The Renters' Rights Act 2025
A phased rollout: what's changing and when
The Act is being introduced in three phases. Phase 1 is the most immediate concern for landlords.
Phase 1: 1 May 2026
• All new tenancies in the private rented sector will be 'assured periodic' tenancies. Fixed-term and shorthold tenancies will be abolished.
• Section 21 'no-fault' evictions will end. 30 April 2026 is the last day on which a valid Section 21 notice can be served.
• Section 8 grounds for possession will be significantly expanded.
• New rules on rent increases, rent in advance, rental bidding, keeping pets, and discrimination will come into force.
Phase 2: from late 2026
A mandatory Private Rented Sector (PRS) Database and a PRS Landlord Ombudsman will be introduced. Both will be compulsory and funded by landlords. Joining the Ombudsman scheme is not expected to be required until 2028.
Phase 3: longer term (dates TBC)
The Decent Homes Standard will be extended to the private rented sector, and Awaab's Law (originally applying to social housing) will also apply to private landlords.
The end of Section 21
Section 21 has long been used by landlords to recover possession without having to establish a specific ground. From 1 May 2026, that option disappears entirely.
If you currently have grounds to use a Section 21 notice and wish to do so, you must serve it correctly on or before 30 April 2026. Once served, you must start possession proceedings by whichever comes first: six months from the date of the notice, or 31 July 2026.
Section 8: more grounds, longer notice periods
With Section 21 gone, Section 8 becomes the primary route to possession. The Act expands the available grounds from 17 to 37. Here is what landlords need to know about the most commonly used grounds.
Rent arrears (Grounds 8, 10 and 11)
The threshold for Ground 8 (mandatory possession based on arrears) increases:
• For monthly rent: from 2 months' arrears to 3 months' arrears.
• For weekly rent: from 8 weeks' arrears to 13 weeks' arrears.
The notice period for Grounds 8, 10 and 11 also increases from 2 weeks to 4 weeks. In practice, this means the earliest you can start proceedings is after 13 weeks of arrears plus 4 weeks' notice.
Selling the property (new Ground 1A)
A new mandatory ground allows landlords to recover possession where they intend to sell. Key conditions apply:
• 4 months' notice is required.
• Notice cannot be served until after the first anniversary of the tenancy.
• You cannot re-let the property within 12 months of serving the Section 8 notice.
Moving in (amended Ground 1)
The existing ground for landlord occupation has been amended and broadened:
• 4 months' notice is required.
• Notice cannot be served until after the first anniversary of the tenancy.
• The ground now extends beyond the landlord and their spouse or civil partner to a wider range of family members.
• The property must become the occupier's only or principal home.
• You cannot re-let within 12 months of serving the Section 8 notice.
• Prior notice in the tenancy agreement is no longer required.
Student lettings (new mandatory Ground 4A)
HMO landlords letting to full-time students can use Ground 4A to regain possession at the end of the academic year, provided all of the following conditions are met:
• All tenants were full-time students.
• You intend to let to students in the future.
• The tenancy was signed less than 6 months before the move-in date.
• The property is an HMO or part of an HMO.
• Prior notice was given in the tenancy agreement.
• 4 months' notice is given, with the notice period ending between 1 June and 30 September.
Procedural points for Section 8 notices
From 1 May 2026, landlords must use the new Form 3A (due to be published before that date). The notice must include the full wording of every ground relied upon and the correct notice period. County court possession proceedings and the Possession Claim Online Service (for rent arrears claims) will continue as before.
Rent increases
The Act introduces a clear process for rent increases. Landlords will only be able to raise the rent once per year, and only to the market rate. The required process is:
• Follow the Section 13 procedure.
• Use Form 4A (due to be published on or after 1 May 2026).
• Give at least 2 months' notice.
• Any existing rent review clauses or automatic increase provisions in tenancy agreements will have no legal effect.
Tenants have the right to challenge an increase at the First-tier Tribunal. The Tribunal cannot set the rent above the amount proposed by the landlord and cannot backdate any increase. It can defer an increase by up to 2 months where it would cause the tenant undue hardship.
Note: if you need to use Form 4 before 1 May 2026, any increase resulting from that notice will still be valid.
Pets
Landlords will be required to consider written requests from tenants to keep a pet. You will have 28 days to respond. If you request more information about the pet, the tenant has 7 days to provide it. Consent cannot be unreasonably refused, and a tenant can challenge a refusal through the PRS Ombudsman or the courts.
Rental discrimination
From 1 May 2026, landlords must not refuse to let to someone, or make it unreasonably difficult for them to rent, on the basis that they have children or receive benefits (or that you believe they do). This applies at every stage: providing information about the property, arranging viewings, and entering into a tenancy agreement. Poor treatment designed to discourage someone from renting will also be caught by these provisions.
Civil penalties and enforcement
The enforcement regime is materially strengthened. Local housing authorities and county councils will be able to impose civil penalties for breaches committed on or after 1 May 2026:
• Up to £7,000 for initial or minor non-compliance.
• Up to £40,000 for serious, persistent, or repeat non-compliance – or criminal prosecution as an alternative.
Local authorities were given new investigatory powers in December 2025, including the power to require information from third parties and to enter business premises.
Rent Repayment Orders have been extended in scope and the maximum amount has been doubled to 24 months' rent. The window for tenants or local authorities to apply for an RRO has also doubled, from 12 to 24 months. Penalties can be applied to the superior landlord, any person acting on a landlord's behalf, company directors, and others with management or control of a property.
Tenancy agreement updates
The Act has different requirements for existing and new tenancies:
Existing tenancies (created before 1 May 2026): if the agreement is in writing, you do not need to replace it. However, you must provide all named tenants with an Information Sheet by 31 May 2026. If the tenancy is only verbal, you must provide written information about key terms by the same date.
New tenancies (created on or after 1 May 2026): you must provide certain prescribed information in writing, usually within a written tenancy agreement. The final version of the required information is due to be published in March 2026.
Deposits
Before serving a Section 8 notice, you will need to demonstrate that the deposit has been protected, that you have complied with scheme requirements, and that you gave the tenant the prescribed information. Alternatively, you must show that the deposit has been returned. The deposit rules do not apply when using the antisocial behaviour grounds (7A and 14). Deposits must still only be taken in the form of money.
Your immediate to-do list
With the 1 May 2026 deadline approaching, here is what you should be doing now:
• If you intend to use Section 21, serve the notice correctly on or before 30 April 2026.
• If you intend to use Section 8, serve the notice correctly on or before 30 April 2026 to benefit from the current (lower) thresholds and notice periods.
• Check your deposit compliance: confirm that deposits are protected, that scheme requirements have been met, and that tenants received the prescribed information.
• Serve all existing named tenants with the Information Sheet on or before 31 May 2026. Keep clear records that service took place.
Speak to us
The Renters' Rights Act 2025 is a wide-ranging piece of legislation and this article covers the headlines. If you have questions about how the changes affect your specific portfolio or tenancies, our team is here to help. Get in touch to discuss your circumstances.
Note: This article is for general information only and does not constitute legal advice. You should seek specialist advice for your individual circumstances.
