A note on the name first. The legislation is the Renters' Rights Act 2025 (Royal Assent 27 October 2025); it is called the 2026 Act in conversation — and in this article's title — because its main reforms took effect in England on 1 May 2026. Search for the Renters' Rights Act 2025 for official guidance.
This guide is for landlords in England. The Act applies in England only; Wales, Scotland and Northern Ireland run their own regimes and were not changed by it. It is general information, not legal advice — take advice from a housing solicitor before serving any notice.
What changed on 1 May 2026
The central reforms took effect for existing tenancies as well as new ones. There was no grandfathering: on commencement day, every assured shorthold tenancy in England converted to a periodic assured tenancy, fixed terms ceased to exist, and the Section 21 notice was abolished.
Five changes matter most for day-to-day landlording:
1. Section 21 is gone. No new Section 21 notice can be served. A Section 21 notice served before 1 May 2026 could only be used if court proceedings were started by 31 July 2026; after that date an unused notice cannot start a claim. 2. Tenancies are periodic and open-ended. There is no fixed end date. A tenant can leave at any point on two months' notice. A landlord can only end a tenancy through a Section 8 ground. 3. Possession must be earned through evidence. Every route to recovering a property runs through Section 8 grounds that must be proved to a judge, on the correct form and notice period. 4. Rent rules are tighter. Rent can rise only once a year, through the Section 13 process, with at least two months' notice — and tenants can challenge an increase they consider above market rent. 5. How you let has changed too. Rental bidding is banned, rent in advance is capped at one month, tenants may formally request a pet, and blanket bans on families with children or tenants on benefits are unlawful.
If your management habits were built around "we can always serve a Section 21", they need replacing — with records: referencing files, inspection reports, rent ledgers, repair logs and written communications that would survive a hearing.
The new possession system: Section 8 grounds
Possession now runs entirely through Section 8 of the Housing Act 1988. Mandatory grounds require the court to grant possession if proved. Discretionary grounds leave the decision to the judge, who weighs reasonableness — never assume a discretionary ground is certain; it is an argument, not an entitlement.
The grounds landlords use most often:
Selling or moving in
A landlord who wants to sell, or move in themselves or move a close family member in, can seek possession on the relevant ground, but with two hard constraints: four months' notice, and no availability in the first 12 months of a tenancy. That 12-month bar changes buying strategy — build it into your offer price and finance plan, and check the mortgage guide in this series for how lenders view the longer possession timeline.
Rent arrears
Under the mandatory arrears ground, the threshold has risen: the tenant must be at least three months in arrears (13 weeks where rent is paid weekly), both when the notice is served and at the hearing, and the notice period is four weeks, double the previous two weeks. Previously the threshold was two months' arrears with two weeks' notice. Arrears caused by delayed Universal Credit housing payments are disregarded.
The practical consequence is stark: a landlord pursuing possession for arrears is now typically several months of rent out of pocket before a hearing is even listed. Act on the first missed payment, not the third: contact the tenant in writing, agree a repayment plan in writing, and keep the rent ledger immaculate, because the ledger is now your evidence.
Anti-social behaviour and breach
Discretionary grounds cover anti-social behaviour, breach of tenancy terms and similar conduct. These cases are won on evidence, not assertion: dated incident logs, neighbour statements, police or council correspondence, warning letters and proof the tenant was given a chance to remedy the problem. Start the paper trail at the first incident.
Rent increases: once a year, by the book
Rent can now be increased only once a year, through the Section 13 process: no increase in the first 12 months of a new tenancy; at least two months' written notice on the prescribed form (Form 4A); and the tenant can challenge an increase they consider above market rent at the First-tier Tribunal, which can set the market rate.
Three habits follow. First, diary every tenancy's increase window — a missed window is a year of lost rent, with no catch-up increase. Second, evidence your figure with comparable achieved rents, not portal asking rents. Third, do not work around the rules with side payments or "voluntary" top-ups; landlords and agents must not ask for, encourage or accept more than the advertised rent.
The yield guide in this series explains why this matters commercially: a rent you cannot increase for a year must be set right at the start and reviewed on schedule. Underwriting a property on a rent you hope to raise in six months is underwriting on a power you no longer have.
Rent in advance and bidding: two workarounds closed
Two practices landlords previously used to manage risk are now closed. Rent in advance is capped at one month's rent: you cannot ask for, or accept, several months upfront as a condition of the let, even if the tenant offers it. Rental bidding is banned: you cannot invite offers above the advertised rent.
Both changes bite hardest on higher-risk applicants who previously offered advance rent to compensate. The replacement is better underwriting: thorough referencing, rent guarantee insurance where the numbers justify it, and a guarantor where appropriate and lawful. If your rent guarantee policy predates May 2026, check it still covers the new arrears timeline.
Pets: requests you must answer properly
Tenants now have a formal right to request permission to keep a pet. The landlord must consider the request individually and respond in writing within 28 days; a refusal needs reasonable, evidence-based grounds, such as an unsuitable property, a superior lease prohibiting animals, or a genuine animal-welfare concern. A blanket "no pets" policy is very difficult to justify now, and silence is not safe — an unanswered request may be treated as accepted.
