An Overview of the Renters’ Rights Act
The Renters’ Rights Act 2025 represents the most significant transformation of the private rented sector (PRS) in England for a generation.
This brief provides landlords with authoritative, actionable guidance on the new legal framework, its phased implementation, and the necessary steps for ensuring full compliance. The Act, which received Royal Assent on 27th October 2025, fundamentally reshapes tenancy structures, possession rights, and landlord obligations with the aim of creating a fairer, more secure, and higher-quality rental market for both tenants and landlords.
The core objectives of the Act are comprehensive and designed to address long-standing issues within the sector:
- Abolishing Section 21 Evictions The Act eliminates ‘no-fault’ evictions by abolishing Section 21 of the Housing Act 1988. It moves to a simpler tenancy structure where all assured tenancies become periodic, providing greater security for tenants and empowering them to challenge poor practice without fear of retaliatory eviction.
- Reforming Grounds for Possession While providing tenants with more security, the Act also clarifies and expands the grounds under which landlords can lawfully regain possession of their property, ensuring these are fair to both parties.
- Introducing a Landlord Ombudsman Membership in a new Private Rented Sector Landlord Ombudsman service becomes mandatory for all private landlords. This body will provide free, impartial, and binding resolution for tenant complaints, bringing the PRS in line with established redress practices in other consumer sectors.
- Creating a National Landlord Database A new Private Rented Sector Database will require all landlords to register themselves and their properties. This aims to provide a “one-stop shop” for landlords to understand their obligations, give tenants greater transparency, and help local councils target enforcement against unprofessional landlords.
- Applying the Decent Homes Standard For the first time, the Decent Homes Standard will be legally applied to the private rented sector, requiring properties to be free from serious health and safety hazards, in a reasonable state of repair, and equipped with reasonably modern facilities.
Timeline for Compliance
It is vital to understand the government’s phased rollout of the Renters’ Rights Act. Different obligations will come into force at different times, requiring careful forward planning to mitigate compliance risks and ensure a smooth transition.
| Phase & Estimated Timing | Key Legislative Changes | Required Actions for Landlords |
|---|---|---|
| Phase 1
From 1 May 2026 |
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| Phase 2
Late 2026 – 2028 |
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| Phase 3
Dates TBC (Expected 2030) |
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Transitional Provisions for Existing Notices
Specific rules will apply to Section 21 notices served before the new system takes effect:
- A valid Section 21 notice served before the 1st May 2026 commencement date will remain valid.
- However, the landlord must initiate possession proceedings in court within six months of the notice being given to the tenant, or by 1st August 2026 (three months after commencement), whichever is sooner. If proceedings are not started by this deadline, the notice will expire, and the landlord must use the new Section 8 grounds.
The End of Section 21 and the Shift to Periodic Tenancies
The Act abolishes Section 21 ‘no-fault’ evictions and replaces the system of fixed-term assured shorthold tenancies (ASTs) with a single, simpler system of periodic tenancies. This means all tenancies will operate on a rolling basis with no fixed end date.
On the implementation date of 1 May 2026, all existing fixed-term ASTs will automatically convert to these new periodic tenancies. This transition necessitates a fundamental shift from a ‘fixed-term lifecycle’ management model to a continuous, relationship-based approach focused on tenant retention and proactive issue resolution to minimise voids.
Under the new system, tenants have enhanced security but must adhere to specific rules to end their tenancy. A tenant must provide a minimum of two months’ written notice, and the notice must align with the end of a rent period.
To support this transition, the Act introduces two key administrative requirements:
- Written Agreements: All tenancies must have a written agreement. For existing verbal tenancies, landlords must provide a written document covering the required information after the new system comes into force.
- Information Provision: Landlords are not required to reissue existing written agreements. Instead, they must provide all existing tenants with a government-produced information sheet explaining how the reforms have affected their tenancy. This is expected to be published by March 2026
New Grounds for Possession
With Section 21 abolished, landlords must use the revised Section 8 grounds to regain possession of a property. The shift to an evidence-based possession model under Section 8 makes meticulous, contemporaneous record-keeping a strategic imperative.
Failure to document breaches correctly and consistently will directly translate into an inability to regain possession of a property. The grounds are divided into ‘mandatory’ (where a court must grant possession if the ground is proven) and ‘discretionary’ (where a court can decide if eviction is reasonable).
