invest. The demand for quality housing isn't going anywhere, and the rental yields remain strong compared to many parts of the South West.
The trick is simply to have a professional in your corner. When you work with a specialist letting agent in Torbay, you aren't just paying someone to find a tenant; you’re paying for a shield against these mistakes.
At Butterworth Sales and Lettings, we handle the compliance, the 2 a.m. maintenance calls, and the complex legal notices so you can just enjoy the return on your investment.
Ready to get your Torbay property sorted?
If you’re worried about whether your current tenancies are compliant with the 2026 Act, or if you’re looking for a fresh approach to management in Torquay, Paignton, or Brixham, give us a shout.
I’m always up for a coffee and a chat about how we can make your life easier.
Cheers,
Daniel Butterworth
Owner, Butterworth Sales and Lettings
Contact us today to learn more about our Property Management services