The Renters' Rights Act - A Fundamental Legal Shift for Landlords

From May 1st 2026, the government is rolling out the Renters' Rights Act - a complete overhaul of the private renting process. The act is characterised by a series of changes designed to improve the experience of renting, and rebalance the relationship between renter and landlord. 

There are significant changes to regaining possession, with amendments to timings, requirements and more. Many landlords find themselves concerned about the process and how it will impact their rights, so we've put together this guide to provide some clear, concise guidance to simplify the process and incoming changes. 

First, let's start with the key dates relating to the new Renters' Rights Act that landlords need to be aware of: 

• May 1st - Commencement Day - New rules come into force (more on these below)
• May 31st - Deadline for landlords to provide information to tenants regarding changes
• July 31st - Final deadline for Section 21 court applications
• Late 2026 - The Private Rental Sector (PRS) ombudsman and database expected to launch
• 2027 - Launch of further property standards guidance inc. social rented sector 

The Renters' Rights Act - Key changes for landlords from May 2026 ¶

Among the most significant changes under the new Act are the abolition of Section 21 and shorthold tenancies. Let's take a closer look at what is coming in and this means for timings, costs and process if you're a landlord. 

No more fixed-term - understanding a move to periodic tenancies ¶

A crucial amendment to the landlord and tenant relationship as part of the new  Act, is the move from Assured Shorthold Tenancies to Periodic Tenancies. This means agreements will operate on an agreed rolling (either weekly or monthly) basis, with no fixed end date. This is designed to give renters more flexibility. Tenants will also be able to serve two months notice to exit their agreement. 

Under the new Act, tenants will also be granted protected periods which mean they are protected from  possession requests for 12 months, with landlords only able to seek possession under very limited grounds. Possession requests will only be granted after minimum terms in relation to specific grounds.

Landlords will not be required to provide a new tenancy agreement to ongoing/active tenants, as existing ones will be treated as one continuous tenancy under the new rules. 

Section 21 - Abolition of no-fault evictions ¶

One of the most significant changes is the abolition of Section 21. Section 21 was part of the Housing Act in 1988 and it allowed what we call 'no fault' evictions, meaning landlords could service notice to tenants without providing a specific reason. This has been the preferred route to ending tenancies owing to its speed (two months' lead time when giving notice in writing). 

What this change means is landlords are now required by law to provide a specific and legally valid reason for ending a tenancy under a revised type of Section 8 notice. This has been designed to make renting more secure and predictable. 

Reasons for ending a tenancy must now meet certain criteria: 'possession grounds', which will be divided into mandatory and discretionaryand set out in the Section 8 notice, which is to become the single legal route to possession. The good news is, it will become easier to gain possession if you're a landlord seeking to utilise a property as your personal residence. 

Importantly, any existing Section 21 notices remain valid as long as they were issued before May 1st and can be used to conduct possession proceedings as long as this occurs before 31st July or within six months of being issued, whichever is sooner. 

New Section 8 Notice format - single route to possession ¶

Section 8 notices are not new, but with the end of Section 21 they are being amended and will play a significant role in eviction possession proceedings moving forward. Under new rules Section 8 will become the single pathway to possession and will require landlords to provide a valid legal reason to end a rental agreement. 

These changes focus on providing greater protections and stability for tenants, ensuring that landlords can only recover premises through the correct means and with reasonable grounds. For a landlord to recover possession, they must write an accurate/clear notice served at the correct time and they must supply supporting evidence relating to their chosen reasoning. 

If there are valid grounds for possession, the landlord must serve the tenant with a Section 8 notice and wait at least four weeks under the new Act before applying to the court for an order for possession. Possession orders will no longer be dealt with without a court hearing, all requests will require a hearing and this means landlords seeking possession should be budgeting for lengthier process and higher costs. More on this later. 

If a landlord obtains possession through a court and the court procedure could have been avoided by the tenant, it is likely that the landlord will also be awarded costs. However, a cost order against a tenant who has left the property may be difficult to enforce.

Under Section 8 it is expected that notice periods will be longer (and vary depending on the grounds cited), but the Act as a whole supports the grounds for landlords to end an agreement, taking accepted grounds from 21 to 37. These fall into two categories: mandatory and discretionary grounds. 

What constitutes mandatory grounds under Section 8? ¶

Under new rules, the personal needs of landlords will be protected and they will find it easier to end an agreement if they meet mandatory ground criteria. These include: 

• Have a genuine intention to sell the property (it will not be permitted to re-let the property within twelve months of a request for possession)
• Intend to occupy the property themselves
• Intend to use the property for close family occupation
• Rent arrears - this is increasing from two month's rent for a monthly tenancy to three months’ rent
• No right to rent
• Death of tenant
• Serious anti-social behaviour – lower evidential threshold makes it easier to evict tenants involved in anti-social behaviours or criminal activities
• ASB behaviour grounds include:
  • Persistent noise disturbance
  • Harassment, threats or violence
  • Damage to property or communal areas

What constitutes discretionary grounds under Section 8? ¶

Under new rules the following grounds are classed as discretionary, and of course, they require strong evidence to gain court approval. Even if grounds are proven, judges reserve the right to only grant approval if they believe it is fair to do so. 

