TRW & Co · Real estate
Renters' Rights Act: What Landlords Must Do
The Renters' Rights Act 2025 has applied to private tenancies in England since 1 May 2026. Section 21 is abolished, tenancies are periodic, and landlords must rely on statutory possession grounds, raise rent through the section 13 process and comply with new letting rules. Here is what landlords must do now, and what comes next with the database and ombudsman.
Key pointPossession now turns on proving a statutory ground, and serving a notice on a ground you cannot reasonably expect to prove is itself a breach: deposit compliance and evidence should be checked before any notice is served.
At a glance
In force since May
The new tenancy regime applies to new and existing private tenancies in England from 1 May 2026, ending section 21 no-fault evictions.
Periodic tenancies only
Assured shorthold tenancies became assured periodic tenancies with no fixed end date; tenants can leave on two months' notice.
Selling or moving in
Grounds 1 and 1A cannot be used in the first 12 months, and reletting within 12 months afterwards can be an offence.
Penalties up to £40,000
Councils can impose penalties of up to £7,000 for breaches and up to £40,000, as an alternative to prosecution, for offences.
Database from December 2026
The landlord database launches in the West Midlands on 15 December 2026, with all active landlords required to register by 14 November 2027.
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The Renters' Rights Act: the short answer for landlords
The Renters' Rights Act 2025 received Royal Assent on 27 October 2025, and its core tenancy reforms have applied to private landlords in England since 1 May 2026. Section 21 "no fault" evictions have ended. Assured shorthold tenancies have become assured periodic tenancies with no fixed end date. Landlords can now recover possession only by serving a section 8 notice relying on a statutory ground, usually with longer notice periods than before.
Rent can be increased only once a year using the statutory section 13 procedure. Rental bidding is banned, tenants can ask to keep a pet, and landlords cannot discriminate against tenants with children or on benefits. Local councils have stronger enforcement powers, with civil penalties of up to £7,000 for breaches and up to £40,000 for offences.
More is coming. A private rented sector database opens in phases from December 2026, an ombudsman is expected in 2028, and decent homes standards will follow. This guide sets out what landlords must do now, as of October 2026, and what to prepare for next.
What changed and when
The Act is being implemented in phases. The House of Commons Library briefing on renters' reform summarises the timetable, which is set out below.
| Date | Change | Status as of October 2026 |
|---|---|---|
| 27 October 2025 | Royal Assent | Done |
| 27 December 2025 | New investigatory powers for local authorities | In force |
| 1 May 2026 | New tenancy regime: periodic tenancies, section 21 abolished, new possession grounds, rent increase rules, bidding ban, pets, anti-discrimination, higher penalties | In force |
| 31 May 2026 | Deadline to give existing tenants the government information sheet, or written terms where the tenancy was oral | Passed |
| 15 December 2026 | Private rented sector database launches in the West Midlands, then rolls out regionally | Pending |
| 14 November 2027 | Deadline for all landlords actively letting in England to register on the database | Pending |
| October 2027 | Tenancy reforms apply to private registered providers of social housing | Pending |
| 2028 (expected) | Private rented sector landlord ombudsman | Pending |
What comes next under the Renters' Rights Act
The second phase centres on the private rented sector database. It launches in the West Midlands on 15 December 2026 and then rolls out to other regions over the following 12 months. Once the database opens in their area, landlords have three months to register, and every landlord actively letting in England must be registered by 14 November 2027. Expect to provide details of each property and its compliance documents.
A landlord ombudsman is expected to follow in 2028, giving tenants a route to complain about private landlords without going to court. The third phase brings standards: the government intends private rented homes to reach a minimum energy performance rating by October 2030, and a decent homes standard by 2035. It is also consulting on how Awaab's Law, which sets timescales for fixing serious hazards, should apply to private tenancies. Landlords planning refurbishment or acquisitions should factor these measures into budgets now.
The Renters' Rights Act applies to England. Wales has its own regime under the Renting Homes (Wales) Act 2016, and Scotland and Northern Ireland have separate private tenancy laws.
Periodic tenancies and the end of section 21
From 1 May 2026, all existing assured shorthold tenancies became assured periodic tenancies, and every new private tenancy is periodic. A tenancy agreement cannot contain a fixed end date. Tenants can end the tenancy by giving two months' notice. Landlords cannot end it except by obtaining a court order on a statutory ground.
The government's possession guidance confirms that a landlord must serve a section 8 notice using Form 3A, give the correct notice period for each ground relied on, and set out the substance of the ground and the reasons. If the tenant does not leave, the landlord must apply to the county court, where the judge must order possession on a mandatory ground that is proved, and may order possession on a discretionary ground only if it is reasonable.
The main possession grounds for landlords
- Moving in or selling (grounds 1 and 1A). These cannot be used in the first 12 months of a tenancy. Notice can be served earlier, but the date in the notice must fall after that period. Government guidance says the notice period for many grounds is four months.
- Rent arrears. The court must order possession if the tenant owes at least three months' rent; below that, it may decide the tenant can stay.
- Antisocial behaviour. Notice periods are shorter, and proceedings can begin immediately.
