If you are a residential landlord in England, the way you manage your tenancies changed significantly on 1 May 2026.
The Renters’ Rights Act 2025 introduced some of the biggest reforms to the private rented sector in decades. From the abolition of Section 21 ‘no-fault’ evictions to the introduction of assured periodic tenancies, new rules around rent increases and changes to the possession process, landlords now have a very different legal framework to navigate.
For landlords, understanding these changes is not simply a matter of keeping up with legislation. The new rules can affect how you structure a tenancy, increase the rent, respond to tenant requests and, importantly, regain possession of your property.
Whether you own one rental property or manage a larger portfolio, it is important to understand what has changed and make sure that your tenancy documentation and property management practices reflect the new regime.
What is the Renters’ Rights Act 2025?
The Renters’ Rights Act 2025 is a major reform of the private rented sector in England, designed to give tenants greater security while changing the rules landlords must follow when letting and regaining possession of residential property.
The reforms are being introduced in phases, rather than every provision taking effect at the same time. However, many of the changes most relevant to private landlords came into force on 1 May 2026.
This means that landlords should now be working within the new framework rather than relying on tenancy procedures, documents or assumptions that applied before May 2026.
The reforms affect several important aspects of the landlord and tenant relationship, including the structure of tenancies, possession, rent increases and the information landlords are required to provide.
Section 21 ‘no-fault’ evictions have been abolished
Perhaps the most widely discussed change under the Renters’ Rights Act is the abolition of Section 21 for private assured tenancies.
Previously, Section 21 of the Housing Act 1988 allowed landlords to seek possession of a property without having to establish a particular fault on the part of the tenant, provided the relevant legal requirements were satisfied.
From 1 May 2026, landlords can no longer issue new Section 21 notices for existing or new tenancies.
This does not mean that landlords have lost the ability to regain possession of their property. Instead, landlords must rely on an appropriate ground for possession under Section 8 of the Housing Act 1988 and follow the correct legal procedure.
There are various grounds that may potentially apply depending on the circumstances. These include situations where a landlord intends to sell the property, where the landlord or certain family members intend to live in it, where a tenant has accumulated qualifying rent arrears, or where there has been anti-social behaviour.
Some grounds are mandatory, meaning that the court must grant possession if the landlord establishes the ground and satisfies the relevant requirements. Others are discretionary, which means that even where the ground is established, the court must also consider whether granting possession is reasonable.
This makes identifying the correct ground and following the appropriate procedure particularly important.
For notices served under the post-May 2026 system, landlords generally use Form 3A and must explain the possession ground being relied upon and why it applies. Errors or omissions can potentially result in a possession claim being delayed or dismissed.
What if you want to sell your rental property?
One concern landlords may have following the abolition of Section 21 is what happens if they simply want to sell their property.
There is a specific possession ground that may be available where a landlord genuinely intends to sell. However, there are rules surrounding when this ground can be used.
For a new tenancy, a landlord cannot require a tenant to leave under the sale ground during the first 12 months of the tenancy. The current rules also require four months’ notice under this ground before a landlord can apply to the court for possession.
There is a similar ground where the landlord or certain family members intend to occupy the property.
If your future plans may involve selling a rental property or moving into it yourself, understanding these restrictions is particularly important. You should avoid assuming that deciding to sell automatically allows you to require your tenant to leave immediately.
Taking advice before serving notice can help establish which possession ground applies and whether the relevant conditions have been met.
Fixed-term assured shorthold tenancies have changed
Another fundamental reform concerns the structure of private tenancies.
From 1 May 2026, new assured private tenancies are generally assured periodic tenancies. Existing assured shorthold tenancies also generally converted to assured periodic tenancies when the new regime took effect.
Instead of having a fixed contractual end date, an assured periodic tenancy runs on a rolling basis, usually according to the period for which rent is paid, such as monthly.
This is a significant change for landlords who may previously have relied on six or twelve-month fixed terms when planning how long a tenant would remain in a property.
