Alice Butterworth
On 27 October 2025, the Renters' Rights Bill received Royal Assent. The Renters' Rights Act 2025 ('the Act') makes significant changes to the law on rented homes which landlords will need to be prepared for. These changes will be implemented in a three-stage process, with phase one coming into effect on 1 May 2026. The Government have confirmed that stage two will be implemented in late 2026, with the precise commencement date to be confirmed, and they have not yet indicated when stage three will be implemented.
Robert Pearson, a Partner in our Commercial Litigation Department, previously wrote about the proposed changes when they were first suggested (this can be viewed here), and when the Renters' Rights Bill 2024 was published (this can be viewed here).
In this blog, we highlight the key changes that landlords should be aware of, particularly in relation to how the new legislation will impact landlords seeking to obtain possession of their rental properties.
End of 'No Fault' Evictions
The Act abolishes Section 21 evictions from 1 May 2026, meaning that landlords can no longer evict a tenant without a reason, and can no longer utilise the accelerated possession procedure. Once the new legislation comes into effect, landlords will need to serve a Section 8 notice in order to evict a tenant.
There will be transitional provisions in relation to existing valid Section 21 Notices. Any Section 21 proceedings that commenced prior to 1 May 2026 will continue. If a landlord has served a Section 21 notice but not yet issued proceedings, they must issue a claim either six months from the notice date or within three months of 1 May 2026 – whichever is sooner.
New and Expanded Section 8 Grounds
The Act makes changes to the previous grounds for possession required to serve a Section 8 notice as set out in Schedule 2 of the Housing Act 1988, and introduces new grounds. These changes will be implemented on 1 May 2026.
The grounds which are likely to most often be relied upon by landlords are summarised below:
Amended Ground 1: The landlord or a close family member of the landlord intends to occupy the property as their principal home. Previously, reliance on this ground was limited to occupation by the landlord, their spouse or their civil partner. This ground has been expanded to include a wider range of family members, including parents, children, grandchildren and a partner whom the landlord lives with as if they are married. Landlords should note that this ground cannot be exercised within the first year of a tenancy, and landlords must give four months' notice if they wish to rely on this ground. Landlords will be prohibited from re-letting a property for 12 months if possession is obtained on this ground.
New Ground 1A: The landlord intends to sell a property. This ground cannot be relied upon within the first year of a tenancy, and landlords must give four months' notice. As an entirely new ground for possession, it remains to be seen what evidence the Court will require landlords to produce in order to obtain possession based on this ground. Landlords will be prohibited from re-letting a property for 12 months if possession is obtained on this ground.
Amended Ground 8: The tenant is in serious rent arrears. The definition of serious rent arrears is at least three months of arrears, which has been increased from the previous two months. Landlords must give four weeks' notice if they wish to rely on this ground, which has been increased from two weeks to be consistent with the increased arrears period
Landlords should take steps to familiarise themselves with the full list of new and amended grounds, as well as the amended notice periods. Landlords should also be aware that all possession claims will now require a Court hearing, meaning the possession process will undoubtedly take longer (especially with the added pressure on the Courts) and may be more costly.
All Tenancies to Become Periodic Assured Tenancies
The Act abolishes fixed term and assured shorthold tenancies, which will come into effect on 1 May 2026. Upon commencement, all tenancies (existing and new) will become assured periodic tenancies, which automatically renew at the end of each period, and therefore continue indefinitely.
Landlords will only be able to end an assured tenancy by serving a Section 8 notice setting out the grounds upon which it intends to rely. Tenants can give notice at any stage, which will typically be 2 months, although this may vary depending on the tenancy agreement.
Other Key Changes
Landlords should also be aware of some further key changes to be introduced by the Act:
Phase one (from 1 May 2026):
- A tenant will have the right to request a pet, and landlords cannot unreasonably withhold consent to such a request;
- Rent can only be increased once per year by service of a Section 13 notice, and tenants have the right to challenge this at a tribunal;
- Discriminatory practices against tenants who are in receipt of benefits or have children are prohibited; and
- Rental bidding is now prohibited, meaning landlords cannot accept offers above the advertised rental rate for a property.
Phase two (from late 2026, with the exact commencement date to be confirmed):
Landlords will be required to enter the private rented sector ombudsman scheme, and will also be required to register with the private rented sector database when live.
Phase three (commencement date yet to be confirmed):
Awaab's law has been incorporated into the Act, meaning landlords must fix any reported hazards within a specified timescale. The provisions currently only apply to social landlords, but there are plans to extend requirements to private landlords in the future.
The strict rules regarding gas safety certificates, EPCs, provision of 'How to Rent' guides and deposits remain in place. We would encourage landlords to get professional advice when entering into a tenancy in order to avoid possible problems arising at a later date.
The Act introduces penalties for landlords who breach the new law, which range from civil fines to criminal liability. We would always recommend that you seek legal advice when looking to evict a tenant.
Next Steps
To ensure compliance and to avoid any potential penalties, landlords should begin preparing now. Key steps that landlords may consider taking include the following:
- Reviewing all tenancy agreements;
- Familiarising themselves with the new and amended Section 8 grounds and notice periods, and being prepared to follow Section 8 procedures when seeking to evict a tenant;
- Ensuring compliance with the deposit protection legislation;
- Joining the private rented sector database and private rented sector Ombudsman scheme once it is up and running;
- Ensuring all reported hazards are rectified promptly and ensure records are kept;
- Ensuring that they do not engage with any rental bidding and not to encourage or accept rent above the listed asking rent; and
- Ensuring that they do not act in a discriminatory manner towards prospective tenants who are in receipt of benefits or have children.
If you are a landlord seeking possession of a residential property, our Commercial Litigation & Dispute Resolution team can advise you of your options.
Photo by Melanie Sykes on Unsplash