Revised Grounds for Possession under Section 8
| Ground | Summary of Circumstances | Notice Period | Type |
|---|---|---|---|
| 1 | Landlord or their close family member wishes to move into the property. Cannot be used for the first 12 months of a new tenancy. | 4 months | Mandatory |
| 1A | Landlord wishes to sell the property. Cannot be used for the first 12 months of a new tenancy. | 4 months | Mandatory |
| 1B | The landlord is a private registered provider of social housing and the tenancy is under a rent-to-buy agreement. | 4 months | Mandatory |
| 2 | Property is subject to a mortgage and the lender is exercising a power of sale. | 4 months | Mandatory |
| 2ZA | Landlord’s lease is under a superior tenancy that is ending. (For Private Registered Providers of social housing, agricultural landlords, supported accommodation providers, etc.) | 4 months | Mandatory |
| 2ZB | Landlord’s lease is under a superior tenancy that is ending or has ended. (Only if superior lease was for a fixed term >21 years.) | 4 months | Mandatory |
| 2ZC | After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord and seeks possession. (Restrictions apply.) | 4 months | Mandatory |
| 2ZD | After a superior tenancy ends, the superior landlord becomes the tenant’s direct landlord and seeks possession. (Restrictions apply.) | 4 months | Mandatory |
| 4 | Property was let to students in the last 12 months and is needed again for students (specified educational establishments only). | 2 weeks | Mandatory |
| 4A | A HMO let to full-time students is required for a new group of students. Cannot be used if tenancy agreed >6 months in advance. | 4 months | Mandatory |
| 5 | Property required for a minister of religion. | 2 months | Mandatory |
| 5B | Property held by a PRP of social housing for tenants with employment requirements is needed for that purpose. | 2 months | Mandatory |
| 5C | Dwelling let as a result of tenant’s employment by the landlord, and that employment has ended. | 2 months | Mandatory |
| 5D | A PRP of social housing included an employment requirement in the agreement that the tenant no longer fulfils (e.g., key worker). | 2 months | Mandatory |
| 5E | Property is for supported accommodation and current tenant did not enter the tenancy to receive care, support or supervision. | 4 weeks | Mandatory |
| 5F | Tenancy is for supported accommodation and circumstances have occurred making it no longer viable or suitable for that tenant. | 4 weeks | Mandatory |
| 5G | Tenancy granted for homelessness duty is no longer required for that purpose. | 4 weeks | Mandatory |
| 5H | ‘Stepping stone accommodation’ where tenant no longer meets eligibility criteria. | 2 months | Mandatory |
| 6 | Landlord wishes to demolish or substantially redevelop the property. | 4 months | Mandatory |
| 6A | Tenant was in temporary ‘decant accommodation’ while their original home was redeveloped. | 4 months | Mandatory |
| 6B | Landlord requires possession to comply with enforcement action. Court may order landlord to pay compensation. | 4 months | Mandatory |
| 7 | Death of a tenant where the tenancy was passed on by will or intestacy under specific conditions. | 2 months | Mandatory |
| 7A | Severe Anti-Social Behaviour (ASB) or criminal behaviour (e.g., conviction for certain offences, breach of injunction). | Immediate | Mandatory |
| 7B | Tenant has no ‘right to rent’ under immigration law. | 2 weeks | Mandatory |
| 8 | Tenant has at least 3 months’ rent arrears at time of notice and at court hearing. | 4 weeks | Mandatory |
| 9 | Suitable alternative accommodation is available for the tenant. | 2 months | Discretionary |
| 10 | Any amount of rent arrears. | 4 weeks | Discretionary |
| 11 | Tenant has persistently delayed paying rent. | 4 weeks | Discretionary |
| 12 | Breach of a term in the tenancy agreement (other than rent). | 2 weeks | Discretionary |
| 13 | Deterioration of the property caused by the tenant. | 2 weeks | Discretionary |
| 14 | Anti-social behaviour causing nuisance or annoyance. | Immediate | Discretionary |
| 14A | Domestic abuse where a social landlord wishes to evict the perpetrator. | 2 weeks | Discretionary |
| 14ZA | Tenant or adult living at the property has been convicted of an indictable offence during a riot. | 2 weeks | Discretionary |
| 15 | Deterioration of furniture caused by the tenant. | 2 weeks | Discretionary |
| 17 | Tenancy granted due to a false statement by the tenant. | 2 weeks | Discretionary |
| 18 | In supported accommodation, the tenant is refusing to engage with support. | 4 weeks | Discretionary |
Key changes and safeguards to the possession grounds include:
- A 12-month protected period at the start of a tenancy, during which landlords cannot use the ‘move in’ or ‘sell property’ grounds.
- A 12-month restriction on re-letting or marketing a property after using the ‘move in’ or ‘sell property’ grounds to prevent abuse.
- The mandatory rent arrears threshold for eviction (Ground 8) is increased from 2 to 3 months’ arrears, and the notice period is now 4 weeks.
