Renters' Rights Act 2026
What Every Landlord in England Needs to Know
If you are a private landlord in England trying to understand what the Renters’ Rights Act means for you, this guide covers the six changes taking effect from 1 May 2026, what replaces Section 21, how possession now works under Section 8, the new process for rent increases, what the Act means for your investment, and what to do before May. The Renters’ Rights Act 2025 received Royal Assent in October 2025 and applies to every landlord in England, whether you own one property or forty. It is the most significant change to the private rented sector in over thirty years.
What is the Renters' Rights Act?
The Renters’ Rights Act 2025 is the most significant overhaul of the private rented sector in over thirty years. It received Royal Assent in October 2025 and most of it comes into force on 1 May 2026.
It affects every private landlord in England. It changes how tenancies are structured, how possession can be obtained, how rents can be increased, and what landlords can and cannot ask of prospective tenants.
The Act has been in development for several years, carrying over much of the content from the previous government’s Renters’ Reform Bill. The direction of travel has not changed. What has changed is the timeline: 1 May 2026 is the date that matters.
Six changes taking effect from 1 May 2026
Section 21 is abolished
No-fault evictions are gone. From 1 May 2026, landlords can no longer serve notice on a tenant without a valid legal reason. Section 21 notices served before 30 April 2026 can still be acted on, provided possession proceedings begin within three months of service. After that, Section 8 is the only route to possession.
This applies to all tenancies, including those already in existence on 1 May 2026.
All tenancies become periodic
Fixed-term assured shorthold tenancies are replaced by rolling periodic tenancies with no end date. Existing tenancies convert automatically on 1 May 2026. No action is needed to trigger the conversion, but landlords need to understand what it means.
Tenants can end a tenancy by giving two months’ notice. There is no fixed end date for either party.
Rent increases follow a new process
Landlords can raise rent once per year, using the prescribed Section 13 notice process. Any rent review clauses in existing tenancy agreements become void from 1 May 2026. If the correct procedure is not followed, the increase is unenforceable.
Tenants can challenge any increase they consider above market rate at the First-tier Tribunal.
Possession requires a valid ground and correct process
Section 8 is now the only route to possession. There are 37 grounds in total, some mandatory and some discretionary. Evidence requirements and notice periods vary by ground. Getting the process wrong at any stage can mean starting from scratch in courts that are already under considerable pressure.
Landlords cannot discriminate against families or benefit claimants
Blanket exclusions based on children or benefit status are no longer permitted. Referencing and applicant selection decisions should be documented and made on an individual basis.
No rent in advance beyond one month
For new tenancies from 1 May 2026, landlords cannot request more than one month’s rent in advance. This affects approaches some landlords have previously used for tenants without a UK-based guarantor.
Section 21 is abolished: what that means in practice
The loss of Section 21 is the change that concerns landlords most. That’s understandable. Section 21 was straightforward. Serve the notice, wait, regain possession. No reasons required, no evidence needed.
Section 8 asks more. A valid ground is required, along with the correct notice period for that ground and solid evidence to support the claim. If the tenant does not leave, the next step is court proceedings. Courts are under significant pressure and timelines are likely to lengthen as all possession claims now require a hearing.
That is the honest picture. But here is the important context.
The landlords who will find Section 8 genuinely difficult are those who have not been doing the basics. Deposits unprotected or protected late. Prescribed information never served. Records that could not support a claim even if the ground was solid.
For landlords who have been managing properly, the Section 8 process is workable. Legitimate grounds to recover a property remain available. The process is more involved than Section 21 was, but it is a process that can be followed.
The one thing that cannot be overlooked
Deposit protection sits underneath everything else. Courts will not grant possession under most Section 8 grounds if a deposit has not been correctly protected in a government-approved scheme. This applies to every tenancy, regardless of when it started.
Every deposit should be checked now. Check the protection date. Check that the prescribed information was served correctly at the start of the tenancy. If anything is out of order, it should be resolved before May.
The Possession Grounds Landlords Need to Understand
There are 37 grounds under Section 8. Most landlords will only ever need a handful. Here are the ones that come up most in practice.
