Renters' Rights Act: the Tenant SDLT Charge Has Been Ruled Out

The Renters' Rights Act, which took effect on 1 May 2026, abolished Section 21 no-fault evictions and convert all new tenancies to indefinite periodic tenancies. While this reform aims to provide greater security for tenants, it creates an unintended consequence: these rolling tenancies could trigger Stamp Duty Land Tax (SDLT) under the "growing lease" rule when cumulative rent exceeds the £125,000 net present value (NPV) threshold. You can estimate SDLT on property purchases using our stamp duty calculator.

This technical quirk in existing tax law was never intended to apply to ordinary residential tenancies, but the removal of fixed-term agreements means hundreds of thousands of long-term tenants could inadvertently become liable for stamp duty on their rental homes.

The issue was identified by tax experts, acknowledged by the Treasury, and has since been resolved: on 22 April 2026 the Government confirmed the rent element of an assured periodic tenancy will not be chargeable. The mechanics of the growing lease rule are set out below, because they still matter for leases that fall outside that exemption.

Under existing SDLT law, periodic tenancies that continue beyond their initial fixed term are treated as "growing leases." The tenant must calculate the net present value (NPV) of cumulative rent paid over the life of the tenancy. When the NPV crosses £125,000, an SDLT return is required and tax becomes due on the portion of rent exceeding that threshold. See our guide on how stamp duty is calculated for more on NPV calculations.

Currently, this provision affects very few residential tenants because most have fixed-term agreements (typically six or twelve months) that reset the SDLT clock when they renew. Even tenants who stay in the same property for many years usually sign new fixed-term contracts, creating separate lease periods for tax purposes.

The Renters' Rights Act removes fixed terms entirely for new tenancies from May 2026. All new residential tenancies will be periodic from day one, running month-to-month indefinitely until either party ends the agreement. This means the SDLT clock never resets. Every month of rent adds to the cumulative NPV calculation.

The NPV calculation discounts future rent payments at 3.5% per year, meaning higher monthly rents reach the threshold faster. For a tenant paying £2,000 per month, the threshold would have been crossed on the fifth anniversary of the tenancy.

Analysis by Tax Policy Associates (30 January 2026) estimated that around 150,000 tenant households would have been brought into SDLT within the first three years (by 2029), another 110,000 in the three years after that (by 2032), and around 330,000 in total eventually. The impact is concentrated among tenants in high-rent areas, particularly London and the South East.

The table below shows, before the exclusion, the tenancy anniversary on which each monthly rent would have first crossed the £125,000 NPV threshold and the first year's SDLT bill. These are our calculations using the statutory 3.5% discount rate and Tax Policy Associates' method:

Almost any tenancy would eventually have crossed the threshold if it ran long enough. On Tax Policy Associates' figures a tenant on England's median new-tenancy rent of about £960 a month would have reached it on the 13th anniversary, with a bill of about £8, while tenants paying £3,000 or more a month would have reached it on the third anniversary.

A London tenant on the median rent of about £1,800 a month would have hit the £125,000 NPV threshold on the sixth anniversary of the tenancy, with an SDLT bill of around £70 (Tax Policy Associates). While individual bills are relatively modest, the administrative burden of filing an SDLT return is significant.

Many tenants will be entirely unaware of this obligation. Unlike landlords who follow our stamp duty guide for landlords when acquiring rental properties, residential tenants have never had to engage with the stamp duty system. The requirement to self-assess, calculate NPV using the 3.5% discount rate, and file online within 14 days of crossing the threshold would have created a compliance burden disproportionate to the tax owed.

There would also have been a risk of inadvertent non-compliance. Tenants unaware of the rule could have continued their tenancies for many years without filing, accumulating penalty charges that far exceed the underlying tax liability. HMRC's automatic penalty regime starts at £100 for returns filed up to three months late, rising to £200 for returns more than three months overdue, with a tax-geared penalty of up to 100% of the SDLT due once a return is 12 months or more late. There are no daily penalties in the SDLT regime.

The complexity is compounded if tenants move house frequently. Each new tenancy resets the clock, but if a tenant returns to a previous property under a new periodic tenancy, they must track multiple separate lease periods for SDLT purposes.

The government acknowledged this unintended consequence in January 2026 following analysis published by Tax Policy Associates on 30 January 2026 and reporting by Property118 and the Financial Times. On 22 April 2026 HM Treasury confirmed in a written statement to Parliament that the Finance Bill 2026-27 will exclude the net present value of rent under an assured periodic tenancy from SDLT, and that the exclusion takes effect from 1 May 2026.

The exclusion will be legislated in the Finance Bill 2026-27 and applies retrospectively from 1 May 2026. HMRC has confirmed it will not collect SDLT on the rent element of an assured periodic tenancy in the meantime, so tenants do not need to file or pay while the legislation is in passage. It covers any residential lease that is an assured tenancy under the Housing Act 1988 as amended by the Renters' Rights Act. Landlords with existing buy-to-let stamp duty obligations are unaffected by this change.

The retrospection point that worried commentators has been settled: the exclusion runs from 1 May 2026, so tenancies created between that date and the Bill receiving Royal Assent are covered, and there is no gap for tenants whose fixed-term agreements convert to periodic on renewal.

Tax experts have welcomed the government's swift response but emphasised the importance of clear drafting to ensure the exemption captures all residential tenancies without creating new loopholes or ambiguities.