Renters’ Rights Act 2025: What landlords need to know 

The Renters’ Rights Act 2025 represents the most significant overhaul of the private rented sector in a generation. For landlords, it demands careful attention: not only because of the scale of the changes it introduces, but because several of those changes carry hard deadlines that are now approaching quickly. 

At the centre of the legislation is the abolition of Section 21, the provision that has allowed landlords to seek possession of a property without having to demonstrate fault on the part of the tenant. For many landlords, particularly those who have been letting property for some years, Section 21 has been the default tool for managing the end of a tenancy. Its removal fundamentally alters the legal landscape for everyone operating in the private rented sector. 

This article sets out what landlords need to understand about the transition away from Section 21, how possession will work under the new framework, and what the broader changes introduced by the Act mean in practice. 

The end of Section 21: understanding what is being lost 

Section 21 of the Housing Act 1988 has for many years provided landlords with a relatively straightforward way of recovering possession of a property let on an assured shorthold tenancy. Its key feature is that it does not require the landlord to rely on any ground for possession. Provided the legal requirements have been met, a landlord can serve notice and, if the tenant does not leave, apply to the court for a possession order. 

To serve a valid Section 21 notice, landlords must first comply with a number of legal obligations. These include protecting the tenant’s deposit in a government-authorised scheme and providing to the tenant the scheme’s prescribed information. Landlords must also provide certain documents to the tenant, including gas safety certificates, a valid energy performance certificate and the government’s How to Rent guide. If these requirements have not been met, any section 21 notice may be invalid. 

Where a valid notice has been served and the tenant remains in occupation after the notice period expires, the landlord can apply to court for possession. Most Section 21 cases are dealt with through the accelerated possession procedure. This is largely a paper-based process and does not normally require a full hearing, which is one of the reasons it has been widely used by landlords and their advisers. 

It is precisely because Section 21 has been so widely used that its removal represents such a material change. Once it is gone, there is no equivalent mechanism. Every possession claim will instead need to be grounded in one of the statutory bases set out under Section 8. 

The transition: key dates every landlord must know 

The Renters’ Rights Act does not remove Section 21 immediately. We are currently progressing through a transitional period during which the existing rules continue to apply, but that window is closing, and the relevant deadlines are fixed. 

The final date on which a valid Section 21 notice can be served is 30 April 2026. Landlords who are already considering recovering possession of a property and who wish to use this route must ensure that a valid notice is served before that date, and that all the procedural requirements have been satisfied. 

Serving the notice is not, however, the end of the matter. If the tenant does not leave following the expiry of the notice period, the landlord must issue court proceedings within a specified timeframe. The last date for issuing proceedings based on a Section 21 notice served during the transitional period is 31 July 2026. Landlords who allow this deadline to pass without issuing proceedings will lose the ability to rely on the notice and will need to pursue possession through Section 8 instead. 

The consequences of attempting to serve a Section 21 notice after the transitional period ends are significant. Any notice served on or after 1 May 2026 will have no legal effect, and landlords who attempt to do so may face a civil financial penalty of up to £7,000. This is not a technical risk to be managed; it is a firm statutory prohibition. 

For landlords who have an existing tenancy and are uncertain whether to act before the deadline, taking early legal advice is strongly recommended. The procedural requirements for a valid Section 21 notice are not always straightforward to satisfy, and attempting to serve a notice without first verifying compliance with those requirements risks invalidating the process. 

Possession after Section 21: how Section 8 works 

From 1 May 2026, possession will only be available through the Section 8 process. Understanding how Section 8 works, and how it differs from the Section 21 regime, is therefore essential for any landlord thinking about how they will manage their properties going forward. 

Unlike Section 21, Section 8 requires a landlord to establish that one or more of the legally recognised grounds for possession applies. Some of these grounds are mandatory, meaning the court must grant possession once the ground is established. Others are discretionary, meaning the court will weigh up the circumstances and what they consider to be reasonable before deciding whether possession is appropriate. 

The Renters’ Rights Act updates a number of the existing grounds and introduces several new ones. Among the grounds available to landlords will be cases where a tenant has accumulated significant rent arrears or where there have been repeated short-term arrears even if these are cleared before the hearing. Other grounds relate to tenant behaviour, such as antisocial conduct or criminal activity. The legislation also recognises circumstances in which the landlord requires the property back for their own purposes, including where the landlord or a close family member intends to occupy the property as their principal home, or where the landlord has a genuine intention to sell the property. 

A particularly important addition in this context is the introduction of Ground 1A, which allows a landlord to seek possession where they genuinely intend to sell the property. In practice, this ground is expected to become one of the most commonly relied upon following the abolition of Section 21, particularly for landlords who wish to exit the market or realise the value of their investment. However, the legislation includes safeguards designed to prevent misuse.  

