Renters' Rights Act 2026: 33 Landlord Questions Answered
The Renters’ Rights Act 2025 is the biggest change to private rented sector law in England in over 30 years. Every question landlords are asking — answered plainly.
What Changes on Day One (May 2026)
These provisions are not phased in. Everything below hits simultaneously on the commencement date:
- Section 21 is abolished — any notice served after commencement is legally void
- All tenancies become periodic — this includes existing fixed-term agreements still mid-contract
- Rent review clauses become void — only Section 13 notices can raise rent from that point
- Pet rules apply — blanket no-pets clauses are unenforceable; written requests must be considered
- Awaab’s Law deadlines begin — fixed investigation and repair timelines for serious hazards including damp and mould
The full commencement timeline explains what has been confirmed and what is still subject to secondary legislation.
What You Should Do Before Commencement
- Serve any Section 21 notices now if you have a genuine need for possession and the tenancy is valid — deposit protected, EPC provided, gas safety certificate served, How to Rent guide handed over, no outstanding improvement notices
- Audit your tenancy agreements — identify rent review clauses (void from May 2026), pet clauses (must be updated), and fixed-term end dates (irrelevant after commencement)
- Learn the Section 8 grounds — particularly Ground 1 (selling), Ground 1A (moving in), Ground 8 (8+ weeks’ arrears), and Ground 8A (repeated arrears pattern). These become your only legal route to possession
- Prepare for the Property Portal — gather current gas safety certificates, EICRs, and EPCs now. Registration is expected 2026–2027
- Set up a pet request process — you must respond in writing within 42 days or the request is automatically accepted
About the Act
Q: What is the Renters’ Rights Act?
The Renters’ Rights Act is legislation that fundamentally changes the legal relationship between private landlords and tenants in England. Its headline changes: it abolishes no-fault evictions (Section 21), moves all tenancies to periodic rolling agreements, restricts rent increases to once per year via a formal process, prevents landlords unreasonably refusing pets, and creates a mandatory national database for landlords and properties.
Q: Does it apply to me?
If you let property on an assured shorthold tenancy (AST) in England, yes. It does not apply in Scotland (which has its own system), Wales (which has the Renting Homes (Wales) Act), or Northern Ireland.
Q: When does it come into force?
The Act received Royal Assent in 2025. The main provisions — Section 21 abolition, periodic tenancies, pet rules, and rent increase restrictions — come into force in May 2026 for all tenancies simultaneously. See the full timeline.
Q: Is this the same as the Renters Reform Bill?
The Renters’ Rights Act replaces the Renters Reform Bill, which was dropped when the 2024 general election was called. The new Act is similar in many respects but differs in one key area: existing tenancies and new tenancies transition on the same date, rather than in stages.
Section 21 Questions
Q: Has Section 21 been abolished?
Yes, from May 2026. Any Section 21 notice served after that date is legally invalid.
Q: Can I serve a Section 21 notice now before it’s abolished?
You can, provided you meet all the current validity requirements — deposit protected, prescribed information served, EPC and gas safety certificate provided, How to Rent guide served. However, if your notice period extends past the abolition date, you may face difficulties in court. Get legal advice before relying on a Section 21 that runs close to the cut-off.
Q: Why is Section 21 being abolished?
The government’s stated reason is that tenants were being evicted for asking for repairs, complaining about conditions, or simply because a landlord could. No-fault evictions were cited as a leading cause of family homelessness. Whether or not you agree, the political will was there and the Act has passed.
Q: What replaces Section 21?
Section 8 notices — but with strengthened, expanded grounds. You can recover possession for selling (Ground 1), moving in (Ground 1A), serious rent arrears (Ground 8), repeated arrears (Ground 8A), anti-social behaviour (Ground 14), and other legitimate reasons.
Read the full guide on what happens when Section 21 ends.
Periodic Tenancies
Q: What is a periodic tenancy?
A periodic tenancy rolls on indefinitely, month to month, with no fixed end date. It continues until either the landlord or tenant gives valid notice to end it.
Q: Do all tenancies become periodic automatically?
Yes. From May 2026, all assured shorthold tenancies — new and existing — become periodic by law. Fixed-term tenancies are abolished. You cannot offer a new fixed-term agreement.
Q: Can a tenant leave a periodic tenancy whenever they want?