- Crucially, the Act interlinks compliance across its new pillars. The inability to use most Section 8 grounds without a valid PRS Database registration transforms this registration from a simple administrative task into a prerequisite for fundamental property rights. Similarly, the tenant’s deposit must be correctly protected. These restrictions do not apply to anti-social behaviour grounds.
The New Rent Increase Process
The Act introduces a single, standardised procedure for rent increases, removing the use of rent review clauses in tenancy agreements. Rent can only be increased once per year to the market rate.
The process is as follows:
- The landlord must serve a ‘Section 13’ notice in the prescribed form.
- A minimum of two months’ notice of the increase must be given.
Tenants gain rights to challenge any increase they believe is above the market rate at the First-tier Tribunal (FTT):
- The tribunal cannot set a rent higher than the amount originally proposed by the landlord.
- Rent increases are not backdated and will only apply from the date of the tribunal’s determination.
- The tribunal can defer an increase by up to two months in cases of undue hardship for the tenant.
New Landlord Obligations and Prohibitions
Beyond the structural changes to tenancies, the Act introduces several immediate and legally binding obligations and prohibitions designed to create a fairer and more transparent market. Non-compliance carries significant financial penalties. This section details the new rules on discrimination, rental practices, and pets.
Prohibiting Discrimination
It will be illegal for landlords and letting agents to impose blanket bans or otherwise discriminate against prospective tenants on the basis that they:
- Receive benefits.
- Have children (or will have children visiting or living with them).
While landlords can still conduct referencing and make decisions based on affordability, these checks cannot be based on the source of income or the tenant’s family status. To support this, any terms in new mortgages, insurance contracts, or superior leases that require such discrimination will be made legally ineffective.
Ending Rental Bidding and Limiting Rent in Advance
The Act introduces two distinct prohibitions aimed at curbing unfair rental practices:
- Rental Bidding: Landlords and agents must advertise a property with a specific asking rent. It is prohibited to encourage, ask for, or accept any offers of rent above that advertised price.
- Rent in Advance: It is prohibited to require more than one month’s rent to be paid before the tenancy commences.
Enforcement of these prohibitions will be managed by local councils, who can issue civil penalties for breaches. The penalties are up to £5,000 for violations of the rent in advance rule and up to £7,000 for rental bidding violations. The Tenant Fees Act 2019 is amended to make a payment of rent before a tenancy is entered into a prohibited payment.
Tenant’s Right to Request a Pet
A new process is established for tenants wishing to keep a pet. The tenant must make a request in writing to the landlord, who must consider it and cannot “unreasonably refuse.”
A refusal is explicitly considered reasonable if a superior landlord (e.g., a freeholder in a block of flats) prohibits pets in their lease agreement. If a tenant believes a refusal is unreasonable, they can challenge the decision via the new PRS Landlord Ombudsman or, alternatively, through the courts.
The New Regulatory Infrastructure
The Act’s reforms are not self-policing. To enforce the new standards, Parliament has created a new regulatory infrastructure that introduces mandatory compliance streams and significant non-compliance penalties. This section analyses the operational requirements of the Ombudsman and PRS Database.
The Private Rented Sector Landlord Ombudsman
Membership in the new Ombudsman service will be mandatory for all private landlords in England, including those who use a managing agent.
The Ombudsman’s purpose is to provide tenants with a free, impartial, and binding resolution for complaints regarding a landlord’s actions, inactions, or behaviour. Its powers will be significant and will include the ability to compel landlords to:
- Issue an apology.
- Provide information.
- Take remedial action.
- Pay compensation.
The penalties for failing to join the Ombudsman scheme are substantial. Local councils can issue civil penalties of up to £7,000 for initial breaches, rising to £40,000 or criminal prosecution for repeated failure to join.
The Private Rented Sector Database
All private landlords will be legally required to register both themselves and their properties on a new national PRS Database. This digital platform is designed to serve two primary functions:
- For Landlords: To act as a “one-stop shop” where they can access guidance on their legal obligations and demonstrate compliance.
- For Tenants & Councils: To provide tenants with greater transparency and information when choosing a property, and to equip local councils with the data needed to target enforcement activity against criminal landlords.
Failure to register will have severe consequences. Landlords who are not registered on the database will be unable to serve a possession notice (except on anti-social behaviour grounds). They will also face civil penalties of up to £7,000, with fines rising to £40,000 for repeat offences.
Raising Property Standards and Safety
The final phase of the Act’s implementation will focus on codifying property standards, making it a legal requirement for all privately rented homes in England to be safe and decent. This marks a significant step towards levelling the playing field and ensuring a minimum quality threshold across the entire sector.
Application of the Decent Homes Standard (DHS)
For the first time, the Decent Homes Standard (DHS) will be extended from the social housing sector and applied to the private rented sector. The standard’s core tenets require that properties must:
- Be free from serious health and safety hazards (Category 1 hazards under the HHSRS).