- Prior notice grounds. Some grounds, such as those for student lets (ground 4A) and employee accommodation (ground 5C), require the landlord to have warned the tenant at the start of the tenancy.
What happens in court
Claims based only on rent arrears can be issued through Possession Claim Online; other section 8 claims use the paper forms N5 and N119, with a copy of the notice. Government guidance gives the issue fee as £415. The tenant has 14 days from service to file a defence, and the court lists a hearing, usually at the county court nearest the property.
Evidence wins or loses these claims. Depending on the ground, that may mean a rent statement, witness statements about antisocial behaviour, photographs of damage, or proof of an intention to sell, such as an estate agent's instruction. On a mandatory ground, an outright order usually requires the tenant to leave within 14 days, although the judge may allow up to six weeks where leaving sooner would cause the tenant extreme hardship.
Deposit compliance matters more than ever under the Renters' Rights Act. For most grounds, a court will order possession only if the deposit was properly protected and the prescribed information given, or the deposit has been returned, or the tenant's claim about it has been resolved.
Rent increases, bidding, pets and letting rules
Under the Renters' Rights Act, rent increases are made through the section 13 process: the landlord serves Form 4A giving at least two months' notice, and can increase rent no more than once a year. Tenants can challenge an increase above market rent at the First-tier Tribunal (Property Chamber). Landlords should no longer rely on rent review clauses in tenancy agreements to bypass this process.
When marketing a property, landlords and agents must publish an asking rent and cannot invite, encourage or accept offers above it. They cannot require rent before the tenancy agreement is signed and, after signing, cannot require more than one month's rent in advance before the tenancy starts. They cannot refuse tenants because they have children or receive benefits.
Tenants can ask to keep a pet, and landlords must consider the request and cannot unreasonably refuse it. Landlords should set up a simple written process for pet requests and record the reasons for any refusal.
What landlords must do now
- Audit every tenancy. List each property, tenant, start date, rent, deposit scheme and any oral or informal arrangements. Identify tenancies that are close to the 12-month point for grounds 1 and 1A.
- Confirm the information sheet was served. Existing written tenancies needed the government information sheet by 31 May 2026. If it was missed, take advice on remedying the breach promptly.
- Update documents for new lets. Use a compliant written statement of terms for new tenancies, with no fixed end date and no rent review clause that conflicts with the section 13 process.
- Check deposit compliance. Verify that every deposit is protected and the prescribed information was given. Without this, most possession grounds are unavailable.
- Reset rent review practice. Diarise annual review dates, use Form 4A and evidence market rent before serving an increase.
- Plan possession strategy. Before serving any notice, confirm the ground, the notice period, any prior notice requirement and the evidence you will need in court.
- Prepare for the database. Assemble property, safety and compliance documents ready to register when the database opens in your region.
Never serve a notice relying on a ground you cannot prove. Using a ground without a reasonable belief that possession will be ordered is a breach carrying a penalty of up to £7,000, and doing so knowingly or recklessly can be an offence. Treat each section 8 notice as the first step in litigation.
Enforcement, penalties and rent repayment orders
Local councils enforce the Renters' Rights Act rules. The government's enforcement guidance lists breaches that can attract a financial penalty of up to £7,000, including:
- claiming to let on a fixed term rather than a periodic tenancy;
- trying to end a tenancy orally or by a "notice to quit" or invalid notice;
- failing to give the information sheet or a written statement of terms;
- using a possession ground without a reasonable belief that it will succeed.
Penalties of up to £40,000 can be imposed as an alternative to prosecution for offences. These include reletting or remarketing a property within the 12-month restricted period after using grounds 1 or 1A (subject to exceptions), repeat breaches and continuing breaches. Landlords have 28 days to make representations after a notice of intent and can appeal a final notice to the First-tier Tribunal.
Rent repayment orders have also expanded. The list of qualifying offences is longer, and the maximum a landlord can be ordered to repay has risen from one to two years' rent.
An illustrative scenario
This scenario is illustrative only and does not describe a real client or matter.
A landlord who lives abroad owns two London flats let on tenancies that began before 1 May 2026. She wants to sell one flat in 2027. Her agent served the information sheet on time, but one deposit was protected late and the prescribed information cannot be found.
Her solicitor advises that the selling ground can be used because the tenancy is more than 12 months old, but that a four-month notice will be needed and possession will depend on the deposit issue. The landlord first remedies the deposit position, then serves a Form 3A notice relying on ground 1A with evidence of an agent's instruction to sell. She also plans not to relet the flat if the sale falls through, because reletting within 12 months could be an offence. On the second flat, she serves a Form 4A rent increase notice to bring the rent to market level.
Risks and common mistakes
Using old forms and old habits
Section 21 notices, fixed-term renewals and rent review clauses belong to the old regime. A notice to quit sent by text or WhatsApp can now itself be a breach. Agents and landlords should withdraw old templates, retrain staff and make sure every tenancy document and notice is on the post-May 2026 forms published on GOV.UK.
