Renting is changing in England. Reforms to the private rented sector are bringing in new rights and responsibilities for landlords, letting agents and tenants.
Starting and ending tenancies
Section 21 ‘no fault’ evictions have been abolished:
- You can no longer use Section 21 of the Housing Act 1988 to evict your tenants.
Reformed possession grounds apply:
- You can only evict tenants when you have a specific, legally valid reason (a ‘possession ground’).
- Landlords now have expanded possession grounds that allow them to evict tenants if they intend to sell the property, move in themselves, or accommodate family members.
Fixed term tenancies are banned:
- Most new and existing tenancies in the private rented sector are now assured periodic tenancies (‘rolling tenancies’).
- This means renters can stay in their property until they end the tenancy or until a landlord serves a valid notice to end it or obtains a court/possession order.
- Renters can end the tenancy at any point by giving two months’ notice.
Actions to consider:
- Understand the new legal grounds for possession.
- Keep clear records if planning to sell, refurbish, or move in.
- Communicate openly with tenants to reduce disputes.
Eviction notices and repossession
As a landlord, the process you need to follow depends on when you served the possession notice. Notices served before 1 May 2026 may continue under transitional rules if they were valid and remain valid. Notices served on or after 1 May 2026 must follow the new rules.
If you served notice before 1 May 2026
If you served a valid Section 21 or Section 8 notice before 1 May 2026, and the notice remained valid immediately before that date, you may still be able to continue with possession proceedings under the previous rules.
Key points
- A Section 21 notice served before 1 May 2026 can still be used in certain circumstances, provided it was served correctly and remains valid.
- A Section 8 notice served before 1 May 2026 continues under the possession grounds and notice periods that applied at the time it was served.
- If the notice is invalid, or the correct procedure was not followed, you may need to start the possession process again using the post-1 May 2026 rules.
- If you are unsure whether a notice remains valid, you may wish to seek independent legal advice before taking further action.
If you serve notice on or after 1 May 2026
Since 1 May 2026, you can no longer use a Section 21 (‘no fault’) notice to regain possession of a privately rented property. You must use the Section 8 process and rely on a valid legal ground for possession.
Key points
- You cannot use a Section 21 notice for private rented tenancies from 1 May 2026.
- You must use a Section 8 notice, using Form 3A or a form substantially to the same effect.
- You must have a valid legal reason, known as a ground for possession, to seek possession.
- The ground relied on will determine the notice period and the evidence required.
- If the tenant does not leave after the notice period expires, you will normally need to apply to the court for a possession order.
Examples of common grounds for possession
Examples of situations where you may be able to seek possession include where:
- you intend to sell the property;
- you or a close family member intends to move into the property;
- the tenant has significant rent arrears;
- the tenant has engaged in antisocial behaviour
Before taking action
Before taking possession action, as a landlord you should:
- check which rules apply based on the date the notice was served;
- make sure the correct notice and form are used;
- keep evidence to support the possession ground relied on;
- follow the correct court process where required;
- not serve a Section 21 notice after 1 May 2026; and
- not assume a notice served before 1 May 2026 remains valid if the original legal requirements were not met.
This a summary and for information only, seek independent legal advice before taking action.
Changes to rent and payments
Rent increases are limited to once per year:
- You must follow the legal process for increasing the rent.
- This includes providing the tenant with notice and detailing the proposed rent increase at least two months before that increase is due to take effect.
- Tenants will be able to challenge a proposed rent increase that is above the market rent.
Rental bidding is banned:
- You must include a specific price on any written property advertisement.
- You must not ask for, encourage or accept an offer that’s higher.
Requiring large amounts of rent in advance is banned:
- You can only require up to one month’s rent in the period between all parties signing the tenancy and the tenancy starting.
- Once the tenancy has begun, you must not require any payment of rent before it’s due.
Actions to consider:
- Create a rent review calendar.
- Base increases on market conditions.
- Keep records of rent changes and justifications.
- Get to know your market and do your research.
Fees landlords can charge
Under the Tenant Fees Act 2019, as amended by the Renters’ Rights Act 2025, you and any letting agent acting on your behalf can only ask tenants to make certain permitted payments.
Permitted payments
- Rent – you can charge rent once the tenancy agreement has been signed. From 1 May 2026, you must not ask for, encourage or accept rent before the tenancy agreement is signed. After the agreement is signed, you can ask for up to one month’s rent in advance before the tenancy starts.
- Tenancy deposit – a refundable security deposit. This is usually capped at five weeks’ rent where the annual rent is less than £50,000, or six weeks’ rent where the annual rent is £50,000 or more.
- Holding deposit – a refundable payment to reserve a property, capped at one week’s rent.
- Tenant-requested tenancy changes – reasonable costs where a tenant asks to vary the tenancy.
- Early termination costs – reasonable costs where a tenant asks to end the tenancy early or does not give the correct amount of notice.
- Utilities and household bills – payments towards utility bills, communication services, TV licence and council tax, where the tenancy agreement makes the tenant responsible.
- Default fees – limited to late payment of rent and replacement of lost keys or security devices, where these are written into the tenancy agreement.
Important
- Any charge that is not on the permitted list is prohibited.
- Default fees must be reasonable and limited to the permitted circumstances.
- Letting agents must publish their fees on their website. Where a property is advertised on a third-party website, the advert must include the fees or link to the agent’s website where the fees are listed.
- For information about fees that can be charged as part of a tenancy see guidance - Fees you can charge as part of a tenancy from GOV.UK.
New requirements for tenancies
Landlords need to make sure they understand and follow the rules on tenancy agreements and written information. You must give your tenant written information about the terms of their tenancy.
