Six months after Phase 1 of the Renters' Rights Act 2025 came into force on 1st May 2026, the private rented sector in England is operating under a different legal framework. Section 21 has gone, every assured shorthold tenancy has become an assured periodic tenancy and Section 8 Notice (Form 3A) is the only legal route to possession.
The picture six months on is mixed. Landlords and letting agents who prepared well have found the new rules workable and in some respects clearer. Others have been caught out by procedural changes, tribunal challenges and confusion over the notice period when tenants serve notice.
A Reminder of What has Changed
The Act received Royal Assent on 27th October 2025 and its tenancy reforms applied to all tenancies, new and existing, from a single commencement date. Notices served under the old rules had to be followed by a court claim issued by 31st July 2026, otherwise they lapsed.
Tenancy structure - Assured shorthold tenancies converted to assured periodic tenancies; fixed terms ended
Possession - Section 21 was abolished; landlords must serve a Section 8 notice and prove a relevant statutory ground
Landlord’s Intent to Sell or Moving into the Property - Mandatory grounds with four months' notice, not usable in the first 12 months of a tenancy
Rent arrears - Mandatory Ground 8 threshold raised to three months' rent or 13 weeks for weekly tenancies
Tenant Notice - Tenants may end the tenancy by serving two months' notice
Rent increases - Once a year, by serving a Section 13 notice (Form 4A) with at least two months' notice
Rent in Advance - Rent in advance is capped at one month once the agreement is signed
Rental Discrimination - Unlawful to refuse tenants because they have children or receive benefits
Tenants’ Right to Request Pets - Tenants may request a pet and landlords cannot unreasonably refuse
Obtaining Possession - the Biggest Shift in Risk
For most landlords the removal of Section 21 is one of the defining changes. Possession now depends entirely on proving a statutory ground under Section 8 and there is no fallback if a notice is defective or the evidence is not sufficient
Capacity in the Courts and First Tier Tribunal remains a concern. Even before the reforms, the Ministry of Justice data showed the average time for possession claims had risen to more than eight months. Landlord surveys conducted around the introduction of the Renters’ Rights Act found that nine out of ten landlords were worried about backlogs. The government maintains that the courts can cope, however, landlords should plan on the basis that possession will take many months from notice, not weeks. Discussions with insurers must be at the forefront of landlords’ minds.
Reliance on Grounds 1 and 1A - A landlord who intend to sell the property or move into the property cannot rely on these grounds in the first 12 months of a tenancy. Further restrictions also apply and will prevent landlords from advertising, marketing and re-letting the property 12 months from the date of expiry of the section 8 notice.
Historic Errors carry Consequences. Failure to protect a deposit or serve the prescribed information correctly and in line with Section 213 of the Housing Act 2004 will impact the validity of the section 8 notice.
Rent increases - One Route and a New Risk
Rent can only be increased once a year by serving a Section 13. Rent review clauses no longer relevant and landlords / letting agents must compile comparables to evidence the reasons behind the increase. Tenants will have the right to challenge the increase once notice has been served by paying £47.00 to the FTT. The delay at the FTT is burdensome and if the FTT agree the increase, the rent increase will not be backdated.
Therefore, a clear discussion with tenants and landlords before the section 13 notice is sensible to ascertain whether there will be any objection from the tenant.
Landlord Confidence and Supply
Confidence among smaller landlords has been tested. Before Royal Assent, 24% of landlords surveyed by the said they planned to leave the market as a result of the changes in reform.
For landlords who remain, strong demand means well-presented and well-managed properties continue to let quickly. For letting agents, landlord exits have brought sales instructions but reduced lettings stock, and the advisory role has become far more important as clients weigh up whether to stay, restructure or sell.
The Value of the Letting Agent
Letting agents have absorbed a lot of the practical burden of ensuring their landlords stay compliant. New templates, systems, processes relating to pre-tenancy, during tenancy and post tenancy have been rewritten.
Employees have been retrained and landlord clients briefed, and continuously updated. Mistakes, erros and omissions carry much greater risk for both landlords and letting agents.
Letting agents continue to manage landlord expectations on timescales for possession, rent increases, provide explanations on:-
why tenants can now request pets
why rent of more than one month’s rent cannot be taken upfront
why some tenants are able to serve one month’s notice and others must serve two months' notice
The Positives
The picture is not only one of added burden. From a landlord and agent perspective, there are real benefits.
• Certainty. After years of uncertainty, the rules are settled and businesses can plan around them.
• Defined grounds. Where a landlord genuinely needs to sell, move into the property or deal with arrears, anti-social behaviou or any other breach, the rules are clear.
• Longer tenancies. Periodic tenancies remove fixed term tenancies.
• Market rents remain achievable. Properly evidenced rent increases will be upheld.
• A level playing field. Stronger council enforcement and the PRS Database are aimed at the minority of landlords who are not complying and never have complied with relevant legislation.
• Demand for lettings who know what they are doing. Competent, well-trained and professional letting agents will prevail.
Looking Ahead
On 15th December 2026, landlord registration on the new Private Rented Sector Database opens, starting in the West Midlands. Registration will be mandatory, an annual fee of £65.00 per property will apply and councils will be able to act against landlords who have failed to register themselves and their properties.
On 9th October 2026, the government also opened a Consultation on how Awaab's Law should apply to the private rented sector. This will require landlords to investigate and fix damp, mould and other Category 1 hazards within set timescales. Implementation is not expected before 2027, but landlords and letting agents should review their reporting mechanisms, educate tenants and understand the importance of navigating maintenance and repairs.
Practical Priorities
1. Audit every tenancy file for deposit protection and prescribed information
2. Confirm the government Information Sheet was provided to existing tenants and written statements of terms are issued for all new tenancies
3. Diarise rent increases and implement the Form 4A
4. Evidence every rent increase with achieved rents for comparable properties
5. Keep detailed records of arrears, correspondence, inspections and repairs to support any Section 8 ground to be relied upon
6. Apply a consistent, documented referencing process that complies with the rules that prevent Rental Discrimination
7. Brief landlords on claims for possession timescales, particularly where landlords intend to rely on grounds 1 and 1A
8. Gather property and compliance data now for PRS Database registration
The Guild of Letting & Management supports letting agents, property managers, block managers, landlords and local authorities through accredited training, CPD, compliance resources and practical advice. Members can access updated guidance and template documents reflecting the Renters' Rights Act, alongside training on possession, rent increases and the PRS Database. Further information is available at guildofletting.com.