The Renters’ Rights Act Three Months On – Challenges and Opportunities

On 1st May 2026, Phase 1 of the Renters' Rights Act came into force – the most significant overhaul of the private rented sector since the Housing Act 1988 (Amended). Assured Shorthold Tenancies gave way to periodic agreements, Section 21 was abolished,  Section 8 became the only notice landlords can rely on to obtain possession and Section 13 the only lawful route to increase rent; rent in advanced has been limited to one monthly payment; landlords are not able to accept offers above the advertised asking price; there are no rent control or caps on rent increases, and rents can be increased in line with market rent; joint tenants can serve notice to bring the tenancy to an end without consulting with their co-tenants.

Three months on, enough has happened in practice to take a look at how things are working. Rather than another change-by-change recap, here's what the sector is dealing with, where it's quietly benefitting, and where the legislation itself may need to be reviewed.

It’s all About Section 8

Section 8, Schedule 2 of the Housing Act 1988(Amended) will be the notice relied upon by landlords to obtain possession. Every claim for possession requires a ground to rely upon with evidence, a much heavier ‘evidential bar’ than letting agents and landlords were used to, which could therefore expose gaps in record-keeping.

The transitional deadline of 31st July 2026, by which any pre-1st May notices needed proceedings issued at court, added real pressure last month. If the deadline was missed, only Section 8 with the relevant grounds can be relied upon.

The most commonly asked questions sit around Grounds 1 and 1A, restrictions on use of these grounds for new tenancies that began on or after 1st May 2026 and the 12 month restriction for advertising, marketing and reletting, for example, should a property fail to sell.

Grounds 1 and 1A are the grounds likely to be misused by landlords and therefore, seeking independent legal advice before serving the notice will be crucial .

What about the Courts?

Landlord possession claims, orders, warrants and repossessions have decreased when compared to the same quarter in 2025 from 23,964 to 22,733 (5%), orders from 18,674 to 16,848 (10%), warrants from 10,929 to 10,172 (7%), and repossessions by county court bailiffs from 7,345 to 6,888 (6%). As the RRA 2025 was implemented at the beginning of May, any impacts of the Act on the courts will not be seen until data is published in September 2026 (April - June 2026).

The Ministry of Justice has been warned for a long time that the justice system would need real investment to absorb the shift to a fully evidence-based possession route and that capacity gap will be tested in practice rather than in theory when the first full quarter of the impact of the Act covering July to September 2026 will be published in December 2026.

Section 13 and Expected Pressure Points at the First-tier Tribunal (FTT).

Tenants will have the right to challenge a rent increase, however, even if the FTT agree with the increase, it will never be backdated – the new rent only takes effect from the date of the tribunal's decision, and so understandably tenants will very little to lose by referring a proposed increase to the FTT. If the floodgates open, there is a real risk of clogging up the system. This slow resolution time at the FTT mean landlords face extended revenue freezes if tenants choose to refer the increase.

Evidence Matters more than ever

Thorough systems and processes, clear documented reasons for seeking possession, and a strong audit trail will protect landlords whether or not a claim for possession ever reaches a tribunal or court.

Depending on the ground being relied upon, the landlord must also ensure that they have gathered the strongest possible evidence to support their claim. This will be particularly important when relying on a discretionary ground, where the landlord must not only prove that the ground has been established but must also persuade the Court that it is reasonable to grant a possession order.

Landlords should therefore begin gathering and retaining evidence as soon as a potential issue arises. The evidence must be clear, relevant and capable of supporting the facts relied upon. Without a strong evidential case, a landlord may have little prospect of persuading the Court to grant possession.

Getting a Headstart

The Private Rented Sector Database will be part of Phase 2 of the RRA 2025 due late 2026 at the earliest, with full rollout unlikely before 2027 gives landlords and letting agents an opportunity to get ahead of registration requirements. Taking steps to audit properties to ensure that the property is ‘fit for purpose’ as well as auditing processes and paperwork will avoid panic.

Court Digitisation and Capacity. The shift to a fully evidence-based possession system would always require a justice system capable of processing claims quickly and consistently. And this is possible. PCOL stands for Possession Claim Online, an official digital system used in England and Wales by landlords and mortgage lenders to start residential possession court proceedings. It is used to recover a property due to as a result of rent or mortgage arrears and it works. So it is disappointing that digitising the court process is slower than hoped..

Three months on, the picture is one of a sector adjusting rather than one in crisis – but adjustment works best when the legislation adjusts with it. The concerns raised in relation to the FTT and capacity for the courts are ones to watch over the next few months..