The Intermediary – February 2026 - Flipbook - Page 60
BUY-TO-LET
Opinion
Renters’ Rights
Act: What you
need to know
he Renters’ Rights Act
2025 (RRA) is set to
transform the private
rented sector (PRS). It
brings in a regulatory
framework that will,
among other measures, abolish fixedterm tenancies and Section 21 ‘no-fault
evictions’. The RRA will be introduced
in phases, with the most significant
changes taking effect from 1st May
this year.
However, a number of changes are
already in force. At this preliminary
stage, local authorities have already
gained new investigatory powers
and reporting duties to deal with
non-compliance with legislation. In
addition, new exemptions have been
introduced for Housing Act 1988
tenancies, meaning that tenancies for
more than 21 years can no longer be
‘Assured Tenancies’ and they will fall
outside of the new regime.
T
Expected delays
The headline change introduced by
the Act is the abolition of Section 21
‘no-fault’ evictions, preventing any
further use of the most used process
for regaining possession.
The last date to serve a Section 21
notice is 30th April 2026, although
landlords are strongly advised not
to leave the service of Section 21
notice until the last minute, and
the final date for commencing
possession claims on existing notices
is 31st July.
Under the RRA, landlords will
still be able to reclaim possession of
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The Intermediary | February 2026
their properties but will need to rely
on amended and expanded Section 8
grounds, such as a genuine intention
to sell or move into the property
or where there has been antisocial
behaviour, property damage or serious
rent arrears.
Most notably, the RRA changes the
threshold for mandatory possession
due to rent arrears to three months
from two months, with an increased
notice period of four weeks rather
than the existing two weeks’ notice.
In addition, where landlords seek to
sell the property or move themselves
or family members into the property,
there is a 12-month protected period
before those grounds can be relied on
and a four-month notice period must
be provided.
The extension of notice periods
under the Section 8 possession
grounds significantly extends the
process for landlords and careful
planning around these notice periods
will be required.
Obtaining possession will be
increasingly court-dependent, with
potential delays exacerbated by an
already burdened system. An online
possession claim service is expected
to be introduced in April 2027, but
interim delays are already being
experienced, and further delays are
likely once the new rules come into
force in May.
A new regime
Fixed term tenancies will become a
thing of the past. All new and existing
tenancies automatically transition
into Assured Periodic Tenancies,
rolling indefinitely on a monthly basis
until the tenant gives notice to leave or
the landlord obtains possession under
the Section 8 grounds. Notice periods
for tenants are two months unless
the landlord has agreed to a shorter
notice period.
All new tenancies from 1st May
will require a wrien statement of
terms (covering mandatory details
like names, rent, deposits and repair
duties) to be provided to tenants before
they sign.
Expanded tenant support
The RRA also sees the introduction
of significant controls on rental
pricing. From 1st May, landlords may
increase rent only once per year, on
two months’ notice via a prescribed
Section 13 notice. Tenants may
challenge excessive rises through a
simple process with the First Tier
Tribunal, and such challenges can be
brought within the first six months of
a tenancy or aer a Section 13 notice
has been served.
This provides clearer predictability
for tenants, however, the elimination
of the ability for landlords to increase
rents to respond to fast-moving
market conditions will need to be
carefully managed by seing realistic
and appropriate rent levels from
the outset.
The RRA also prohibits advanced
rent and bidding wars. Landlords
cannot accept any higher offers than
the advertised rent. Payment of
advance rent for new tenancies aer
