10 Weeks After the Renters’ Rights Act: What’s Really Changed?
Ten weeks after the Renters’ Rights Act came into force, landlords, tenants and letting agents are beginning to see how the new rules operate in practice.
The legislation has introduced major changes to private renting. Fixed-term tenancies have largely moved towards periodic arrangements, Section 21 no-fault evictions have been abolished, rent increases are more tightly controlled and tenants have stronger rights when requesting a pet. At the same time, landlords face additional responsibilities, stricter notice requirements and greater risks if important paperwork has not been served correctly.
In a recent Power Bespoke discussion, property professionals considered what has changed since the Act became law, how landlords are responding and what tenants need to understand. The early signs suggest that the rental market is becoming more legally complex, rather than simply becoming easier or more secure for one side.
Tenants Are More Aware of Their Rights
One of the clearest changes is that tenants are becoming more informed.
Many renters researched the Renters’ Rights Bill while it was still being debated. Now that the legislation is in force, more tenants understand the rules surrounding notice periods, rent increases, pets and possession proceedings.
That increased awareness is positive when tenants use the information responsibly. However, it also creates challenges for landlords and agents who may encounter tenants attempting to rely on technicalities or delay possession proceedings.
There is also concern that some landlords or agents may try to take advantage of tenants who do not understand the new rules. This is why clear communication is important. A tenant should know exactly what notice has been served, why it has been served and what their legal obligations are.
Likewise, landlords need to understand that informal arrangements, verbal promises and incomplete documentation may no longer be sufficient. If a possession case reaches court, the landlord may need to prove that every required step was followed.
Section 21 No-Fault Evictions Have Been Abolished
The biggest headline change is the abolition of Section 21 no-fault evictions.
Previously, a landlord could generally regain possession of a property at the end of a fixed-term tenancy, or during a periodic tenancy, without needing to establish that the tenant had done anything wrong. The landlord simply needed to serve a valid Section 21 notice and follow the correct process.
That route is no longer available under the new system.
A landlord cannot now ask a tenant to leave simply because they would prefer to have the property back. Possession must be based on one of the recognised grounds under Section 8.
This does not mean that landlords have lost the ability to recover their properties. It means that the reason for possession must fall within a specific legal ground, and the landlord must follow the required notice and court procedures.
For tenants, the change provides greater security. For landlords, it means that planning to sell, moving back into a property or dealing with arrears must be approached carefully and with proper evidence.
Can a Landlord Still Regain Possession to Sell?
Yes. A landlord can still regain possession if they genuinely intend to sell the property.
The relevant ground is commonly referred to as Ground 1A. The landlord must provide the correct notice and give the tenant the required notice period, which is generally four months under the arrangements discussed by Power Bespoke.
However, the landlord must have a genuine intention to sell. Serving notice simply because the landlord wants to remove the tenant, while having no real plan to market the property, could create serious problems.
The practical difficulty is that selling a property is not always straightforward. A landlord may serve notice, put the property on the market and then discover that:
- The property is worth less than expected.
- The landlord is in negative equity.
- The property does not attract suitable offers.
- Mortgage rates make selling financially difficult.
- The landlord changes their mind after failing to sell.
The legislation also creates restrictions around re-letting after possession has been obtained on the basis of an intention to sell. This means a landlord cannot necessarily regain possession, fail to sell and immediately place the property back on the rental market.
The exact practical consequences of this situation will become clearer as more cases reach the courts. Landlords should obtain specialist advice before serving notice and should retain evidence showing that the sale intention is genuine.
Other Important Grounds for Possession
Although Section 21 has gone, Section 8 contains a range of possession grounds. Some are mandatory, meaning a court must normally make a possession order if the required conditions are satisfied. Others are discretionary, meaning a judge has to consider the circumstances.
Important grounds include:
Landlord or Family Member Moving In
Grounds 1 and 1A can be used where the landlord, or an eligible family member, intends to move into the property. The landlord must follow the relevant notice requirements and should be able to demonstrate that the intention is genuine.
Rent Arrears
Serious rent arrears may provide a mandatory ground for possession. Under the new rules discussed in the Power Bespoke video, the required level has increased from two months’ arrears to three months’ arrears.
This creates a significant difference for landlords. If a tenant owes slightly less than the required amount when the notice is served or when the case reaches court, the mandatory ground may not apply.
There is also a practical issue where a tenant makes a small payment shortly before notice or a court hearing. Even a relatively modest payment could reduce the arrears below the required threshold. Landlords must therefore calculate arrears carefully and keep accurate rent records.
Substantial Works
Ground 6 may apply where substantial works are needed and those works cannot reasonably be carried out while the tenant remains in occupation.