- Tenancies that started before 1 May 2026 – you won’t need to change or re-issue any existing written tenancy agreements. Instead, all you’ll need to do is send your tenants a government-produced information sheet before 31 May 2026. See below.
- Tenancies that started on or after 1 May 2026 – you need to provide your tenants with certain information about the tenancy in writing. You could do this in a tenancy agreement. Tenancy agreements: written information for your tenant - Guidance - GOV.UK.
Actions to consider:
- Review tenancy agreements.
- Distribute the Renters Rights Act Information Sheet.
- Keep up to date via the government website.
Letting to students
If you let to students in the private rented sector, you should check whether the new tenancy rules apply to the accommodation you provide. Different rules may apply to university halls and purpose-built student accommodation, so do not assume all student accommodation is treated in the same way.
- If you let a private student house or flat, the new tenancy rules may apply.
- If the accommodation is university halls or purpose-built student accommodation, different rules may apply.
- Check the type of accommodation and tenancy before serving notice, asking tenants to leave, or issuing a new agreement.
One specific possession ground you should be aware of is Ground 4A.
Ground 4A: student accommodation
Ground 4A is a possession ground for certain student properties. It may allow you to seek possession of a student HMO where the property is needed for a new group of full-time students in line with the academic year.
A property is usually a house in multiple occupation (HMO) if at least three tenants live there, form more than one household, and share facilities such as a toilet, bathroom or kitchen.
- Ground 4A can only be used where the HMO is let to full-time students.
- The landlord must need the property for a new group of students for occupation between 1 June and 30 September, in line with the academic year.
- You must have given advance notice that you may rely on this ground.
- The ground cannot be used if the tenancy was agreed more than six months before the tenancy started.
- If the tenant does not leave after the notice period, the landlord will need to apply to the court for a possession order.
Notice period: you must give at least four months’ notice before applying to the court for a possession order under Ground 4A.
What landlords should do
- Check the accommodation type. Confirm whether the property is a private rented home, university halls, or purpose-built student accommodation.
- Check whether Ground 4A applies. If you intend to rely on Ground 4A, make sure the property, tenancy, timing and advance notice requirements are met.
- Check the tenancy agreement. Make sure the agreement reflects the correct tenancy type and does not include terms that are inconsistent with the new rules.
- Keep clear records. Keep copies of tenancy agreements, notices, correspondence and any evidence needed to support possession action.
- Use the correct possession process. If you need possession, make sure you use the correct notice, form, ground and notice period.
- Seek advice if unsure. If you are unsure which rules apply, consider seeking independent legal advice before taking action.
Further information
For full guidance, you should refer to the relevant GOV.UK guidance on possession notices served before 1 May 2026 and Repossessing your privately rented property after 1 May 2026.
This page is a general summary only. As a landlord, you are responsible for making sure you follow the correct legal process and may wish to seek independent legal advice before taking possession action.
Discrimination against renters will be illegal
- You must not do anything to make a tenant less likely to rent a property (or prevent them from renting it) because they have children or receive benefits.
- This includes withholding information about a property (including its availability), preventing them from viewing it, and refusing to grant a tenancy.
Actions to consider:
- Review your screening process.
- Focus on affordability, references, and credit history.
- Remove outdated or exclusionary policies.
- Ensure agents follow the same standards.
You must consider tenant requests to rent with a pet
- You need to consider your tenant’s request to keep a pet and respond within the required timeframe. If you refuse, you need to give a valid reason.
Actions to consider:
- Develop a fair pet policy.
- Consider property suitability and maintenance needs.
Stronger local authority enforcement
Councils, including Salford City Council, have greater powers to investigate and enforce compliance. These investigatory powers take effect from 27 December 2025.
On 1 May 2026, civil penalties and other enforcement measures under the Act apply to the new requirements (including higher fines for certain breaches and greater use of Rent Repayment Orders).
Actions to consider:
- Stay updated on local regulations.
- Conduct regular inspections.
- Engage proactively with the council.
Requirement to issue tenants with official ‘Renters’ Rights Act Information Sheet 2026’
- Landlords (or their letting agents) must give relevant tenants an official Information Sheet explaining how the Renters Rights Act 2025 affects their tenancy from 1 May 2026.
- The sheet must be downloaded from the official GOV.UK page: The Renters’ Rights Act Information Sheet 2026 - GOV.UK
- Deadline: if the tenancy is in scope, the Information Sheet must be provided by 31 May 2026 or you could be fined up to £7,000.
You must give this Information Sheet if the tenancy:
- Is an assured or assured shorthold tenancy.
- Was created before 1 May 2026.
- Has a wholly or partly written record of terms (including a written tenancy agreement).
How it must be provided:
- Printed hard copy delivered by hand or posted or
- PDF sent electronically as an attachment (for example, by email or text message) (do not provide a link to the PDF, as this will not be valid)
- A copy must be given to every tenant named on the tenancy agreement.
- It is advisable to record when, how, and to whom the information sheet was provided.
Further information:
- Download The Renters’ Rights Act Information Sheet 2026 - GOV.UK (the Information Sheet is only valid when downloaded from the official page)
- The legislation does not require you to change or re-issue any existing written tenancy agreement.
- If you have a tenancy based entirely on a verbal agreement, that was made before 1 May 2026, then you cannot give this Information Sheet. Instead, landlords must provide written key terms. You can find out more about this by searching GOV.UK for ‘Tenancy agreements: written information for your tenant’.
Other elements of the Renters’ Rights Act will take effect in later phases. In the future, a database, an ombudsman, Awaab’s Law, and the Decent Homes Standard will all be implemented in the private rented sector. Guidance will be published to help you understand what these changes mean for you and your business nearer the time.