Section 21 Abolished: What the Renters' Rights Act Means for Landlords

By MH Solicitors LLP | Published May 2026

The Renters' Rights Act came into force in England on 1 May 2026. Government guidance describes it as the biggest change to private renting in around 40 years. For landlords, the new framework changes possession strategy, notice planning, tenancy administration, and everyday compliance. If your previous approach relied on fixed terms and Section 21 notices, that process has ended. Landlords now need to work within a different legal structure and keep stronger records before taking action.

This article explains the key operational points from official GOV.UK guidance. It is designed to help landlords understand what must be done now, what has changed for existing tenancies, and where legal advice is sensible before serving notice or starting court proceedings.

The Core Change, Section 21 Is Abolished

The headline reform is clear. Section 21 no fault eviction is abolished. A landlord can no longer recover possession without giving a valid legal reason. This is a structural change, not a minor procedural update. In practice, landlords now need to identify a recognised legal basis for possession, gather evidence, and follow the correct notice route before asking the court for a possession order.

For many landlords, this means planning further ahead. If your objective is to recover possession for sale, owner occupation, arrears, or serious anti social behaviour, you need to assess timing, notice requirements, and evidential material at an early stage.

What Happened to Existing and New Tenancies

All existing assured shorthold tenancies automatically became assured periodic tenancies. New private tenancies are also assured periodic tenancies. These run on a rolling basis, for example monthly, and do not have a fixed end date built into the tenancy model.

Tenants can end the tenancy with two months' notice. For landlords, this affects rent review planning, longer term occupancy assumptions, and possession strategy. It is no longer practical to treat a fixed term end date as the default point for regaining possession.

Immediate Compliance Duties for Landlords

Provide the required information by the deadline

Landlords must give existing tenants the Renters' Rights Act Information Sheet by 31 May 2026. If a tenancy has been based entirely on a verbal agreement, landlords must also provide written information about key terms by the same date.

These steps are important because possession and enforcement disputes often turn on procedural compliance. Good documentation is now even more important than before.

Keep evidence and records in order

Because Section 8 is now central to possession, landlords should retain clear records of tenancy terms, rent schedules, communications, and any issues relied on as grounds. Even where a ground appears obvious, the court process depends on reliable written evidence.

How Possession Works Now, Section 8 and Legal Grounds

To regain possession, landlords must serve a Section 8 notice relying on one or more legal grounds for possession. Examples in government guidance include:

• the landlord intends to sell the property
• the landlord or a family member intends to move in
• rent arrears
• anti social behaviour

In many cases, the required notice period is four months. Landlords should not assume all grounds follow the same timetable. The right approach is to identify the ground, confirm the notice period, check any conditions that apply to that ground, and then serve documentation accurately. If the notice is defective, possession can be delayed or refused.

Another critical point is deposit compliance. Deposit protection rules must be complied with for a court to grant a possession order. If there is any uncertainty about deposit handling, that issue should be addressed before possession proceedings are started.

Rent Increases, Bidding, and Upfront Payments

Rent increases are now tightly structured

A landlord can increase rent only once a year, using the Section 13 process on Form 4A and giving at least two months' notice. Tenants can challenge a proposed increase if it is above open market rent. For landlords, this means rent strategy should be evidence based and prepared in advance, rather than reactive.

Bidding wars are banned

Landlords must advertise an asking rent and cannot accept more than the advertised amount. This means listing decisions need to be realistic from the outset. The advertised figure is not just marketing, it is now a compliance point.

Cap on rent upfront requests

Landlords can ask for a maximum of one month's rent upfront. Referencing and affordability checks remain important, but upfront payment structures must comply with this limit.

Tenant Selection, Pets, and Non Discrimination Duties

The new framework also changes how landlords handle pre tenancy decisions. Landlords cannot discriminate against prospective tenants because they receive benefits or have children. Advertising language, screening criteria, and agent instructions should all be reviewed to avoid unlawful filtering.

Tenants can request to keep a pet. Landlords must consider the request and can only refuse with a valid reason. This does not mean every request must be accepted, but refusal must be reasoned and defensible. Landlords should implement a clear written process for receiving, assessing, and responding to pet requests.

Phase 2, What Is Coming from Late 2026

Government guidance confirms that a second phase is planned from late 2026. This includes a Private Rented Sector Database, which is a register of landlords and rental properties, and a Private Landlord Ombudsman. Landlords should prepare now by maintaining clear records and keeping property and tenancy data accurate, so registration and complaint handling duties can be met efficiently when phase 2 is live.

Practical Landlord Checklist for Now

• Confirm all tenancy records reflect the assured periodic model.
• Issue the required information sheet and any written key terms by the required deadline.
• Review deposit protection compliance before considering possession action.
• Use the Section 13 process correctly for rent increases and keep evidence of open market rent.
• Review marketing and tenant selection practices for compliance on benefits and children.
• Adopt a written process for pet requests and reasoned responses.
• Take legal advice before serving Section 8 notice where there is any doubt on grounds, notice period, or evidence.

The post reform environment is workable, but it is less forgiving of procedural errors. A careful, evidence led approach can prevent delay and unnecessary costs.