This could become increasingly relevant if future energy efficiency requirements require major upgrades. For example, extensive roof works, structural repairs or significant improvements to windows and insulation may be difficult to complete with a tenant living in the property.
The landlord would need to show that the works are genuinely substantial and that vacant possession is necessary. Routine repairs or cosmetic improvements are unlikely to be sufficient.
Antisocial Behaviour
Antisocial behaviour remains a potential ground for possession. However, landlords may need to provide stronger evidence than before.
Examples of useful evidence could include complaints from neighbours, police reports, correspondence from local authorities, witness statements, recordings and detailed incident logs. A landlord should not rely solely on general allegations that a tenant is unpleasant or disruptive.
The more serious the allegation, the more important it is to record dates, times, witnesses and the effect of the behaviour. A court will examine the evidence rather than simply accept an unsupported accusation.
Persistent Late Payment
A tenant may not owe three months of rent but may repeatedly pay late. This could potentially fall under a discretionary ground.
The court may consider whether the tenant has a history of paying late, whether the landlord has given warnings and whether the arrears appear to be part of a continuing pattern.
This is one area where professional record keeping will be essential. Landlords should retain rent statements, payment dates, messages and formal warnings.
What Happens to Existing Fixed-Term Tenancies?
Existing fixed-term tenancies have not simply disappeared without a transition. However, the key practical change is that tenancies move towards periodic arrangements, meaning they no longer offer the same fixed end date or long-term certainty.
A tenant who signed a 12-month agreement may still have rights and obligations arising from that agreement, but they may now be able to serve notice during the tenancy under the new arrangements.
The notice requirements have also changed. Tenants generally need to provide two months’ notice rather than one month. The notice period is usually calculated from the date notice is served, rather than automatically running from the beginning or end of a calendar month.
This is an important point because some tenants assume that the new system lets them leave immediately. It does not.
Can a Tenant Leave Whenever They Like?
A tenant can physically leave the property whenever they choose, but leaving does not automatically end their liability for rent.
If a tenant serves notice and moves out the following day, they may still be responsible for rent throughout the required notice period. In many cases, this will be two months.
There may be an opportunity to negotiate an earlier release. A landlord or agent might agree to end the tenancy early if a replacement tenant can be found quickly. The outgoing tenant may need to cooperate with viewings and keep the property presentable.
A good letting agent can help both parties. The landlord may avoid a lengthy void period, while the tenant may be released from their rent liability sooner than expected.
However, an early release is not automatic. It depends on the landlord’s agreement and the circumstances surrounding the replacement tenancy.
Landlords Must Handle Notice Carefully
A notice is not the same as an eviction order.
If a tenant refuses to leave after a valid notice period has expired, the landlord cannot simply change the locks, remove belongings or force the tenant out. The landlord may need to apply to court for a possession order and, if necessary, instruct bailiffs.
This distinction matters because some landlords believe that the expiry of a notice gives them immediate possession. It does not.
The court process can be delayed if documents are missing or incorrectly prepared. Spelling errors, incorrect dates, missing certificates or failures to prove that documents were served may all create problems.
The court may reject the application or require the landlord to start again. This could mean serving a fresh notice and waiting another four months before applying for possession.
The Information Sheet and the £7,000 Risk
Landlords should have provided tenants with the required information sheet by the stated deadline of 31 May. This document explains the tenant’s rights and the main changes introduced by the Renters’ Rights Act.
The information sheet has replaced or superseded some of the functions previously associated with the How to Rent guide.
A landlord who missed the deadline should provide the document as soon as possible. Delaying further is unlikely to improve the position.
The potential penalty mentioned in the Power Bespoke discussion is up to £7,000. In addition to the financial risk, failure to serve the correct information may affect a landlord’s ability to regain possession.
Landlords should keep clear evidence of service, including the date and method used. It is not enough to say that the document was probably sent. If the matter reaches court, the landlord may need to prove delivery.
Can Rent Still Be Increased?
Rent increases are still permitted, but they must follow the new rules.
The increase should generally take place no more than once a year. The landlord must also provide at least two months’ notice and should ensure that the proposed rent reflects the market.
A landlord’s mortgage costs do not determine the market rent. If a mortgage payment increases from £800 to £1,100 per month, that does not automatically mean the property can be rented for an extra £300.
The relevant comparison is what similar properties are achieving in the same area. Factors may include:
- Property size and condition.
- Location and transport links.
- Outdoor space.
- Parking.
- Furnishing.
- Energy efficiency.
- Current availability and demand.
A landlord should carry out proper market research before proposing an increase. Letting agents can compare recent listings and advise whether an increase is realistic.