Discretionary grounds include: 

• Rent arrears less than three months
• Persistent late payment of rent
• Breach of tenancy conditions
• Deterioration of property
• Anti-social behaviour
• (New) If a tenant has been convicted of an indictable offence during a riot in the UK
• Damage to landlord-provided furniture
• Possession may be granted if the landlord provides suitable alternative accommodation
• False statement - if the landlord agreed to a tenancy based on a statement or knowledge that was incorrect or made recklessly by the tenant. 

If you would like expert legal support understanding how these changes impact you, devising documentation or navigating the new rules, we can help.

Get in touch 

New directives around tenant discrimination  ¶

Improving due process means minimising opportunity for discrimination. Under new rules, landlords will not be able to discriminate against prospective tenants who may be on benefits, or those with children- among other things. This is handled by the introduction of rules regarding pre-qualification criteria, ensuring there cannot be a long list of requirements and all prospective tenants must be considered. 

Landlords are of course still allowed to determine a suitable tenant through means such as credit checks, ensure income-focused affordability, and ask for relevant references. However, they cannot deter viewings based on having children or things outside of this list that would contribute discrimination. 

These rules also allow for greater flexibility for those seeking to keep pets. While landlords do not need to state they allow pets in rental properties, tenants will be granted the right to formally request the right to keep them under Section 11 of the Act. Requests will have to follow a certain format and provide certain information in writing for consideration. 

This does not mean all requests will be granted; landlords can refuse for a variety of reasons such as welfare of the animal, suitability of the pet requested for the space, allergies and so on.

Changes to advance rent requests   ¶

Under new rules landlords can no longer ask for variable amounts of rent in advance. In the past, landlords could ask for up to six months, but under these new changes it will be capped at one month's advance rent. If tenants desire to overpay they can, but this can only happen once they are in the property and the tenancy has commenced. 

Changes to rent increases 

As a landlord under the new rules, you will only be allowed to increase rent once in any 12 month period. This will fall under Section 13 of the new Act. Once you have submitted the form (Form 4), you will be required to provide a minimum of two months' notice to your tenant via the appropriate agreed channels such as post, email, or in person (dependent on your agreement). 

New Private Rented Sector Landlord Ombudsman and Database ¶

As part of the roll out, greater support for all parties has been designed to ensure clear, legal and practical ways for arrangements to be managed and complaints to be processed. 

The new Private Rented Sector Landlord Ombudsman is designed to provide a fair and binding resolution for tenants’ complaints about their landlord. Through this, complaint resolution will be in line with redress practices for tenants in social housing and consumers of property agent services. 

The Private Rented Sector Database exists to improve the landlord’s understanding of their legal obligations and demonstrates compliance. It will support improved and detailed information regarding tenancy agreements and will require landlords to be registered on the database to use certain possession grounds; for greater transparency and protection for tenants. 

Other changes to protect tenants under the Renters' Rights Act ¶

As this post makes clear, there are a huge number of changes incoming with a view to making the process fairer and safer for tenants. Among other changes include things such as ‘Awaab’s Law’ – through which the Act sets clear legal expectations about the timeframes within which each landlord in the private rented sector must take action to make homes safe where they contain serious hazards. 

There will also be an end to bidding on rental rates - landlords will not be able to allocate tenancies to the highest bidder, they must advertise at a set price.  This, like the rest of the changes will be required in writing, with proper documentation for all tenancies as part of the new Act and database procedures. 

Key considerations for landlords under the Renters' Rights Act ¶

As well as ensuring understanding and therefore compliance of the new rules, landlords must ensure they consider how the new rules could impact them longer term. This includes: 

• Factoring in court fees and costs to possession claims
• Expecting timescales and processes to take longer when seeking possession
• Ensuring accurate documentation provided to tenants  (such as How to Rent Guide, EPC, Gas Safety and all other tenancy agreement docs) and administration are legal, up-to-date and appropriately stored and managed
• Ensure clear, documented communication for all issues, challenges or discussions with tenants. 

Landlords - Why you need professional legal support ¶

Naturally, many landlords are finding the amount of change and new obligations overwhelming. This is why it is advisable to seek professional legal advice from a team like our property experts.

Professional legal advice will: 

• Provide better understanding of the process and explain the rights and obligations the tenants and landlords have
• Ensure you do not fall victim to scrutiny from local authorities and incur fees, fines or criminal action for failing to meet your requirements
• Ensure that both landlords and tenants are acting accordingly with the new Act
• Focus on implications that landlords and tenants may be faced with
• Ensure that both parties are aware of the civil penalties
• Professionals like our team at Harwood & Co ensure you are using and operating with the most relevant, up-to-date and compliant documentation 

We have put together  a handy comparison tool to highlight the major changes after the launch of the Renters' Rights Act, you can find this below. 

If you would like expert legal support understanding how these changes impact you, devising documentation or navigating the new rules, we can help.

Get in touch