1. Serious Rent Arrears
Three months’ arrears required at both the point of serving notice and at the court hearing. The previous threshold was two months. Four weeks’ notice is required. Arrears resulting from Universal Credit payment delays are excluded from the calculation.
2. Selling the Property
Landlords can regain possession if they intend to sell. Four months’ notice is required. This ground cannot be used in the first twelve months of a tenancy. If a landlord sells and later re-lets within three months, a challenge is possible.
3. Moving Back In
Available where the landlord or a close family member intends to live in the property as a principal home. Four months’ notice. Cannot be used in the first twelve months of a tenancy.
4. Anti-Social Behaviour
Behaviour causing nuisance to neighbours or others. Notice periods vary. Evidence of the behaviour and any steps taken to address it is essential.
5. Significant Breach of Tenancy
Including damage to the property or persistent failure to comply with reasonable tenancy terms. Evidence of the breach and prior communication is important.
What the Act Means for your Investment
The question landlords are asking most since the Act passed is straightforward: does buy-to-let still make sense?
The honest answer is yes, with some important caveats.
The fundamentals have not changed. Good property in good locations with good tenants, properly managed, still generates income, still appreciates over time, and still makes sense as part of a wider portfolio. The Act does not change any of that.
What it changes is the cost of getting things wrong. Poorly managed tenancies, weak documentation, and procedural errors have always been a risk. Under the new regime, they are a more expensive one. Court timelines will lengthen. Recovering possession without a clear, evidenced ground will be harder. Landlords who have treated management as an afterthought will find that approach increasingly difficult to sustain.
The Act will accelerate a trend that was already underway. Landlords with well-managed portfolios and clean compliance records are well placed. Those who have been cutting corners will find the new regime harder to navigate.
How Rent Increases Work Under New Rules
Under the Renters’ Rights Act, landlords can raise rent once per year. The mechanism is the Section 13 notice process, and the correct form must be used.
Any rent review clauses in existing agreements become void from 1 May 2026. If a tenancy agreement contains a rent review clause, that clause no longer applies from that date. Every increase, for every tenancy, must go through Section 13.
If the correct process is not followed, the increase is not enforceable. Tenants can also challenge any increase they consider above market rate at the First-tier Tribunal.
For landlords who self-manage, it is worth familiarising yourself with the Section 13 process before it is needed. A procedural error at the wrong moment is an avoidable problem
No speculation. No exaggeration. Just structured insight designed to support long term success.
Birmingham and the Midlands: what the Act means locally
Birmingham remains one of the strongest markets in the UK for residential investment. Population growth, ongoing regeneration, and a young renter demographic create continued demand. The Act does not change the fundamentals of that case.
What it changes is the bar for how properties within that market need to be managed.
Some landlords will exit the market. With rental supply already constrained across Birmingham and the wider Midlands, reduced stock is likely to support rents in the medium term. That is not a comfortable observation for tenants, but it is a realistic one for investors to factor in.
There are also things coming beyond this Act that are worth considering now. The requirement for privately rented homes to achieve EPC rating C or above by 2030 is not in this legislation, but it is coming. Assessing the energy efficiency of rental stock and planning any works accordingly is worth doing sooner rather than later.
What to do before 1 May 2026
There are several things worth doing now, before the Act comes into force.
Check and protect
- Confirm every deposit is protected in a government-approved tenancy deposit scheme
- Check the protection date and confirm that the prescribed information was served correctly at the start of each tenancy
- Review all existing tenancy agreements and understand which will automatically convert to periodic tenancies on 1 May 2026
- Remove any rent review clauses from agreements for new tenancies – these become void from May
Review your process
- Make sure referencing and applicant selection processes do not include blanket exclusions based on children or benefit status – decisions should be documented individually
- Familiarise yourself with the Section 13 notice process for rent increases before it is needed
- Understand the Section 8 grounds relevant to your properties – know which apply, what evidence would be required, and what the notice periods are
If you are thinking about selling or moving back in
- Act before 1 May 2026 if possible – Section 21 notices served before 30 April 2026 can still be used, provided possession proceedings begin within three months
- If that is not possible, the selling and family occupation grounds require four months’ notice and cannot be used in the first twelve months of a tenancy
One administrative deadline to note: landlords must provide tenants with a government information leaflet explaining the new regime before 1 June 2026.
