The Renters' Rights Act received Royal Assent and will fundamentally change the relationship between landlords and tenants in England. The most significant change is the abolition of Section 21 — the so-called 'no-fault' eviction route that landlords have relied on for over 30 years. This article explains the key changes and the practical steps landlords must take.
The End of Section 21
Once the Act commences, landlords will no longer be able to serve a Section 21 notice to recover possession without giving a reason. All tenancies will become periodic from the outset — there will be no more fixed-term assured shorthold tenancies. This means landlords must rely entirely on the Section 8 grounds to recover possession.
The New Section 8 Grounds
The Act significantly expands the Section 8 grounds. Key new and amended grounds include:
- Ground 1A — landlord wishes to sell the property (2-month notice, available after 12 months of tenancy)
- Ground 1 — landlord or close family member wishes to move in (2-month notice, available after 12 months)
- Ground 8 — rent arrears of at least 3 months (mandatory ground, 4-week notice)
- Ground 14 — anti-social behaviour (immediate notice in serious cases)
- Ground 6A — property required for redevelopment under planning permission
Decent Homes Standard
The Act extends the Decent Homes Standard to the private rented sector for the first time. Landlords will be required to ensure their properties meet minimum standards covering structural integrity, heating, sanitation, and freedom from serious hazards. Local authorities will have new enforcement powers.
Ombudsman and Database
All private landlords must register with a new Private Rented Sector Ombudsman and list their properties on a new national database. Failure to register will be a criminal offence. The database will be publicly accessible and will record landlord compliance history.
Rent Increases
Landlords will only be able to increase rent once per year and must use the new prescribed form. Tenants will have the right to challenge any increase they consider above market rate at the First-tier Tribunal. Landlords cannot include rent review clauses that allow more frequent increases.
What Landlords Should Do Now
- Review all existing tenancy agreements and identify which will be affected on commencement
- Register with the Private Rented Sector Ombudsman as soon as registration opens
- List all properties on the new national database
- Carry out a property condition audit against the Decent Homes Standard
- Review your rent increase procedures and update your processes
- Take legal advice on any possession proceedings you are considering — serve Section 21 notices before commencement if appropriate
- Update your tenancy agreement templates to remove fixed-term provisions
If you are considering serving a Section 21 notice before the Act commences, you must act quickly. Once the commencement date passes, Section 21 will no longer be available — even for existing tenancies.