What’s & when are things changing?
The Act will be introduced in three phases. Phase 1 requires the most immediate attention from landlords.
Phase 1: 1 May 2026
All 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. The last day to serve a valid Section 21 notice is 30 April 2026.
There will be many more grounds for possession under Section 8 of the Housing Act 1988.
There will also be new rules on rent increases, advance rent payments, rental bidding, pets, and discrimination.
Phase 2: from late 2026
A Private Rented Sector (PRS) Database and a PRS Landlord Ombudsman will be introduced. Landlords will be required to join and fund both. Most landlords will not need to join the Ombudsman scheme until 2028.
Phase 3: longer term (dates TBC)
The Decent Homes Standard and Awaab’s Law, which currently apply to social housing, will also apply to private landlords.
Section 21: The end of regaining possession
Section 21 has allowed landlords to regain possession without giving a specific reason. This will end from 1 May 2026.
If you intend to use a Section 21 notice, it must be served correctly by 30 April 2026. Possession proceedings must then begin within six months of the notice date or by 31 July 2026, whichever is earlier.
Section 8: more grounds, longer notice periods
Once Section 21 is removed, Section 8 will be the main route to regain possession.
The Act increases the number of grounds from 17 to 37. The main changes are outlined below.
Rent arrears
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 mandatory ground 8 and discretionary grounds 10 and 11 will increase from 2 weeks to 4 weeks.
Proceedings can only start after the arrears threshold is met and 4 weeks’ notice has been given.
Selling your property (new ground 1A)
A new mandatory ground will allow landlords to regain possession if they intend to sell the property. The following conditions will apply:
You must give your tenants 4 months’ notice.
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 possession where the landlord or their spouse or civil partner intends to move in will be amended and extended. The main features are:
You must give your tenants 4 months’ notice.
Notice cannot be served until after the first anniversary of the tenancy.
This ground will now cover a wider range of family members, including cohabitees, children, grandchildren, siblings, parents, and grandparents.
The property must become the main or only home of the occupier.
You cannot re-let within 12 months of serving the Section 8 notice.
Written prior notice that you may use this ground 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 if 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 that you may use this ground 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 (to be published before that date).
The notice must set out every ground relied on and the correct notice period.
County Court possession proceedings and the Possession Claim Online Service for rent arrears will continue as before.
Rent increases
Landlords must now follow the Section 13 procedure to increase rent. Rent can only be increased once per year, and only to the market rate. The process is as follows:
Use Form 4A (due to be published on or after 1 May 2026).
Give at least 2 months’ notice.
From 1 May 2026, any rent review clauses or automatic increase provisions in tenancy agreements will no longer have legal effect.
Tenants will be able to challenge a rent increase for being above market rate to the First-tier Tribunal (FtT).
“Are pets allowed in rentals now?”
Landlords must consider written requests from tenants to keep a pet and respond within 28 days.
If more information is needed, the tenant must provide it within 7 days. Consent cannot be unreasonably refused. Tenants 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, because they have children or receive benefits. This applies at all stages, including providing information, arranging viewings, and entering into a tenancy agreement.
Poor treatment intended to discourage someone from renting will also be covered.
Civil penalties and enforcement
Local housing authorities and county councils will be able to issue civil penalties for breaches occurring 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.
Since 27 December 2025, local authorities have had new investigatory powers.
They can require information from third parties, such as banks and accountants, and enter business premises (and in some cases, residential premises) to gather evidence.
From 1 May 2026, Rent Repayment Orders (RROs) will apply to more breaches and offences.
The maximum amount a landlord can be ordered to repay will increase to 24 months’ rent.
Tenants and local authorities will have 24 months to apply for an RRO. Penalties can apply to landlords, their agents, company directors, and others who manage or control a property.
Tenancy agreement updates
The Act sets out different requirements for existing and new tenancies:
For existing tenancies (started before 1 May 2026): if there is a written agreement, it does not need to be replaced.
All named tenants must receive an Information Sheet by 31 May 2026. If the tenancy is verbal, you must provide written details of the key terms by the same date.
For new tenancies (starting on or after 1 May 2026): you must provide tenants with certain required information in writing, usually as part of the tenancy agreement. The final list of required information will be published in March 2026.
Deposits
Before serving a Section 8 notice, you must show that the deposit is protected, all scheme requirements have been met, and the tenant has received the required information.
If not, you must show that the deposit has been returned. These rules do not apply if you are using the antisocial behaviour grounds (7A and 14). Deposits must still only be taken as money.
Your immediate to-do list as a landlord
With the 1 May 2026 deadline approaching, consider the following steps:
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 deposit compliance: ensure deposits are protected, scheme rules are followed, and tenants have received the required information.
Provide all existing named tenants with the Information Sheet by 31 May 2026. Keep clear records of when this was done.
Speak to us at Orwins for legal guidance on new renters' rights
The Renters’ Rights Act 2025 introduces a range of changes.
If you have questions about how these changes may affect your properties or tenancies, please get in touch to discuss your situation.
