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Secure PaymentMar 2026
The Renters’ Rights Act 2025 (“The Act”) is the biggest change to housing law since the Housing Act 1988. For residential landlords, this means important changes to how tenancies operate, how you can regain possession, and how rent increases work. The first phase starts on 1 May 2026, so there are steps you should take before then.
Together with Lawrence McDonald and Tanita Cross from Exchange Chambers, we recently held a webinar to help our clients understand and prepare for these changes.
If you missed the webinar, here are the main points you need to know.
The Act will roll out in three phases. Phase 1 is the most urgent for landlords.
Phase 1: 1 May 2026
Phase 2: from late 2026
A mandatory Private Rented Sector (PRS) Database and a PRS Landlord Ombudsman will be set up. Landlords will have to join and fund both. You likely won’t need to join the Ombudsman scheme until 2028.
Phase 3: longer term (dates TBC)
The Decent Homes Standard and Awaab’s Law, which currently apply to social housing, will be extended to cover private landlords.
Landlords have often used Section 21 to regain possession without needing a specific reason. From 1 May 2026, this option will no longer be available.
If you plan to use a Section 21 notice, you must serve it properly by 30 April 2026. After serving, you need to start possession proceedings within six months of the notice date or by 31 July 2026, whichever is sooner.
With Section 21 gone, Section 8 will be the main way to regain possession. The Act increases the number of grounds from 17 to 37. Here are the key points about the most common grounds.
The threshold for ground 8 (mandatory possession based on arrears) increases:
The notice period for mandatory grounds 8 and discretionary grounds 10 and 11 will go up from 2 weeks to 4 weeks. This means you can only start proceedings after 3 months or 13 weeks of arrears plus 4 weeks’ notice.
A new mandatory ground will enable landlords to regain possession if they plan to sell the property. There are important conditions that will apply:
The existing ground that enables landlords to recover possession if they or their spouse or civil partner intends to move into the property will be amended and broadened. The key features are:
HMO landlords letting to full-time students can use Ground 4A to regain possession at the end of the academic year, provided all of the following conditions are met:
From 1 May 2026, landlords must use the new Form 3A (due to be published before that date). The notice must include the full wording of every ground relied upon and the correct notice period. County Court possession proceedings and the Possession Claim Online Service (for rent arrears claims) will continue as before.
The Act makes it mandatory for landlords to follow the Section 13 procedure to increase rent.. Landlords will only be able to raise the rent once per year, and only to the market rate. The required process is:
Tenants will be able to challenge a rent increase for being above market rate to the First-tier Tribunal (FtT).
Landlords will be required to consider written requests from tenants to keep a pet and respond within 28 days. If you request more information about the pet, the tenant must provide it within 7 days. Consent cannot be unreasonably refused, and a tenant can challenge a refusal through the PRS Ombudsman or the courts.
From 1 May 2026, landlords must not refuse to let to someone, or make it unreasonably difficult for them to rent, on the basis that they have children or receive benefits (or that you believe they do). This applies at every stage: providing information about the property, arranging viewings, and entering into a tenancy agreement. These provisions will also catch poor treatment designed to discourage someone from renting.
Enforcement will be much stronger. Local housing authorities and county councils can issue civil penalties for breaches that happen on or after 1 May 2026:
Since 27 December 2025, local authorities have had new investigatory powers. They can now require information from third parties, such as banks and accountants, and enter business premises (and in more limited circumstances, residential premises) to gather evidence.
From 1 May 2026, Rent Repayment Orders (“RRO”) will cover more breaches and offences, and the maximum amount that a landlord can be ordered to repay has doubled to 24 months’ rent. Tenants and local authorities will have 24 months to apply for an RRO, instead of only 12 months. Penalties can apply to the immediate or superior landlord, anyone acting for the landlord, company directors, and others who manage or control a property.
The Act sets different rules for existing and new tenancies:
For existing tenancies (started before 1 May 2026): if you have a written agreement, you do not need to replace it. But you must give all named tenants an Information Sheet by 31 May 2026. If the tenancy is only verbal, you must give written details of the key terms by the same date.
For new tenancies (starting on or after 1 May 2026): you must give tenants certain required information in writing, usually as part of the tenancy agreement. The final list of what you need to provide will be published in March 2026.
Before you serve a Section 8 notice, you must show that the deposit is protected, you have met all scheme requirements, and you gave the tenant the required information. If not, you must show that the deposit has been returned to the tenant. These rules do not apply if you are using the antisocial behaviour grounds (7A and 14). Deposits must still only be taken as money.
With the 1 May 2026 deadline coming up, here’s what you should do now:
The Renters’ Rights Act 2025 brings many changes, and this article covers the main points. If you have questions about how these changes affect your properties or tenancies, our team can help. Contact us to discuss your situation.