The Renters Rights Act received Royal Assent on 27 October 2025, marking the biggest change to residential tenancy law since 1989. If you’re a landlord or tenant in England, this legislation will significantly affect your rights and responsibilities.
We’ve been following the development of this legislation closely – you can read our earlier analysis of the Renters Reform Bill and Section 21 to see how these proposals evolved.
Here’s what you need to know about the changes ahead.
The headline change: Section 21 is being abolished
What’s changing?
From 1 May 2026, landlords will no longer be able to use Section 21 “no-fault” evictions to end tenancies. This means:
- All Assured Shorthold Tenancies will automatically become Assured Tenancies
- All tenancies will be periodic (rolling) with no fixed end date
- New fixed-term tenancies will be forbidden by law
- Tenants can only be evicted for specific reasons (fault grounds)
Important deadline for landlords:
Section 21 notices served before 1 May 2026 will remain valid, but you must issue court proceedings by 31 July 2026. After that date, these notices will no longer be valid.
New grounds for possession: when can landlords still evict tenants?
While Section 21 is going, landlords can still regain possession of their properties – but only for specific reasons. Our civil litigation team can help you navigate these new possession grounds. Here are the key changes:
Ground 1: Landlord or family member needs to move in
What it means:
- Available after the tenant has been in the property for at least 12 months
- The landlord or specific family members (now clearly defined in law) need to use the property as their main home
- You no longer need to serve advance notice before the tenancy begins
The catch:
- You cannot re-let the property for 12 months after regaining possession
- Breaking this rule could result in significant fines or criminal prosecution
- Local authorities will be monitoring this closely
Ground 1A: Landlord wants to sell (NEW)
What it means:
- You can evict tenants if you genuinely intend to sell the property
- Only available after 12 months of tenancy
What you’ll need to prove:
The court will want evidence of a genuine sale, such as:
- Property valuations
- Estate agent listings
- Offers from potential buyers
- Correspondence with buyers or agents
Warning:
It’s now a criminal offence to misuse this ground – if you claim you’re selling but then re-let the property instead, you could face huge fines and prosecution. Local authorities will track properties where tenants were evicted under this ground to ensure they’re actually sold, not re-let.
Ground 8: Rent arrears
What’s changing:
- Landlords can still evict for rent arrears
- The threshold has increased from 8 weeks to 13 weeks (or 2 months to 3 months)
- Courts must still grant possession once arrears reach this level
Other discretionary grounds (persistent late payment, anti-social behaviour, property damage) remain largely the same. If you’re dealing with landlord and tenant disputes, our litigation team can advise on the most appropriate grounds for your situation.
These changes come into force: 1 May 2026
Rent increases: new restrictions for landlords
The Act doesn’t introduce full rent controls, but it does limit how and when you can increase rent.
How you can increase rent:
✅ By mutual agreement – if both parties agree to a new tenancy agreement with higher rent
✅ By Section 13 notice – giving tenants two months’ notice of the increase
What you can no longer do:
❌ Include contractual rent review clauses in tenancy agreements
❌ Write in pre-agreed staged rent increases (e.g., £X for year 1, £Y for year 2)
❌ Tie rent increases to inflation indices (RPI/CPI)
❌ Increase rent more than once per year
❌ Request or accept rent payments in advance before the tenancy starts
What this means in practice:
For landlords:
- You’re limited to one rent increase per year via Section 13 notice
- Tenants have two months to challenge the increase via the First Tier Tribunal
- The Tribunal cannot set rent higher than you requested (unlike currently)
- If the Tribunal upholds your increase, it may only be backdated to their decision date, not the original notice date
- You cannot recover costs if the tenant’s challenge fails
Risk warning:
Tenants may challenge rent increases as a delaying tactic with “nothing to lose” since tribunal applications are free. This may encourage landlords to set initial rents higher to avoid future tribunal battles.
New tenant protection:
Within the first 6 months of any new tenancy, tenants can apply to the Tribunal to reduce rent to market rate if they believe it’s excessive.
Bidding wars banned:
Landlords and letting agents cannot encourage prospective tenants to offer more rent than the advertised price. While this may be difficult to enforce, expect local authorities to set up dedicated reporting channels.