Tenants Can Challenge an Unreasonable Rent Increase
Tenants who believe an increase is excessive may be able to challenge it through the First-tier Tribunal.
This does not mean that every rent increase will be overturned. A tenant should be able to demonstrate that the proposed rent is above the market level or that the landlord has not followed the correct procedure.
A sudden increase after several years of no increases could attract scrutiny. For example, increasing rent from £900 to £1,200 in one step may be difficult to justify if comparable properties are achieving only £950 or £1,000.
Landlords should avoid using a rent increase to recover years of missed increases in a single demand. Smaller annual reviews are usually more manageable for both sides.
Tenants also need to understand the market. If comparable properties have become more expensive, a tenant may not be able to prevent a fair market adjustment simply because it is unwelcome.
Pet Requests Are More Difficult to Refuse
The Renters’ Rights Act gives tenants stronger rights when requesting permission to keep a pet.
A landlord should not reject a reasonable request without proper justification. The tenant should make the request in writing, and the landlord should respond within a reasonable time.
This does not mean that every tenant can automatically keep every type of animal in every property.
The property may not be suitable. A large dog in a small flat, for example, could raise legitimate concerns. Lease terms, freeholder restrictions and block management rules may also prohibit pets.
The type of pet, the size of the property, access to outdoor space and the potential impact on neighbours may all be relevant.
Landlords can also use appropriate pet clauses to address issues such as damage, cleaning and responsibility for nuisance. Any required pet-related payment must comply with the applicable rules and should not become an unfair barrier.
Requests for unusual animals can create uncertainty. A tenant asking to keep a micro pig or another large animal may argue that it is a pet, but the landlord can still consider whether the property is suitable and whether keeping the animal would breach other legal or contractual restrictions.
Why Some Landlords Are Considering Selling
The legislation is arriving at a time when many landlords are already facing financial pressure.
Mortgage rates have increased, taxation has changed, repair and compliance costs have risen, and property values in some parts of the market have fallen. Flats, particularly leasehold flats, have proved difficult for some investors to sell at a profit.
For a landlord who inherited a property or bought one as a pension investment, the numbers may no longer work. The combination of lower capital values, higher borrowing costs and greater legal responsibility can make the investment unattractive.
Some landlords may continue renting while they assess the market. Others may sell as soon as the tenancy ends or when a valid possession ground becomes available.
This could reduce the supply of rental properties. If demand remains high while more landlords exit, rents may increase further. Tenants who are concerned about rent increases could therefore face even higher costs if the private rental market becomes dominated by larger professional landlords.
Professional Agents Have a Larger Role
The new rules increase the value of competent property management.
A good agent can help landlords with notice dates, rent reviews, pet applications, document storage, inspections and evidence gathering. They can also explain the position to tenants and negotiate practical solutions.
For tenants, renting through an agent may provide additional protection where the agent follows professional procedures. An agent is more likely to know the correct notice period, explain rent increases and identify whether a landlord’s request is lawful.
However, not every agent provides the same standard of service. Landlords and tenants should look for clear communication, accurate records and a willingness to explain decisions.
What Happens Next?
Ten weeks is still early. Many of the long-term effects will not be visible until the first full year has passed.
Possession cases will test how courts interpret the new grounds. Older Section 21 notices served before the deadline may continue through the system, while failed cases may need to be restarted under Section 8.
There are also concerns about court capacity. If more disputes require hearings, delays could become significant. A four-month notice period could become a much longer process if the landlord must wait for a court hearing and enforcement appointment.
Further changes may also involve landlord databases, energy performance requirements and regulation affecting leasehold properties and block management.
The practical outcome will depend on how local authorities, courts, landlords, agents and tenants apply the legislation. For now, the safest approach is preparation: understand the rules, keep complete records, communicate clearly and obtain specialist advice where necessary.
The Renters’ Rights Act has not removed landlords from the private rental market, nor has it eliminated tenants’ responsibilities. It has changed the balance of security and placed greater importance on proper procedure.
Final Thoughts
The first ten weeks show that the Renters’ Rights Act is a major operational change, not merely a change in terminology.
Landlords can still sell properties, regain possession for legitimate reasons, increase rent fairly and deal with serious breaches. Tenants have greater protection from no-fault eviction, stronger rights when requesting pets and more security in their homes.
At the same time, both sides have new responsibilities. Tenants must give the correct notice and remain liable for rent during the notice period. Landlords must follow the correct possession grounds, serve information properly and ensure that rent increases reflect the market.
The next twelve months are likely to expose the legislation’s strengths and weaknesses. As more landlords, tenants and courts deal with real-life situations, the market will gain a clearer picture of what the Renters’ Rights Act truly means in practice.