They can give 2 months’ written notice at any time. There is no minimum period before they can give notice (though you cannot use Ground 1 or 1A in the first 12 months as a landlord). This gives tenants more flexibility, which may increase turnover for some landlords.
Q: What if I have a tenant mid-way through a fixed term when the Act comes in?
Their tenancy automatically converts to a periodic tenancy on the enforcement date. The fixed-term end date becomes irrelevant. They can stay indefinitely or give 2 months’ notice to leave.
Q: Can I include a minimum tenancy period?
Not in the same way. You cannot make a tenant stay for a fixed period. However, you may be able to structure the tenancy so that you cannot use certain grounds (like Ground 1 selling) within the first 12 months — this protection for tenants is already built into the Act.
Rent Increases
Q: Can I still raise the rent?
Yes, once per year. You must use a Section 13 notice, giving at least 2 months’ notice. The increase must reflect market rates.
Q: What happens to my rent review clause?
It becomes void. Any clause in your tenancy agreement that provides for rent increases — whether index-linked, fixed percentage, or otherwise — is unenforceable from May 2026. Only Section 13 notices apply.
Q: What if a tenant challenges my rent increase?
They can refer it to the First-tier Tribunal (Property Chamber). The Tribunal will assess the open market rate for your property. Crucially, the Tribunal cannot set a rent higher than your proposed increase — so there is no risk of them raising it above your figure. If your increase is reasonable and evidenced, you will likely succeed.
Q: Can I increase rent at the start of a new tenancy?
Yes. Between tenancies, you set the rent at whatever market rate you choose. The Section 13 restrictions apply during an ongoing tenancy, not when re-letting to a new tenant.
Pets
Q: Do I have to allow pets?
You cannot unreasonably refuse a tenant’s written request to keep a pet. That is different from having to allow every pet. You can refuse if there is a genuine reason — a leasehold restriction, a small property unsuitable for the animal, or multiple pets already.
Q: What can I require if I agree to a pet?
You can require the tenant to have pet damage insurance and to pay for any damage caused. You can set reasonable conditions about the type or number of pets. You cannot demand a higher deposit than the statutory cap allows (5 weeks’ rent).
Q: What if I don’t respond to a pet request?
If you don’t respond within 42 days, the request is automatically accepted. Set a reminder and respond in writing within the window, even if your answer is a considered refusal with reasons.
Q: Can I include a no-pets clause in my tenancy agreement?
A blanket no-pets clause is unenforceable from May 2026. You can include a clause that says pets are subject to the landlord’s written consent — but you must then consider each request properly.
The Property Portal
Q: What is the Private Rented Sector Database?
A national digital register where every landlord must register their rental properties. It will hold details of properties, landlords, safety certificates, and compliance records. Tenants will be able to search it publicly.
Q: When does it launch?
Exact date not yet confirmed. Expected 2026–2027. We will update this guide when announced.
Q: What happens if I don’t register?
Failure to register is a criminal offence. You cannot legally market or let a property without a valid registration. Local councils will use the database to identify non-compliant landlords.
Q: What will I need to upload?
Property details, your identity as landlord, and compliance certificates — gas safety, EICR, EPC. Keep all your certificates current and easily accessible now. See the Property Portal registration guide for the full list of requirements.
Decent Homes Standard
Q: What is the Decent Homes Standard?
A set of minimum conditions that rental properties must meet. Previously it only applied to social housing. Under the Renters’ Rights Act it extends to the private rented sector. Properties must be free from serious hazards, in reasonable repair, and thermally comfortable.
Q: What counts as a serious hazard?
Category 1 hazards under the Housing Health and Safety Rating System (HHSRS) — these include serious damp and mould, excess cold, electrical hazards, and structural collapse. If your property has any of these, fix them now before enforcement begins.
Q: Is my older property at risk?
Older properties are more likely to have issues with excess cold, damp, or outdated electrical installations. Get a survey if you’re unsure. Proactive remediation costs far less than a Rent Repayment Order or enforcement action. Read the Decent Homes Standard guide for the full list of requirements.
Penalties and Enforcement
Understanding the consequences of non-compliance is as important as understanding the rules themselves.
