Renters' Rights Act 2025: what commences in 2026

Why it matters

For landlords, these changes represent a fundamental shift in how tenancies are managed, particularly regarding tenancy length and possession. The inability to rely on a fixed term end or a no-fault eviction means meticulous record-keeping, proactive property maintenance, and clear communication with tenants are more crucial than ever. Compliance with all statutory obligations – from safety certificates to property standards – is paramount to retain legal grounds for possession and avoid significant penalties, impacting both finances and operational efficiency.

Legal requirements

• All new assured tenancies granted from the commencement date in 2026 will be periodic from the outset.
• All existing assured tenancies will automatically convert to periodic tenancies on a specified conversion date, meaning fixed terms will no longer apply.
• Landlords must issue a written statement of terms for all periodic tenancies, including information on rent, utility responsibilities, and landlord and tenant obligations.
• Section 21 of the Housing Act 1988 is abolished, meaning landlords can only seek possession using a strengthened set of Section 8 grounds.
• Rent increases are limited to once per 12-month period, requiring a minimum of two months' written notice to the tenant.
• Tenants gain the right to challenge unreasonable rent increases at the First-tier Tribunal.
• Landlords must ensure their property meets the new Decent Homes Standard, which extends to the private rented sector.
• Membership of a mandatory private rented sector ombudsman scheme becomes compulsory for all landlords in England.
• Landlords must comply with the requirements for the Private Rented Sector Database, registering their property and themselves.
• Tenants have the right to end a periodic tenancy with a minimum of two months' written notice at any point.

Common mistakes

• Assuming existing fixed-term tenancy agreements will continue until their stated end date without conversion.
• Attempting to serve a Section 21 notice after the abolition date, leading to invalid proceedings and wasted costs.
• Failing to issue a new written statement of terms for converted periodic tenancies, potentially weakening possession claims.
• Increasing rent more than once a year or with insufficient notice, making the increase unenforceable.
• Neglecting property maintenance, which can create strong defence claims for tenants against possession or lead to enforcement action under Awaab's Law.
• Not registering with the mandatory private rented sector ombudsman scheme, leading to penalties and inability to legally let property.
• Overlooking the requirement to comply with the Private Rented Sector Database, risking fines.
• Ignoring the importance of all required safety certificates and prescribed information, as these are prerequisites for using certain possession grounds.

Practical guidance

• Review all current tenancy agreements to understand their conversion status and prepare for the shift to periodic terms.
• Update your tenancy agreement templates to reflect the new periodic tenancy structure and statutory obligations.
• Familiarise yourself thoroughly with the strengthened Section 8 grounds for possession and their specific evidence requirements and notice periods.
• Establish clear processes for issuing rent increase notices and be prepared for potential tribunal challenges.
• Ensure all necessary property safety certificates (gas, electrical, EPC) are up-to-date and provided to tenants.
• Proactively address property maintenance and repair issues, aiming to comply with the Decent Homes Standard and Awaab's Law to prevent tenant claims and ensure habitability.
• Plan for mandatory registration with the private rented sector ombudsman scheme and the Private Rented Sector Database.
• Educate your letting agent or internal team on all changes to ensure full compliance and avoid errors.
• Maintain clear and comprehensive records of all communications, inspections, and repairs, as these will be crucial for any future possession claims.
• Consider professional legal advice to ensure your documentation and procedures are fully compliant with the Renters' Rights Act 2025.

Conversion to Periodic Tenancies: What Landlords Need to Know

The Renters' Rights Act 2025 abolishes the concept of fixed-term tenancies in the private rented sector in England. From the commencement date in 2026, all new assured tenancies will be periodic from their inception. Furthermore, all existing assured tenancies will automatically convert to periodic tenancies on a designated 'conversion date' following the main commencement. This means that landlords can no longer rely on a fixed end date to regain possession of their property. Instead, tenancies will continue indefinitely unless ended by either the landlord, using one of the new Section 8 grounds, or the tenant, by providing two months' notice. Landlords must update their tenancy agreements to reflect this new periodic structure and ensure they provide a written statement of terms to all tenants, detailing rent, responsibilities, and termination procedures.

The End of Section 21 and Strengthened Section 8 Grounds

Perhaps the most significant change introduced by the Renters' Rights Act 2025 is the abolition of Section 21 'no-fault' evictions. From the commencement date, landlords in England will no longer be able to use Section 21 of the Housing Act 1988 to regain possession of their property without a reason. Instead, all possession claims must be brought under Section 8, which has been significantly strengthened and expanded. New mandatory and discretionary grounds have been introduced, covering scenarios such as anti-social behaviour, persistent rent arrears, and a landlord's desire to sell the property or move into it themselves. Each ground has specific evidence requirements and notice periods, making it crucial for landlords to meticulously document all interactions and issues throughout the tenancy. Failure to comply with these requirements will invalidate a possession claim.

Rent Increases and Tenant Challenges

The Act streamlines and regulates rent increases for periodic tenancies in England. Landlords will be permitted to increase rent once every 12 months, and they must provide tenants with a minimum of two months' written notice of any proposed increase. This notice must be in the prescribed format. A key aspect of the new legislation is the enhanced right for tenants to challenge rent increases they believe are unreasonable. Tenants can refer such challenges to the First-tier Tribunal (Property Chamber), which will determine the market rent for the property. Landlords should therefore ensure any proposed rent increases are fair and justifiable, based on local market conditions and the property's condition, to avoid potential disputes and tribunal proceedings. For more on managing rental income, consider our page on Rent arrears and affordability: what the data shows.

Preparing for Commencement: A New Regulatory Landscape

The commencement of the Renters' Rights Act 2025 forms part of a broader regulatory overhaul for private landlords in England. Alongside the changes to tenancy types and possession grounds, landlords must prepare for several other critical requirements. These include mandatory membership of a new private rented sector ombudsman scheme and registration on the Private Rented Sector Database. Furthermore, the Decent Homes Standard, previously applicable only to social housing, will extend to the private rented sector, requiring landlords to ensure their properties meet specific quality criteria, including issues relating to damp and mould, as covered by Awaab's Law: fixed timescales for damp and mould. Non-compliance with these new standards and registration requirements can lead to significant penalties and may jeopardise a landlord's ability to seek possession.

Devolved Administrations: Scotland, Wales, and Northern Ireland

It is important to note that the Renters' Rights Act 2025 applies exclusively to England. The devolved administrations have their own distinct legislative frameworks for private rented housing. In Scotland, the Private Housing (Tenancies) (Scotland) Act 2016 introduced the 'Private Residential Tenancy,' which is open-ended and offers different possession grounds. Wales operates under the Renting Homes (Wales) Act 2022, replacing assured tenancies with 'occupation contracts' that also primarily offer greater security of tenure and revised possession routes. Northern Ireland continues to operate largely under the provisions of the Private Tenancies (Northern Ireland) Order 2006, which includes fixed-term and periodic tenancies and different notice periods for possession. Landlords operating in these regions must consult the specific legislation relevant to their jurisdiction.