Importantly, the end of what would previously have been a fixed term is no longer, by itself, a route to possession. If a landlord wants the tenant to leave, there needs to be an applicable possession ground and the appropriate legal procedure must be followed.
Landlords should therefore ensure that tenancy documentation issued since the reforms accurately reflects the new periodic tenancy system.
What has changed when landlords increase the rent?
The Renters’ Rights Act has also changed the process for increasing rent.
Under the current regime, landlords generally cannot simply rely on a contractual rent review clause to increase the rent of an assured periodic tenancy. Rent increases must instead follow the statutory process.
Government guidance states that landlords can generally increase the rent once a year and cannot increase it during the first 12 months of a new tenancy. The landlord must use the prescribed Form 4A and give the tenant at least two months’ notice of the proposed increase.
The proposed rent should reflect the market rent for the property.
Tenants also have the ability to challenge a proposed increase if they believe it is above market rent. This makes it particularly important for landlords to follow the correct procedure and take a considered approach when reviewing rental values.
If you have previously relied on a rent review clause within your tenancy agreement, it is worth checking whether your current approach remains appropriate under the new rules.
What are the new rules around pets?
The Renters’ Rights Act has also changed the approach to pets in rented properties.
Tenants can request permission to keep a pet and landlords must consider that request. A request does not have to be accepted in every circumstance, but a refusal needs to be based on a valid reason.
For landlords, this means it is important to consider each request properly rather than relying on a blanket assumption that pets will never be permitted.
There may be circumstances where allowing a particular pet would not be reasonable or where another legal restriction affects what can be permitted at the property. For example, a lease affecting the property may contain restrictions that are relevant to the landlord’s decision.
Where you are unsure how to respond to a tenant’s request, obtaining advice can help you understand your position before making a decision.
Rental bidding and rent in advance
The reforms also introduced changes to the way rental properties can be marketed and how rent can be requested.
Landlords and letting agents must publish an asking rent when advertising a property and cannot encourage prospective tenants to offer more than that amount. They must not accept an offer above the advertised rent either.
This is intended to prevent rental bidding wars where prospective tenants feel pressured to offer increasingly higher rents to secure a property.
There are also restrictions relating to rent in advance. The rules affect when landlords can request or accept advance rental payments and are intended to prevent tenants being required to make large upfront payments simply to secure a tenancy.
Landlords who have previously used advance rent arrangements should make sure their current processes comply with the new requirements.
New protections concerning children and benefits
Landlords should also be aware of new protections relating to prospective tenants who have children or receive benefits.
From 1 May 2026, landlords and letting agents must not discriminate against prospective tenants simply because they have children or receive benefits.
This has implications for the wording used in property advertisements as well as the way prospective tenants are considered during the letting process.
Landlords can still carry out appropriate affordability checks and consider whether a prospective tenant can afford the property. However, policies that automatically exclude someone simply because they receive benefits or have children can create legal difficulties.
If a letting agent manages the property on your behalf, it is still sensible to understand how prospective tenants are being assessed and how your property is being advertised.
Documentation and record-keeping are more important than ever
One of the practical consequences of the Renters’ Rights Act is the increased importance of accurate documentation.
When a dispute or possession claim arises, it may not be enough for a landlord simply to explain what happened. You may need to demonstrate that the correct process was followed and provide evidence supporting the legal ground on which you are relying.
This makes good record-keeping particularly important.
For example, if rent arrears develop, accurate records of payments and missed payments can become crucial. If anti-social behaviour is alleged, evidence may be required. If you intend to rely on a particular possession ground, you will need to ensure that its specific requirements have been satisfied.
The new regime also introduced requirements concerning written tenancy information.
For new tenancies created from 1 May 2026, landlords must provide tenants with certain prescribed written information about the key terms of the tenancy. Existing written tenancies were subject to transitional requirements, including the requirement for most landlords or agents to provide the government’s Renters’ Rights Act Information Sheet by 31 May 2026.
The legislation also gives local authorities enforcement powers in relation to certain breaches. Depending on the particular breach, landlords can face financial penalties.