Relying on the selling or moving-in ground too early
Grounds 1 and 1A cannot be used to obtain possession within the first 12 months of a tenancy, and the restricted period then prevents reletting or remarketing for 12 months after possession is obtained on those grounds, unless an exception applies. A landlord who changes their mind after recovering possession may face a penalty of up to £40,000, so be sure of the plan before serving notice.
Neglecting deposit compliance
For most possession grounds, unprotected deposits or missing prescribed information prevent a possession order until the problem is resolved, for example by returning the deposit. Taking a deposit in any form other than money is unlawful, and items taken must be returned. Check every deposit now, not when possession is needed.
Mishandling rent increases
An increase must follow the section 13 process with at least two months' notice and no more than once a year. Increases above market rent can be challenged, and the tribunal may set a lower figure. Collect comparable evidence before serving notice and avoid informal agreements that sidestep the statutory process.
Assuming the Act stops at tenancy rules
The database, ombudsman and decent homes standard will add new obligations. Registration will be mandatory, and landlords who do not register may face enforcement. Portfolio landlords and investors should budget now for compliance and potential upgrade works.
Overseas landlords and investors
Many London buy-to-let properties are owned by landlords living abroad, including in Bangladesh, the Gulf and Singapore. The Renters' Rights Act applies to them in full. Overseas landlords rely heavily on agents, but liability for breaches can attach to the landlord as well as to anyone acting on their behalf. Overseas owners should check their agent's processes, keep copies of key documents and set clear instructions for rent increases and possession.
Investors acquiring residential portfolios should treat tenancy compliance as a due diligence item: deposit records, information sheets, notice history and rent increase procedures all affect value and the ability to obtain vacant possession. Our real estate investment team advises on portfolio acquisitions, and our residential property solicitors act for individual landlords.
Next steps
The Renters' Rights Act has changed private renting in England for good. Landlords who audit their tenancies, update their documents and plan possession carefully will be in a better position than those who wait for a dispute. Where possession is contested, our property litigation team acts in county court claims, and our landlord and tenant solicitors advise on compliance. If you own leasehold flats, our guide to the Leasehold and Freehold Reform Act covers the parallel reforms. To discuss your position, contact our London office.
Frequently asked questions
01When did the Renters' Rights Act come into force?
The Act received Royal Assent on 27 October 2025. Local authority investigatory powers started on 27 December 2025, and the main tenancy reforms, including the abolition of section 21 and the move to periodic tenancies, applied to private tenancies in England from 1 May 2026. Further measures follow in phases: the landlord database launches from 15 December 2026, social housing providers are brought in from 2027 and the ombudsman is expected in 2028.
02Can landlords still evict tenants?
Yes, but only on a statutory ground. Since 1 May 2026, landlords must serve a section 8 notice on Form 3A, relying on one or more grounds such as selling, moving in, rent arrears or antisocial behaviour, and give the correct notice period. If the tenant does not leave, the landlord must apply to the county court. Mandatory grounds require the court to order possession if proved; discretionary grounds depend on whether possession is reasonable.
03How much notice must a landlord give to sell?
Government guidance says the notice period for many grounds, including selling and moving in, is four months. Grounds 1 and 1A also cannot be used to obtain possession within the first 12 months of a tenancy, although notice can be served earlier as long as the date in it falls after that point. After obtaining possession on those grounds, the landlord generally cannot relet or remarket the property for 12 months unless an exception applies.
04How often can I increase the rent?
No more than once a year, using the statutory section 13 procedure. The landlord must serve Form 4A giving at least two months' notice of the new rent. Tenants can challenge an increase they believe is above market rent at the First-tier Tribunal (Property Chamber). Landlords should not rely on rent review clauses in tenancy agreements to increase rent outside this process.
05Do I have to accept pets?
Tenants have a right to request to keep a pet, and landlords must consider each request and cannot unreasonably refuse it. A landlord can refuse where there is a good reason, for example where a superior landlord whose consent is needed has refused it. Landlords should respond in writing, record their reasons and treat each request on its merits rather than applying a blanket ban.
06Does the Act apply in Wales or Scotland?
No. The Renters' Rights Act tenancy reforms apply to England only. Wales has its own system of occupation contracts under the Renting Homes (Wales) Act 2016, Scotland has private residential tenancies under its own legislation, and Northern Ireland has separate rules again. Landlords with property in more than one nation need to follow the rules for each location, and should not assume that forms, notice periods or possession grounds used in England will work elsewhere.
Sources and official materials
- Renters' Rights Act 2025 — The Act on legislation.gov.uk
- GOV.UK: Renters' Rights Act – an overview for landlords — Government summary of landlord obligations
- GOV.UK: Repossessing your privately rented property after 1 May 2026 — Section 8 notices, court process and evidence
- GOV.UK: Enforcement measures for landlords — Breaches, offences, penalties and appeals
- GOV.UK: Assured tenancy forms — Form 3A and Form 4A
- House of Commons Library: Renters' reform in England — Implementation timetable
General information only, current as at 21 October 2026. It is not legal advice and does not create a solicitor–client relationship. It reflects the law of England and Wales unless stated otherwise; Scotland and Northern Ireland have separate legal systems, and the law changes frequently. Check current official sources and take advice on the facts of your matter.