Deposit limits remain: Maximum 5 weeks’ rent (unchanged from current rules)
These changes come into force: 1 May 2026
Pets: tenants now have the right to ask
All tenants will have a statutory right to keep pets, subject to the landlord’s consent – which cannot be unreasonably withheld.
What “reasonable refusal” means:
Landlords can refuse permission if:
- The property is unsuitable for the type or number of pets (e.g., several large dogs in a small flat)
- Keeping the pet would breach the landlord’s own lease with a superior landlord
- It would invalidate the property insurance
- The tenant cannot demonstrate they’ll properly care for the animal
- The pet requires special licensing (e.g., XL Bully dogs) and the tenant doesn’t have the required permits
Landlords can grant conditional consent:
You can approve a pet request but attach reasonable conditions, such as:
- Proof of required licenses or permits
- Evidence of appropriate insurance
- Agreement to professional cleaning at end of tenancy
Important deadline: Landlords must respond to pet requests within 28 days (though you can request additional information within this timeframe).
This provision comes into force: 1 May 2026
Landlord registration: new mandatory database
All landlords will need to register on the Private Rented Sector Database (PRSD) and prove they’re “fit and proper persons” to be landlords.
What we know so far:
- Registration will be mandatory – you cannot legally let property without it
- Similar to the existing “Rent Smart Wales” scheme
- Landlords must also join a mandatory redress scheme (similar to deposit protection schemes)
What we don’t know yet:
- Exact requirements or costs
- When it will launch (rumoured late 2026 or 2027)
- What “fit and proper person” criteria will involve
Serious consequences for non-registration:
If you let property without being registered:
- You may be unable to evict tenants for ANY reason except anti-social behaviour (including rent arrears)
- You’ll face significant fines and civil penalties
- Local authorities may be able to ban you from letting properties entirely
Concerns for smaller landlords:
- This creates a significant regulatory burden
- Government IT failures (remember the Horizon scandal) could affect compliant landlords
- May favour large portfolio landlords and investment funds who can absorb compliance costs more easily
- If banned from one property, what happens to your other tenants?
Expected to come into force: Late 2026 or 2027 (not yet confirmed)
Other key changes
Written tenancy agreements now mandatory:
Landlords must provide tenants with a written tenancy agreement or statement of terms, including specific required information.
What should landlords do now?
Before 1 May 2026:
- Review your current tenancies and consider your options
- If you’re planning to sell or need the property back, consider serving Section 21 notices before the deadline (but remember you must issue court proceedings by 31 July 2026)
- Assess whether your rental business remains commercially viable under the new regulations
- Budget for increased compliance costs and potential tribunal applications
Looking ahead:
- Watch for announcements about the landlord registration database
- Review your insurance policies regarding pets
- Consider how you’ll handle rent increases under the new system
- Familiarize yourself with the new possession grounds and evidence requirements
What should tenants know?
Your new protections:
- No more Section 21 “no fault” evictions after 1 May 2026
- Right to challenge rent increases
- Right to request pets (subject to reasonable landlord approval)
- Stronger protections against unfair eviction
Your responsibilities:
- Continue paying rent on time
- You can still be evicted for legitimate reasons (arrears, damage, anti-social behaviour)
- Landlords can still regain possession if they genuinely need to sell or move in
How Cunningtons can help
The Renters Rights Act represents a major shift in landlord-tenant law. Whether you’re a landlord navigating possession claims under the new grounds, facing a First Tier Tribunal application over rent increases, or a tenant concerned about your rights, we can help.
At Cunningtons, we’ve been advising on property law matters since 1748. We keep a close eye on all developments in housing law as a matter of course, ensuring our clients receive the most current and accurate advice. Our litigation team can guide you through:
- Possession proceedings under the new grounds
- First Tier Tribunal rent increase challenges
- Compliance with the new regulations
- Tenancy agreement reviews and updates
For a confidential discussion about how the Renters Rights Act affects you, contact our Braintree office today.
This article provides general information about the Renters Rights Act 2025. Most provisions are not yet in force. For advice specific to your situation, please contact our litigation team.