Where possession is obtained on the basis that the property will be sold, the landlord will be prohibited from allowing the property to be occupied again for a period of 12 months. If the property is re-marketed, re-let or otherwise occupied during that period, the landlord may face a financial penalty. Landlords considering relying on this ground will therefore need to ensure that their intention to sell is genuine and capable of being demonstrated if challenged. 

Unlike with section 21 notices, a landlord must be able to show that the factual basis for a section 8 ground exists, and, where the matter proceeds to court, present evidence in support of their claim. For discretionary grounds, the court will consider whether it is reasonable in all the circumstances to order possession, which introduces an element of uncertainty that Section 21 proceedings did not. If a landlord tries to rely on a ground which they do not reasonably believe they are entitled to rely upon they risk facing significant financial penalties.  

This shift places greater emphasis on landlords maintaining thorough records throughout the tenancy. Rent payment histories, correspondence with tenants, records of complaints and their resolution, and any documentation relating to the condition of the property may all become relevant where a possession claim is contested. Landlords who have not previously needed to think carefully about record-keeping will need to adjust their approach. 

Changes to the rent arrears ground 

One of the more significant adjustments the Act makes to the Section 8 framework concerns the mandatory ground for rent arrears. This ground has historically been one of the most commonly used bases for possession and has provided landlords with a relatively clear-cut route to court where a tenant has failed to pay rent. 

Under the current rules, Ground 8 allows a landlord to seek mandatory possession where a tenant is in arrears of at least two months’ rent at the date of the notice, the issue of court proceedings and at the date of the hearing. Because this is a mandatory ground, the court is required to grant possession if the threshold is met, leaving no room for judicial discretion. 

The Renters’ Rights Act raises this threshold to three months’ arrears. The notice period will also increase from two weeks to four weeks. These changes mean that landlords facing non-payment will need to wait longer before they can initiate proceedings, and will need the arrears position to be more serious before the mandatory ground becomes available. In cases where a tenant reduces their debt to below the threshold before the hearing, the mandatory ground will fall away, potentially leaving the landlord to rely on a discretionary ground instead. 

The practical implications of this change are considerable, particularly for landlords who depend on rental income to service mortgage obligations. Factoring the extended timescales into how arrears are managed from an early stage, including through clear communication with tenants and prompt action when payments are missed, will be important. 

The move to periodic tenancies and changes to rent increases 

Beyond possession, the Renters’ Rights Act introduces structural changes to the nature of residential tenancies themselves. From 1 May 2026, all tenancies in the private rented sector will become assured periodic tenancies. The fixed-term assured shorthold tenancy, which has been the standard form of residential letting arrangement for many years, will be no more.  

Under the periodic tenancy model, a tenancy does not expire at the end of a fixed term. Instead, all tenancies will be periodic automatically, with rent periods not exceeding one month, until either party brings the tenancy to an end. Tenants will be entitled to end a periodic tenancy by giving two months’ notice. Landlords will need to rely on one of the Section 8 grounds to recover possession. 

The Act also introduces tighter controls on rent increases. Landlords wishing to increase the rent will need to follow the statutory Section 13 procedure, and increases will be limited to once in any twelve-month period. Where a tenant disputes a proposed increase, the matter can be referred to a tribunal for determination. Landlords should ensure that any proposed rent increases are clearly documented, properly notified, and consistent with the statutory process. 

What landlords should be doing now 

Key changes introduced by the Renters’ Rights Act come into effect after next month, and for landlords who are not prepared, the consequences could be significant, both financially and in terms of their ability to manage their properties effectively. 

For landlords who are considering recovering possession of a property and who wish to use Section 21, time is pressing. A notice must be served by 30 April 2026 and proceedings must be issued by 31 July 2026. Given that the validity of a Section 21 notice depends on compliance with a range of procedural requirements, it would be unwise to leave this until the last moment. 

More broadly, landlords should take stock of how the new framework will affect their existing tenancies and their approach to letting in the future. This means understanding which Section 8 grounds are likely to be relevant to their circumstances and reviewing how records and documentation are maintained. 

The legislation also creates an opportunity to review practices that may have worked well enough under the old regime but which will need to adapt. Landlords who approach the transition thoughtfully, and who take advice where they are uncertain, will be better placed to manage their portfolios effectively under the new framework. 

Coodes Solicitors’ Dispute Resolution team advises landlords on all aspects of tenancy management and possession proceedings. If you are considering serving a Section 21 notice before the transitional period closes, or if you would like advice on how the Renters’ Rights Act will affect your property portfolio, we can help you understand your options and take the right steps at the right time. 

About the author: Emily Stark is a Solicitor in the Dispute Resolution team at Coodes Solicitors. She works across a range of litigation matters, with a particular focus on property disputes, including landlord and tenant issues. Emily also has experience advising on professional negligence claims. 

Get in touch: emily.stark@coodes.co.uk or 01872 246 219