Civil penalties:
- Unlawful eviction or harassment of a tenant: up to £40,000 per offence, imposed by the local housing authority
- Serving a notice that doesn’t comply with the Act’s requirements: the notice is void; penalties may apply depending on circumstances
- Retaliatory eviction: serving a possession notice within 6 months of a tenant complaint about conditions creates a legal presumption of retaliation — the notice can be struck out by a court even if you had a separate legitimate reason
Criminal offences:
- Failing to register on the Property Portal is a criminal offence once registration is mandatory. Conviction carries an unlimited fine. You cannot legally advertise or let a property without a valid registration
- Unlawful eviction outside the court process remains a criminal offence under the Protection from Eviction Act 1977, carrying up to 2 years’ imprisonment and an unlimited fine
Rent Repayment Orders:
Tenants — or the local council — can apply to the First-tier Tribunal (Property Chamber) for a Rent Repayment Order (RRO) where a landlord has committed certain qualifying offences. These include failing to register on the Portal, harassment, and unlawful eviction. The Tribunal can order repayment of up to 12 months’ rent. RROs already exist under the Housing and Planning Act 2016; the Renters’ Rights Act extends the list of triggering offences. Crucially, the tenant does not need to have suffered a financial loss — the RRO is a punitive deterrent.
Decent Homes enforcement:
Local councils have existing powers under the Housing Act 2004 to issue Improvement Notices and Emergency Prohibition Orders for Category 1 HHSRS hazards. The extension of Decent Homes to the private sector increases the likelihood of proactive enforcement sweeps. Properties flagged through the Portal (for example, those with overdue safety certificates) may be prioritised for inspection.
General Landlord Questions
Q: Can I still sell my property with tenants in it?
Yes. You can use Ground 1 (selling) under Section 8, giving 4 months’ notice. You cannot use it in the first 12 months of a tenancy. If you genuinely intend to sell, this ground will be available to you.
Q: Can I move back into my property?
Yes, using Ground 1A — you or a close family member wants to occupy it as a main home. Again, 4 months’ notice, not available in the first 12 months.
Q: Will the court process take longer now Section 21 is gone?
Possibly. Section 21 accelerated procedure was faster than a contested Section 8 claim. Budget for 3–6 months of legal process in disputed cases. Keep this in mind when evaluating risk during tenant referencing.
Q: Does any of this apply to Wales or Scotland?
No. Wales has the Renting Homes (Wales) Act 2016 (which already abolished fixed-term tenancies and changed eviction rules). Scotland has the Private Residential Tenancy (PRT) system. Northern Ireland has different rules entirely.
Q: Where can I get help if I have a complex situation?
For specific legal questions, contact a solicitor specialising in landlord and tenant law, or the National Residential Landlords Association (NRLA) if you are a member. If a tenant makes a formal complaint against you, do not attempt to evict them — that is the fastest route to a retaliatory eviction finding. Take legal advice first. See the Landlord Ombudsman guide for the new dispute resolution requirements.
This guide is for information only and does not constitute legal advice. Last updated May 2026.
Protect your rental property
Specialist landlord insurance covers buildings, liability, loss of rent and tenant damage — most policies are tax-deductible against your rental income.
Compare landlord insuranceFrequently Asked Questions
Does the Renters' Rights Act apply to all landlords in England?
Yes. It applies to all private landlords in England with assured shorthold tenancies. It does not apply in Scotland, Wales, or Northern Ireland, which have separate legislation.
When exactly does Section 21 end?
Section 21 is abolished from May 2026 for all tenancies — new and existing simultaneously. Any notice served after that date is legally invalid.
Can I evict a tenant at all after the Renters' Rights Act?
Yes. Section 8 grounds allow you to recover possession for legitimate reasons including rent arrears, anti-social behaviour, wanting to sell, or wanting to move in. The process requires a valid ground and correct notice.
What fines can landlords face under the Renters' Rights Act?
Civil penalties up to £40,000 for unlawful eviction or harassment. Failure to register on the Property Portal is a criminal offence carrying an unlimited fine on conviction. Rent Repayment Orders allow tenants to claim back up to 12 months' rent if a landlord commits certain qualifying offences.
What is Ground 1A under Section 8?
Ground 1A allows a landlord or their close family member to occupy the property as their only or principal home. You must give 4 months' notice and cannot use this ground in the first 12 months of a tenancy. Misuse — for example, evicting a tenant and then immediately re-letting — can result in a Rent Repayment Order.