How the Renter Rights Act Will Effect Landlords

Renting in England and Wales is undergoing a huge transformation, affecting over 11 million private renters and approximately 2.3 million private landlords. The Renter’s Rights Bill received Royal Assent last year meaning that The Renter’s Rights Act 2025 (“The Act”) is due to be introduced in phases commencing from 1st May 2026. The Act seeks to rebalance the landlord-tenant relationship in England and Wales, modernising tenants’ rights and improving housing quality, fairness and safety.

Wace Morgan is a full-service law firm with dedicated Property and Dispute Resolution specialists. In this article, we will explain what the changes mean in practice and how they will affect landlords and consequently what you can do to prepare.

PHASE ONE – CRUCIAL CHANGES FROM 1st MAY 2026

• Abolition of Section 21 No-Fault Evictions: You will no longer be able to use Section 21 of the Housing Act 1988 to evict your tenants.
• End of Fixed-Term Tenancies: Instead, they will be converted into periodic ‘rolling’ tenancies. This means renters will be able to stay in the property until they end the tenancy themselves or you bring the tenancy to an end by serving a valid notice or obtaining a court/possession order.  During the first 12 months of the tenancy, you will not be allowed to move into the property or attempt to sell it; your tenant will have a 12-month protected period, provided they do not breach any of the tenancy terms.
• Reformed Section 8 Grounds: You must use the Section 8 process set out within the Housing Act 1988 for all evictions, relying on specific possession grounds. Possession grounds will be extended to make it easier for you to evict tenants who commit anti-social behaviour or when you wish to sell the property, move into it or move in members of your family.
  • Key changes to Section 8 include:
  • New grounds for mandatory evictions: including your plans to sell, redevelop or move into the property.
  • Longer notice periods: if you intend to sell, redevelop or move into the property, you will need to give the tenant four months’ notice.

• Increased rent arrears threshold for mandatory evictions: tenants will need to incur three months’ rent arrears before you can serve notice to evict them and you’ll need to give four weeks’ notice.
• Reduced notice period for serious anti-social behaviour: mandatory evictions for anti-social behaviour no longer require a notice period, meaning tenants can be evicted immediately.
• Rent Increases Limited: Rent can only be increased once per year, and you must use a formal Section 13 process with at least two months’ notice.
• Rental Bidding Banned: You must advertise a specific rental price under the Tenant Fees Act 2019 enforcement provisions and cannot ask for or accept higher offers.
• Requiring large amounts of rent in advance will be banned: You will only be able to require up to one months’ rent once all parties have signed the tenancy agreement.  You cannot accept any payment of rent before this period.
• Pets Rights: Tenants have the right to request a pet, and you cannot unreasonably refuse. You will have an initial 28 days to consider your tenant’s request, and you will have to provide valid reasons if you refuse it.
• Discrimination Prohibited: It will be illegal to refuse tenants based on having children or receiving benefits.

PHASE TWO – FROM LATE 2026

The introduction of the Private Rented Sector Database and the Private Rented Sector Landlord Ombudsman during this phase will be staggered, commencing with the Regional Rollout of the database for Landlords and Local Councils and then a further roll out of the database and the Introduction of the Ombudsman.

Private Rented Sector Database: A new online register will be launched, requiring landlords to register themselves and their properties, creating a national record of rented properties and the individuals responsible for managing them. You will be required to provide key information for each property, including:

• Property information, such as address, property type, number of bedrooms, occupancy status, and whether the property is furnished.
• Contact details for all landlords.
• Evidence of compliance with safety requirements, including valid Gas Safety Certificates, Electrical Installation Condition Reports (EICRs), and Energy Performance Certificates (EPCs).

Powers will be in place to block you from repossessing your property if you are not registered within the above database. This aims to enhance transparency and help local councils enforce standards.

Private Landlord Ombudsman: Mandatory membership will be required by 2028, allowing tenants to make complaints without going to court. It will also provide guidance and training for landlords, helping you manage complaints effectively.

PHASE THREE – DATE TO BE CONFIRMED

Phase Three will focus on raising standards in the private rented sector, which will be achieved through several means, including:

• DHS: Introducing a Decent Homes Standard in the private rented sector. This will ensure all properties meet a minimum standard of housing quality and provide local councils with powers to take action if a property fails to meet it. It is anticipated that this will be enforced either in 2035 or 2037.
  • Key areas include:
  • Health and safety: Properties must be free from hazards such as damp, mold, structural defects, and faulty electrics.
  • Habitability: Adequate heating, sanitation, and functional facilities must always be provided.
• MEES: All domestic privately rented properties in England and Wales must meet Minimum Energy Efficiency Standards of an EPC rating C or equivalent by 2030 unless a valid exemption is in place.
• HHSRS: There will be a review of the Housing Heath and Safety Rating System.
• Awaab’s Law: Will be extended to the private rented sector This will set legally enforceable timeframes within which you must make homes safe where they contain serious hazards.
  • Hazards include:
  • Damp and mold.
  • Structural issues affecting safety or habitability.
  • Urgent repairs impacting living conditions.

ACTIONS FOR LANDLORDS

• Check existing tenancies: For tenancies starting before 1^st May 2026, you do not need new agreements, but you must send tenants the new government Information Sheet by 31^st May 2026 to avoid a fine.
• Get vital paperwork ready: For tenancies that start on or after 1^st May 2026, you will need to give new tenants certain information about the key terms of the tenancy such as your name, address, rent amount/due date, deposit amount, repair responsibilities and what bills your tenant must pay.
• Prepare for Student HMOs: Special ‘Ground 4A’ allows student landlords to end tenancies at the end of the academic year, but you must have notified them in writing of this potential before the tenancy starts (or by 31st May 2026 for existing tenancies). Once you’ve told them, from 1^st May 2026 to 30^th July 2026, you can then give them two months’ notice to end the tenancy using Ground 4A.  However, after 30^th July 2026 you will need to give at least 4 months’
• Update advertising: Remove “No DSS” or “No Children” clauses from ads, and list at a specific price.
• Review rent structure: Limit rent in advance to a maximum of one month.
• Formalise verbal tenancy agreements: If you have a verbal tenancy agreement with a renter, you will now need to formalize it by giving them a written record explaining the specific terms of the agreement and you must provide this by 31^st May 2026.
• No pet prohibition: You should prepare for the increased risk and costs of no pet prohibitions. You may wish to use tenancy agreements to mitigate risk of potential damage through clauses that reflect the new pet approval process or consider purchasing insurance policies to cover pet damage. You should check your property insurance and risk strategies to ensure adequate mitigation of potential pet related damages.
• Begin auditing properties NOW: Although phase three is not due to come into effect for years, if you begin audits now you start addressing hazards and energy efficiency gaps. Keeping detailed records of inspections, repairs, and compliance certificates will help demonstrate adherence and reduce enforcement risk.
• Stay Informed: Legislation can evolve – keep up to date on the government website for the latest guidance and resources.

HOW WACE MORGAN CAN HELP

If you’re a landlord and are concerned about how the Act will affect you or are concerned about compliance with the Act, our dedicated team at Wace Morgan can help.

Our experts can guide you through these changes by providing the following support:

• Updating tenancy agreements to comply with the new laws
• Advice on lawful possession routes under the revised Section 8 system
• Preparing evidence for eviction cases

Get in touch today for tailored legal advice.