The Renters’ Rights Act represents the most significant reform of the private rented sector (PRS) in decades. Due to come into force from 1 May 2026, the Act introduces wide ranging changes that will affect both new and existing tenancies, with a particular focus on security of tenure and enforcement standards.
The Act will be introduced in three phases, beginning on 1 May 2026. This article highlights the key changes, the immediate steps required for compliance, and what to expect as the remaining phases are rolled out.
Immediate Action for Landlords
By 31 May 2026, landlords must serve the Government issued Renters’ Rights Act Information Sheet 2026 on tenants who hold an assured or assured shorthold tenancy created before 1 May 2026.
This information sheet must be sent to every tenant, and landlords must provide the document itself rather than a link. Failure to comply may result in a civil penalty of up to £7,000, making this an urgent priority.
Phase 1: Changes Effective from 1 May 2026
Abolition of Section 21 “No Fault” Evictions
One of the headline changes is the abolition of Section 21 “no fault” evictions, fundamentally altering how and when landlords can recover possession of their properties.
Under the new Act, landlords will only be able to recover possession using one or more of the statutory grounds under Section 8 of the Housing Act 1988. This means valid and lawful grounds for possession must be demonstrated in every case. The Act explicitly references grounds such as:
- antisocial behaviour;
- damage to the property;
- the tenant falling into significant rent arrears; or
- a change in the landlord’s circumstances.
Introduction of Assured Periodic Tenancies
Another major change is the move to Assured Periodic Tenancies. The vast majority of new and existing tenancies will no longer have a fixed term and will instead operate on a rolling monthly basis.
This means tenants may remain in a property indefinitely unless the landlord is able to rely on a valid Section 8 ground. Tenants, however, retain the right to bring the tenancy to an end by giving two months’ notice. For landlords, this change places greater importance on proper tenancy management.
Reforming Possession Rights
Under the new framework, possession is still available where justified, but procedural requirements are tightened. Where the tenant is in breach of the tenancy, landlords will be able to seek possession at any point.
However, where possession is sought due to a change in the landlord’s circumstances, such as selling the property or moving in themselves, additional safeguards apply. A 12 month protected period applies at the start of the tenancy, followed by a requirement to give the tenant four months’ notice. These provisions are intended to improve tenant security while preserving landlords’ long term property rights.
Rent Arrears
It is important for landlords to note the change for tenants who fall into rent arrears under the new Act. The mandatory threshold for eviction on the basis of rent arrears has increased from 2 to 3 months’ arrears and the notice period from 2 to 4 weeks.
The Act also clarifies that if the arrears are due to the non-payment of Universal Credit, provided the tenant is entitled to receive it, landlords will have no recourse if the payment of benefits is delayed.
Limiting Rent Increases
Landlords will only be able to increase rent once a year and this must fall in line with market rates. Landlords will need to serve a Section 13 notice and provide tenants with a detailed proposal of the rent increase with 2 months’ notice now required before it is due to take effect.
Ban on Rental Bidding and Rent in Advance
The new Act prohibits landlords and agents from asking for, or accepting, offers above the advertised rent. They will be required to publish and honour the advertised rent, and it will be illegal to accept or encourage offers above this. Landlords and agents can no longer ask for more than one month’s rent in advance.
Tenants with Children or in Receipt of Benefits
Landlords and letting agents will be prohibited from treating prospective tenants less favourably because they have children or receive benefits. This includes withholding information, restricting viewings, or refusing tenancies on that basis.
Landlords will still retain discretion when selecting tenants, but decisions must be based on lawful factors such as affordability, rather than household composition or benefit status.
Pets
Tenants will have stronger rights to keep pets in the property. Landlords may no longer unreasonably withhold consent if a tenant requests a pet in the property, and must respond to a request within 28 days. Any refusal must be supported by valid reasons, rather than applied as a blanket policy.
Strengthened Local Council Enforcement and Rent Repayment Orders
The new Act will extend civil penalties; with first or minor non-compliance incurring up to £7,000 in penalties and serious or repeat non-compliance up to £40,000. The Act also places new duties and powers on local councils, who will be able to issue these civil penalties to landlords who fail to comply with the reforms.
Rent repayment orders will also be extended to superior landlords. This means that the tenant-led mechanism through which a landlord who has committed an offence can be ordered to repay an amount of rent to the tenant or local authority, now effects all landlords in a chain of sub-lettings. The maximum penalty will also be doubled (up to 24 months’ worth of rent repayment) and repeat offenders will be required to pay the maximum amount.
Phase 2 (Expected Late 2026)
Phase 2 will see the introduction of a Private Rented Sector Database, requiring all landlords of assured and regulated tenancies to register themselves and their properties online. The database will provide guidance, increase transparency, and support the creation of a Landlord Ombudsman, aimed at resolving disputes without court proceedings.
Phase 3 (Implementation Date to Be Confirmed)
Decent Homes Standard
For the first time, a Decent Homes Standard (DHS) will be introduced. The Act will set out DHS requirements for private rented sector homes and will provide local councils with proportionate enforcement powers.
Awaab’s Law
Following the tragic death of 2-year-old Awaab Ishak in December 2020 due to prolonged mould exposure, Awaab’s law was introduced in October 2025 for social housing. The final phase of the Act will extend Awaab’s Law to the private rented sector with new obligations requiring landlords to handle hazards (such as mould and damp) in their properties within a specific time period. Tenants will also have the ability to bring enforcement actions against landlords through the courts, if their landlord does not comply.
Summary
The Renters’ Rights Act will significantly reshape the private rented sector, placing greater emphasis on tenant security and compliance and enforcement, while redefining how landlords manage possession and tenancies.
Landlords should take early steps to understand their obligations and prepare for these changes. If you would like advice on how the Act affects your properties, compliance responsibilities or possession strategy, please contact a member of our Property Dispute Resolution team, who will be happy to assist.
The information on this site about legal matters is provided as a general guide only. Although we try to ensure that all of the information on this site is accurate and up to date, this cannot be guaranteed. The information on this site should not be relied upon or construed as constituting legal advice and Howes Percival LLP disclaims liability in relation to its use. You should seek appropriate legal advice before taking or refraining from taking any action.
