The Renters’ Rights Act has now been passed, and the first phase of changes is due to come into place on 1st May 2026.
We have set out below a useful summary for Landlords and Tenants on the key changes, with particular focus on the removal of the section 21 process for evicting tenants, commonly known as the “no-fault” eviction process.
No More Fixed-Term Tenancies
Most properties are currently let under fixed-term Assured Shorthold Tenancies, known as ASTs. When the Act comes into force, ASTs will cease to exist, and all existing ASTs will automatically convert to periodic tenancies. This means that these tenancies will continue indefinitely until they have been legally ended by either the Tenant or Landlord.
Under the Act, Tenants will have a protected period of 12 months at the start of their tenancy. This means that a landlord will not be permitted to end a tenancy within the first 12 months. However, there are some exceptions to this, for example, where the Tenant is in rent arrears, the Landlord is permitted to give the Tenant notice to terminate their tenancy at any time.
Tenants, however, will be permitted to end their tenancy at any time, provided that they give their Landlords two months’ notice. Tenants are advised to check the specific wording of their tenancy agreements to ensure that notice is correctly provided.
Rent Increases and Payments in Advance
Under the Act, Landlords will only be permitted to increase their Tenants’ rent once per year, and must do so by serving a section 13 notice, providing the Tenants with at least two months’ notice.
If a Tenant wishes to challenge the rent increase, they can do so by making an application to the First Tier Property Tribunal.
Landlords will also no longer be able to request more than one month’s rent upfront. Under the Act, rent payments will need to be paid in monthly intervals as a maximum.
Evicting Tenants
One of the most important changes being implemented under the Act is the abolishment of section 21 possessions. Currently, at the end of an AST, Landlords are entitled to evict their Tenants by serving a section 21 notice, providing the Tenants with a minimum of two months’ notice to leave the property. If the Tenants do not leave by the end of the notice period, the Landlords can apply to the court for an order for possession.
Under this process, Landlords are not required to show any reason as to why possession is required; in other words, they do not need to show that there has been any fault on their Tenants’ part. Hence, the process is commonly known as the “no-fault” eviction process. Provided that Landlords have complied with certain obligations, the Court must award the Landlord possession of the property.
Once the Act comes into force, Landlords will no longer be able to use this process for obtaining possession of their properties. Section 21 notices will no longer exist. Instead, Landlords must have a specific and valid reason to evict their Tenants, and must be able to rely on one of the specific grounds set out under Section 8 of the Housing Act 2004, which includes (for example) rent arrears or where a Landlord (or members of their family) require the property for their own residence.
The Act will also introduce new grounds for possession. One of the new grounds will allow Landlords who wish to sell the right to possession. If Landlords wish to rely on this ground, they must provide their Tenants with at least four months’ notice to leave the property. The Landlords will no doubt need to provide evidence in support if Tenants do not vacate, and court proceedings are required. The Government also intend to introduce penalties for Landlords who rely on this ground, but do not then sell the Property within a specified period.
Section 21 evictions will be abolished from 1st May 2026, and therefore, if you wish to evict your Tenant, you must act now. At Howell Jones, we have a specialised team of conveyancing solicitors in Surrey who can guide and assist you through the process. Contact our Surrey solicitors today to ensure that the correct procedure is followed and possession is secured.
