UPDATED 26 November 2025
The much talked-about Renters’ Rights Bill received Royal Assent on 27 October 2025, becoming the Renters’ Rights Act. This legislation marks the biggest shake up of the private rental sector in a generation, and landlords must get ready.
| Pre-Renters’ Rights Act position
Until now, landlords have had two main routes to regain possession of their property from a tenant. The Housing Act 1988 sets out both routes. One route is under Section 21 and the other is under Section 8.
Under Section 21, provided they can demonstrate to the court that they have complied with all their obligations, landlords can regain possession of their property without providing a reason. The tenant does not need to be at fault in any way. This is often referred to as the ‘no fault’ possession route.
Under Section 8, landlords can regain possession of their property if tenants are in breach of their tenancy. The landlord must establish one of the grounds for possession. Common grounds relied upon include rent arrears and anti-social behaviour.
| Key changes under the Renters’ Rights Act
- Section 21 abolished: Landlords can no longer evict tenants without a reason. So, to regain possession of a property, landlords will need to satisfy a court that there is a reason they require possession.
- New grounds for possession: These include where landlords want possession to sell the property. Where landlords obtain possession on the ground that they want to occupy or sell the property, they will be prevented from re-letting the property for 12 months after regaining possession. Landlords should consider how quickly they can sell the property after regaining possession to avoid the costs of owning a house they cannot let.
- Assured tenancies replace ASTs: Many tenancies are currently assured shorthold tenancies (ASTs). Once the Renters’ Rights Act comes into force, all new tenancies will be assured tenancies and existing ASTs will convert to assured tenancies. Assured tenancies will not be for any defined period and will be periodic throughout. This means they roll over every rent payment date. Tenants will be able to terminate on giving usually two months’ notice. Landlords will need to satisfy one of the grounds in Section 8 to regain possession.
- Landlord registration: Landlords must register on a national database. Without registration, they will be unable to obtain possession of their property unless there has been serious criminal or anti-social behaviour.
- Mandatory ombudsman scheme: Landlords must join a new scheme aiming to help resolve disputes quickly without court involvement.
- Longer notice periods: Currently, landlords can serve a two-week notice seeking possession under Section 8 if the tenant is in two months of rent arrears. Under the Renters’ Rights Act, the arrears threshold increases to three months, and the notice period to four weeks. In practice, this means tenants could be at least four months behind on rent before possession proceedings can begin.
| Timescales
The government has now issued its roadmap for implementation of the Renters’ Rights Act. We are pleased to see that they have announced a phased system with a sensible transitional period.
The first phase will involve changes to new tenancies and the introduction of new grounds for possession. From 1 May 2026, all new tenancies must be assured tenancies and all existing tenancies will be converted to assured tenancies. In addition, the new grounds under section 8 Housing Act 1988 will be implemented. From 1 May 2026, landlords will no longer be able to issue a notice for possession under section 21 Housing Act 1988.
Prior to 1 May 2026, both section 8 and section 21 will remain viable methods of obtaining possession. The last date to serve a notice seeking possession under section 21 will be 30 April 2026. The last date to issue proceedings seeking possession under section 21 will be 31 July 2026.
The government has postponed the introduction of the national database until late 2026. It has confirmed that landlords will pay an annual fee, but provided no details regarding the level of that fee. The introduction of the ombudsman will also be staged. It is anticipated the ombudsman scheme will not start until 2028.
We will set out more detail about what landlords need to do and when in a separate post. We will continue to monitor and provide updates throughout the implementation phases.
Tenants may try to take advantage of the inevitable uncertainty arising from new legislation to challenge legitimate claims for possession on technical grounds. Courts will need to provide early guidance to clarify which claims tenants can challenge and which should succeed.
| Costs for landlords
There are many uncertainties surrounding the costs of the changes made by the Renters’ Rights Act. Landlords are likely to face costs for joining the new ombudsman scheme and registering on the national database.Both are compulsory and landlords will need to factor those costs, once known, into the running costs associated with their properties.
The requirement for a judge to hear all claims for possession is also likely to increase the costs of the possession process. Tenants seeking alternative accommodation through the Council are reluctant to leave properties due to fear they will be deemed to make themselves ‘intentionally homeless’ and not be prioritised for accommodation.
Section 21 proceedings involve completing a claim form and collating all documents in support of the claim, often resulting in lower legal costs. This gives tenants the possession order the Council requires to re-house them without the landlord incurring unnecessary costs.
Landlords who instruct solicitors to regain possession under the Renters’ Rights Act will now need to incur the cost of an advocate to prepare for and attend court on their behalf. Those costs will apply regardless of whether the tenant contests the eviction.
| Next steps
We will continue to watch the government’s next steps and provide updates as the implementation timeline becomes clearer.
In the meantime, get in touch if you would like advice on possession claims or how the Renters’ Rights Act might affect your property. Call our expert team on 0800 988 7756, or fill in our contact form and we will call you back.
