Phase 1 of the Renters’ Rights Act 2025 Changes Everything

With only one week to go before Phase 1 of the Renters’ Rights Act 2025 comes into play effect, the government has published the commencement order which brings into force certain provisions of the legislation. From 1st May 2026, the core reforms apply to the private rented sector:-

• All tenancies under the Housing Act 1988 become assured periodic tenancies

• Fixed-term ASTs become periodic

• Section 21 are removed

• The only mechanism to increase rent will be via Section 13 (Form 4A)

• Landlords must rely on Section 8 (Form 3A) to obtain possession but only if they have a reason

• Tenants willl have the right to request a pet

For now these changes will not apply to social housing.

Alongside the structural tenancy changes, several important provisions take effect:

Transitional Rules — Where the Real Complexity Lies

The Regulations are not just about the new law—they are about how old and new systems interact.

Legacy Assured Tenancies — A Critical Exception

Under the Renters’ Rights Act 2025, possession rights are not applied uniformly across all tenancy types. A category that is frequently overlooked is the “legacy assured tenancy”, being a tenancy granted before 1 May 2026 which was not an assured shorthold tenancy (AST) under the Housing Act 1988. Whilst these tenancies will transition into the new assured periodic framework, they do not carry the full range of possession rights introduced by the Act.

A significant limitation is that landlords cannot rely on Ground 1A, the new statutory ground permitting possession for the purpose of sale. This is an intentional restriction within the legislation. Although Ground 1A is widely viewed as a functional replacement for Section 21 in sale scenarios, does not apply to legacy assured tenancies, irrespective of the landlord’s intentions or circumstances.

Student Accommodation — Temporary Flexibility

A temporary adjustment has been introduced for student accommodation under the Renters’ Rights Act 2025. In relation to Ground 4A (the student possession ground), the standard notice period of four months is reduced to two months for notices served between 1 May and 30 July 2026. This short-term flexibility is intended to support the transition into the new regime and to ensure that the 2026/27 academic letting cycle can proceed without disruption.

Rent Increases

Where rent has already been increased via a rent review clause before 1 May 2026.

A further increase via Section 13, which prevents landlords from “Double increasing” rent using both contractual and statutory routes.

Rent Repayment Orders & Timing

The expanded RRO regime will only apply only to offences committed on or after 1st May 2026. This avoids retrospective liability.

What This Means in Practice

These Regulations under the Renters’ Rights Act 2025 signal a shift in the operation of the private rented sector.

The landscape is moving away from a more flexible approach where landlords had greater control over tenancy terms and the setting of rent, towards a regulated framework, with prescribed processes, clearer statutory controls, and increased compliance expectations.

The Key Risks for Landlords and Letting Agents

From 1st May 2026, the most common areas of risk are likely to include:

• Incorrect timing of rent increases

• Misinterpretation of transitional provisions

• Reliance on incorrect or improperly used possession grounds

• Breach of rent bidding restrictions

• Greater exposure to rent repayment order (RRO) claims & penalties

Final Thought

The implementation of the Renters’ Rights Act 2025 is not a single point of change, but a phased transition.

The primary risk lies not simply in the new rules, but in how they interact with existing tenancies and ongoing processes—making a clear understanding of those transition points essential to avoiding costly errors.