This makes relying on outdated tenancy templates or old procedures increasingly risky.
What should landlords do now?
With the main tenancy reforms already in force, landlords should now be checking that the way they manage their properties reflects the current law.
Start by reviewing your tenancy documentation and ensuring that any new agreements accurately reflect the assured periodic tenancy regime. If you use a letting agent, you may also want to establish what changes they have made to their procedures and documentation since May.
Consider how you currently deal with rent reviews, tenant requests and possession. Procedures that worked under the old system may no longer be appropriate.
It is also worth reviewing how records are maintained. Keeping copies of tenancy documents, correspondence, rent statements, inspection records and other relevant evidence can make a significant difference if a disagreement develops or possession becomes necessary.
If you are considering selling a tenanted property, moving back into a rental property or taking action because of rent arrears or another breach of the tenancy, seek advice before serving notice. Choosing the wrong ground or failing to comply with a procedural requirement could result in additional delay and expense.
How can a solicitor help landlords under the Renters’ Rights Act?
The new regime makes it increasingly important to understand your legal position before taking action.
An experienced solicitor can review the circumstances of your tenancy, explain the possession grounds that may be available and advise on the procedure that needs to be followed.
Where possession is required, your solicitor can help ensure the appropriate notice is prepared correctly, advise on the evidence required and assist with court proceedings if the tenant does not leave following expiry of a valid notice.
Legal advice can also be valuable before a dispute reaches that stage.
If you are experiencing persistent rent arrears, disagreement over tenancy terms or another problem with a tenant, obtaining advice early may give you more options and help prevent mistakes that could weaken your position later.
For landlords managing valuable property assets, having access to professional advice can provide reassurance that decisions are being made within the new legal framework.
Can landlords still evict tenants after the Renters’ Rights Act?
Yes. The abolition of Section 21 does not prevent landlords from regaining possession of their property.
However, landlords now need to establish an applicable statutory ground for possession and follow the correct Section 8 procedure. The appropriate ground and notice period will depend on the circumstances.
Because different grounds have different requirements, landlords should check their position carefully before serving notice.
Can I still sell my property if it has a tenant?
Yes. The Renters’ Rights Act does not prevent a landlord from selling a rental property.
If you require possession in order to sell, there is a specific possession ground available in qualifying circumstances. However, restrictions apply, including a protected period during the first 12 months of a new tenancy and a notice requirement.
Alternatively, depending on the circumstances and the buyer, it may sometimes be possible to sell a property with the tenancy continuing.
What replaced Section 21?
Landlords seeking possession under the new regime generally need to rely on one or more of the statutory possession grounds under Section 8 of the Housing Act 1988.
The ground you use must reflect the genuine reason you are seeking possession. Examples include selling the property, occupation by the landlord or qualifying family members, certain rent arrears and anti-social behaviour.
Can landlords still increase the rent?
Yes, but landlords must follow the current statutory rent increase procedure.
For assured periodic tenancies, rent can generally be increased once a year using the prescribed process, with at least two months’ notice. Tenants can challenge an increase they believe exceeds the market rent.
Can a landlord refuse a tenant’s request for a pet?
A landlord must consider a tenant’s request to keep a pet and should not refuse it without a valid reason.
Whether refusal is justified will depend on the circumstances, including the property itself and any relevant restrictions affecting it.
Navigating the Renters’ Rights Act with confidence
The Renters’ Rights Act 2025 has significantly changed the legal landscape for residential landlords in England. While landlords retain important rights over their properties, the procedures surrounding tenancies, rent and possession have changed.
Understanding those obligations before taking action can help you manage your property effectively, protect your investment and reduce the risk of avoidable disputes or procedural mistakes.
At Rohan Solicitors, we provide practical legal advice to landlords and property owners. Whether you need advice about regaining possession, rent arrears, a tenancy dispute or another property-related issue, our team can help you understand your options and determine the most appropriate next steps.
For advice, contact Rohan Solicitors on 01444 450901 or email enquiries@rohansolicitors.co.uk.