Download your Renters' Rights Act 2026 Guide
To find out more about the changes to the rental industry, fill out the form to download your free guide.
If you have questions about how the Act affects your properties, the Miller Rose team is happy to talk it through. Whether you are a landlord we already work with or someone who has not spoken to us before, get in touch.
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Frequently asked questions
What is the Renters’ Rights Act?
The Renters’ Rights Act 2025 is legislation that makes significant changes to the private rented sector in England. It abolishes Section 21 no-fault evictions, converts all tenancies to rolling periodic agreements, introduces a new Section 13 process for rent increases, and restricts how much rent landlords can request in advance. Most provisions come into force on 1 May 2026.
When does the Renters’ Rights Act come into force?
Most provisions of the Act come into force on 1 May 2026. The Act received Royal Assent in October 2025. Phase two of the Act, which introduces a national landlord register and a Private Landlord Ombudsman, follows later.
Does the Renters’ Rights Act apply to existing tenancies?
Yes. The Act applies to all tenancies, including those already in existence on 1 May 2026. Existing fixed-term tenancies convert automatically to rolling periodic tenancies on that date. Section 21 is abolished for all tenancies from that point, regardless of when they started.
What are the new rules for landlords in 2026?
From 1 May 2026, landlords can no longer use Section 21 no-fault evictions. All possession claims must be made under Section 8 using a valid ground. Rent increases must follow the Section 13 notice process and can only be made once per year. Landlords cannot request more than one month’s rent in advance for new tenancies. Blanket exclusions of tenants with children or on benefits are prohibited.
What replaces Section 21?
Section 8 is now the only route to possession. It requires a valid ground, the correct notice period for that ground, and solid evidence. There are 37 grounds in total, covering situations including serious rent arrears, anti-social behaviour, significant breach of tenancy, selling the property, and moving back in.
What are the Section 8 grounds for possession?
There are 37 grounds under Section 8, split between mandatory and discretionary. The most commonly relevant for residential landlords cover serious rent arrears (three months’ arrears required at both notice and hearing stage), anti-social behaviour, significant breach of tenancy, selling the property (four months’ notice, not available in the first twelve months of a tenancy), and the landlord or a close family member moving in (four months’ notice, same restriction applies).
How do rent increases work under the Renters’ Rights Act?
Landlords can raise rent once per year using the Section 13 notice process. Rent review clauses in existing tenancy agreements become void from 1 May 2026. If the correct procedure is not followed, the increase is unenforceable. Tenants can challenge any increase they consider above market rate at the First-tier Tribunal.
What rights do renters have under the new Act?
Renters can no longer be evicted without a valid legal reason. They move onto rolling periodic tenancies with no fixed end date and can give two months’ notice to leave at any time. Rent can only be increased once per year through the formal Section 13 process, and tenants can challenge increases at the First-tier Tribunal. Landlords cannot request more than one month’s rent in advance for new tenancies.
Does buy-to-let still make sense after the Renters’ Rights Act?
Yes, with the right approach. The fundamentals of residential investment have not changed. Good property in good locations, properly managed, still generates income and appreciates over time. What the Act changes is the cost of getting things wrong. Landlords with well-managed portfolios and clean compliance records are well placed. Those who have been cutting corners will find the new regime harder to navigate.
What should landlords do before May 2026?
Check every deposit is correctly protected and that prescribed information was served at the start of each tenancy. Review existing agreements and understand which convert to periodic tenancies on 1 May 2026. Remove rent review clauses from new agreements. Ensure referencing processes do not include blanket exclusions. Familiarise yourself with the Section 8 grounds and the Section 13 rent increase process. If selling or moving back in, act before 30 April 2026 if possible.