Landlords may require the tenant to take out pet damage insurance, which counts as a permitted payment; they may not charge an additional pet deposit. Assistance animals, such as guide dogs, are not classed as pets and must be accommodated under existing disability law.
Practically: write a pet policy before the first request arrives, setting out what you will accept by property type, what conditions you will attach, and how you will record each decision and its reasons. A policy applied consistently is defensible; a refusal invented case by case is not.
Discrimination bans: children and benefits
It is unlawful to discriminate against applicants or tenants because they have children or receive benefits. That covers adverts ("no children", "no DSS" and equivalents), refusing viewings, withholding information, and informal policies with the same effect. Clauses in a tenancy, superior lease or mortgage supporting such discrimination are generally ineffective going forward.
There is a narrow legitimate line: asking about benefits status or children to check affordability — whether the applicant can pay the rent — is not in itself discrimination. But the question and the decision must genuinely be about affordability. "Professionals only" wording is risky for the same reason: it can indirectly exclude people on benefits, with children, retired, disabled or self-employed. Describe the property, not the preferred tenant: size, bedrooms, rent, deposit, location, transport, parking and licence restrictions.
Letting agents share this responsibility: an agent managing applications cannot hide behind a landlord's instruction. Check your agent's adverts and screening criteria, not just your own.
What is still coming: database, ombudsman, standards
The Act is being phased in, and three further reforms are not yet fully in force.
Private Rented Sector Database. Mandatory landlord registration is rolling out from late 2026, region by region. Organise your compliance documents now — safety certificates, EPCs, licence details — so registration is administrative, not a scramble.
Landlord Ombudsman. A new ombudsman service is being established, giving tenants a route to resolve disputes without court. Membership will be mandatory, so a written complaints process and prompt answers to tenants are now risk management.
Decent Homes Standard, energy efficiency and Awaab's Law. The Decent Homes Standard will be extended to the private rented sector, minimum energy efficiency requirements will follow, and Awaab's Law — duties to investigate and fix serious damp and mould hazards within set timescales — will be extended from social housing to private rentals. These follow consultation and have no confirmed commencement dates yet, but properties already meeting a good standard will need the least work when they arrive.
Your action checklist: what every landlord must do now
1. Confirm your tenancy paperwork. Existing tenancies converted automatically on 1 May 2026; you do not usually need a new agreement, but you must have given tenants the government's Renters' Rights Act Information Sheet (deadline for existing tenants: 31 May 2026). If you have not, do it now and keep proof of service. 2. Replace fixed-term templates. All new lets use periodic templates. Remove Section 21 references, fixed end dates and any rent-review clause conflicting with the Section 13 process. 3. Learn the Section 8 grounds and notice periods. At minimum: selling and moving-in (four months, not in the first 12 months), arrears (three months, four weeks' notice), and the discretionary conduct grounds, on the current prescribed forms. 4. Diary rent reviews. One increase per year, two months' notice, no increase in the first 12 months. A missed window costs a full year. 5. Rewrite your letting criteria. Remove blanket bans on children, benefits and pets. Write a pet policy and an affordability-based referencing policy, and check your agent's adverts match. 6. Stop advance-rent and bidding practices. Cap rent in advance at one month and advertise one rent. 7. Tighten referencing and arrears handling. Reference thoroughly, act on the first missed payment, and keep a court-ready rent ledger. 8. Prepare for registration and the ombudsman. Gather compliance documents for the PRS Database, and set up a written complaints process. 9. Review insurance and finance. Check rent guarantee cover against the new arrears timeline, and tell your lender and broker about any possession or void assumptions the Act has changed. 10. Fix the property, not just the paperwork. Deal with damp and mould promptly, keep safety certificates in date, and plan energy improvements ahead of the coming standards.
Frequently asked questions
Can I still evict a tenant without a reason?
No. Section 21 no-fault evictions were abolished in England on 1 May 2026. You now need a Section 8 ground, the correct form and notice period, and a court order if the tenant does not leave voluntarily.
Can my tenant keep a pet if I said no pets?
The tenant can make a formal written request, and you must respond within 28 days with reasonable grounds if you refuse. A blanket no-pets policy is very difficult to defend. You may require pet damage insurance, not an extra pet deposit.
How often can I increase the rent?
Once a year at most, through Section 13, with at least two months' notice on the prescribed form, and no increase in the first 12 months. The tenant can challenge an above-market increase at the First-tier Tribunal.
Related reading
- Buy-to-Let Mortgages for First-Time Landlords: Criteria, Deposits and Lenders (2026)
- How to Calculate Rental Yield: Gross vs Net (With UK Worked Examples)
- Limited Company Buy-to-Let vs Personal Name: Which Is Better in 2026?
- How to Evict a Tenant Legally in 2026 (Section 8 and Section 21)
- Tenant Referencing UK: Checks Landlords Must Run
- Landlord Insurance UK: What Cover You Actually Need
- EPC Rules for Landlords: Will You Need a C Rating by 2028?