From 1 May 2026, the private rented sector in England is due to see the biggest shake-up in a generation. The Renters’ Rights Act 2025 (sometimes referred to simply as the “Renters Act”) introduces a new tenancy system, ends Section 21 “no-fault” evictions, and brings in a range of changes aimed at improving fairness and standards for renters, while still allowing landlords to recover possession where there’s a genuine reason.
This article is a practical overview of what’s changing and what you can do when you can no longer serve a Section 21 notice.
The headline changes from 1 May 2026
1) Fixed term contracts fall away
The Act moves to a simpler structure where assured tenancies become periodic (rolling on) rather than fixed-term. Existing assured shorthold tenancies (fixed term tenancies) will convert to periodic tenancies on 01 May 2026.
2) Section 21 is abolished
The era of so-called “no-fault” evictions (via Housing Act 1988 Section 21) ends on 01 May 2026, landlords will only be able to regain possession under specific, defined grounds. If a Section 21 notice is served before 01 May 2026 it only has a shelf life to 31 July 2026 meaning it can only be relied on for court proceedings up until that date.
The current ‘accelerated’ possession claim route through the court will cease to exist.
In practice: landlords will need to rely on Section 8 grounds (i.e., specified legal reasons) to regain possession.
3) Possession is still possible – but you’ll need a ground and evidence
The Renters Rights Act expands possession grounds under section 8 (of Housing Act 1988) and adds safeguards. For example:
- If the landlord wishes to obtain possession in order to move back into the property to occupy it as their principle residence remains and there is a new ground 1A which relates to the situation where the landlord is selling the property. Amongst other things there is a 12-month protected period at the start of the tenancy where ground 1A can’t be used, and landlords must give 4 months notice.
- Rent arrears: the mandatory threshold increases the need from 2 months to 3 months arrears in order to rely on rent arrears ground and the notice period increases.
4) Rent increases: a single route, once per year, with a right to challenge
Rent increases will be subject to tighter controls. A landlord will need to review how and when they increase rent. Rent increases are limited to once per year.
Tenants can challenge above-market increases at the First-tier Tribunal. The Renters Rights Act also ends the risk of the Tribunal setting a rent higher than the landlord proposed, and ends backdating so increases apply from the Tribunal’s decision date (with scope to defer in hardship cases).
5) “Bidding wars” are banned
The introduction of new rules forbids rental bidding wars. Landlords/agents must publish the rent they are seeking and must not ask for, encourage, or accept bids above it.
6) Limits on rent in advance
The Renters Act amends the rules so landlords/agents can’t demand large amounts of rent in advance. In summary, it restricts rent-in-advance requirements and limits what can be required up front (with specific rules set out in the guidance).
7) Stronger rules on discrimination (“No DSS” and families with children)
Discrimination on the grounds of benefits and blanket bans (such as on pets) will face stronger scrutiny and the introduction of new rules forbid discrimination and it will be unlawful to refuse prospective tenants because they receive benefits or have children. The Act targets both direct and indirect discriminatory practices.
8) Renting with pets: landlords must consider requests fairly
Landlords must not unreasonably withhold consent when a tenant asks to keep a pet and tenants can challenge unfair refusals.
If you can’t use Section 21, what can you do?
Section 21 has often been used because it felt “cleaner” and more predictable. Once it can no longer be used the key will be to be more structured, evidence-led and more careful with process.
Here are the practical steps we recommend.
1) Identify the right Section 8 ground early
Your possession strategy must evolve, review the grounds you will rely on. Take steps to familiarise yourself with the new grounds.
- Audit all tenancy agreements, advertising practices and rent-review mechanisms.
- The role of compliance, documentation and defensible processes becomes of paramount importance.
This reform is tenant-centric with a big emphasis on security and fairness.
Ask: What’s the real reason we need the property back? Common examples include:
- serious or persistent rent arrears
- anti-social behaviour
- breach of tenancy terms
- the landlord genuinely needs to sell or move in
The Renters Act’s guidance includes a table of grounds and notice periods and landlords will need to set out how the ground applies if the tenant doesn’t leave and the matter goes to court. The ability to adapt will be central to success as a private landlord.
2) Build your evidence file from day one
This becomes more important than ever. Depending on the ground, this might include:
- the tenancy agreement and prescribed documents
- a clear rent schedule (what’s due/paid/outstanding)
- communications about arrears, repairs, complaints and access
- incident logs and third-party evidence for anti-social behaviour
- proof of intent to sell or move in (e.g., agent instructions), where relevant (and ensure written notice is given to the tenant at the outset if you think you may need to rely on this ground)
A well-organised file can make the difference between a smooth possession claim and delay/cost.
3) Check the timing protections before serving notice
Two key examples from the guidance:
- 12-month protected period at the start of the tenancy for “sell” or “move in” grounds
- enhanced notice requirements in certain scenarios (the grounds table is your starting point)
4) Don’t try to “solve” tenancy issues via rent hikes
The Renters Rights Act is designed to prevent “backdoor eviction” through excessive above-market rent increases. Rent increases should be used to reflect market rent not to pressure a tenant to leave and tenants can challenge increases at Tribunal.
5) Keep compliance front and centre (because it can affect possession)
The Renters Rights Act introduces a Private Rented Sector Database: landlords of assured and regulated tenancies will be required to register and if a landlord is in breach, there are restrictions on obtaining a possession order (with limited exceptions). A number of years ago Wales introduced a similar system.
Review how you manage tenant requests (such as for pets, benefits), how you plan possession, how you record and manage changes.
There’s also a Private Rented Sector Landlord Ombudsman, with binding decisions and consequences for non-membership and non-compliance.
A quick note on timing and “what starts when”
Government information indicates the tenancy reforms begin on 1 May 2026 with some measures rolling out over time. If you’re planning policy, documentation or tenancy template updates it’s worth confirming what applies to your portfolio and the effective dates to reduce any risk.
How we can help
If you’re a landlord or letting agent, the biggest risks we’re seeing ahead of May 2026 are:
- serving the wrong notice / using the wrong ground
- not having the evidence needed if a claim is defended
- relying on old processes that no longer work post-Section 21
- sleepwalking into disputes around rent increases, pets or discrimination
We can help you:
- review your tenancy documentation and processes for the new regime
- advise on the most appropriate possession ground(s) and strategy
- manage disputes pragmatically and, where needed, robustly
If you would like to discuss anything regarding how these changes may affect you please do not hesitate to call us on 0333 400 4499 or email mail@cognitivelaw.co.uk
This article was put together by our expert property team, including:
Mayumi Hawkes – Commercial Property Consultant – mayumi.hawkes@cognitivelaw.co.uk
Caroline Knowles-Ley – Property Dispute Consultant – caroline.knowles-ley@cognitivelaw.co.uk
Amy Harvey – Litigation Consultant – amy.harvey@cognitivelaw.co.uk