- Be in a reasonable state of repair.
- Have reasonably modern facilities and services.
Local councils will be empowered to enforce the DHS. Their powers will include issuing improvement notices to compel landlords to carry out necessary works and levying civil penalties for non-compliance.
Extension of ‘Awaab’s Law’
‘Awaab’s Law’, which was introduced in the social housing sector following the tragic death of Awaab Ishak, will also be extended to the PRS. This will create implied terms in all private tenancy agreements that legally require landlords to investigate and address serious hazards, such as damp and mould, within specified timeframes.
If a landlord fails to comply with these timeframes, tenants will have two clear routes for redress:
- Taking legal action through the courts for breach of contract.
- Escalating a complaint to the new PRS Landlord Ombudsman.
Enforcement, Penalties, and Redress
The Renters’ Rights Act is underpinned by a significantly strengthened enforcement framework designed to deter non-compliance and hold criminal landlords to account. This section details the enhanced powers of local councils and the expanded scope of Rent Repayment Orders (RROs), underscoring the serious financial and legal risks associated with breaching the new rules.
Key changes to the enforcement landscape include:
- New Two-Tier Civil Penalties: A new structure for financial penalties will be introduced. Initial or minor breaches will incur a civil penalty of up to £7,000. Serious, persistent, or repeat non-compliance will attract a penalty of up to £40,000, with the alternative of a criminal prosecution and an unlimited fine.
- New Investigatory Powers for Councils: Local councils will be granted enhanced powers to build cases against non-compliant landlords. This includes the power to require information from third parties (such as banks and accountants) and the power to enter business premises to gather evidence.
- Strengthened Rent Repayment Orders (RROs): The Act introduces a package of measures to make RROs a more powerful tenant-led enforcement tool:
- The maximum repayment amount is doubled from 12 to 24 months’ rent.
- The application period for tenants or councils to apply for an RRO is extended from 12 to 24 months.
- RROs are extended to cover new offences under the Act (e.g., misuse of possession grounds) and can now be applied to superior landlords and company directors.
- Landlords who have previously been subject to enforcement action for an offence will be required to pay the maximum rent repayment order amount if they commit that offence again, to crack down on repeat offenders.
What we’re doing at LDG
The reforms are expected to professionalise the sector, but the complexity of the new regulations may necessitate using professional letting & managing agents.
Supporting Landlords Through the New Tenancy Landscape
- All staff are being fully trained on the new Assured Periodic Tenancies and the correct application of the revised Section 8 possession grounds.
- Tenancy agreements, guarantor agreements, and all related documentation are being reviewed and updated to reflect the removal of fixed terms, break clauses, and rent review clauses, and to ensure they are suitable for rolling tenancies with no fixed end date.
- Template letters are being prepared to manage tenant pet requests, with clear and legally compliant wording for granting or refusing consent.
- Our professional services team is updating all documentation to comply with the restriction on taking more than one month’s rent in advance before a tenancy starts.
- We are ready to guide landlords through the mandatory registration process for the new Private Rented Sector (PRS) Database, which will be essential for serving notices and accessing many possession grounds.
- Property advertising templates will be updated to include the required landlord and property identifiers from the PRS Database once released.
Processes, Tenant Management & Risk Mitigation
- CRM systems and workflows are being updated to ensure meticulous, real-time recording of tenant communications, breaches, and actions—providing the robust evidence needed for any future Section 8 claims.
- Annual rent review processes are being formalised, using objective market comparables and full documentation to protect landlords from potential First-tier Tribunal challenges.
- A tenant education protocol is being introduced using the government’s information sheet and supplementary materials to manage expectations and reduce confusion around periodic tenancies and rent reviews.
- Referencing partners are being instructed to update affordability checks to reflect the new one-month limit on rent in advance.
Guaranteeing Property Standards and Safety
- Internal management processes are being adapted to meet the requirements of the upcoming Decent Homes Standard and the obligations introduced under Awaab’s Law.
- Our teams continue to work with trusted, pre-approved contractors—including damp specialists, asbestos surveyors, and certified electricians—to ensure serious hazards are addressed promptly and professionally.
- Repair reporting systems are being configured with automated alerts to track statutory deadlines and ensure compliance with the strict response times for Category 1 hazards.
- Regular, detailed property inspections remain a core part of our approach, helping identify issues early and reducing risks such as increased wear and tear from pets.
- Comprehensive compliance inspections are being carried out across portfolios to assess readiness for the Decent Homes Standard and budget for any required upgrades.
- Property advertising templates will be updated to include the required landlord and property identifiers from the PRS Database once released.
