Mayday! Landlords: Need help with the Renters Rights Act?
Colin Adamson, Head of Commercial Litigation in our Disputes team, offers guidance for some landlords who might feel they've been cast adrift.
The Renter’s Rights Act will commence on May 1st 2026 and it promises to be the most significant change in landlord and tenant law for many years. However, many landlords are not 'May day' aware.
The Act applies to all private and professional landlords, tenancies provided by private registered providers of social housing or supported accommodation, as well as landlords providing temporary accommodation to homeless households on behalf of local authorities. However, the Act does not apply to secure tenancies offered by local authorities.
What you need to know:
The ending of “no-fault” evictions
The provisions for so-called 'no-fault' evictions under Section 21 of the Housing Act 1988 are to be removed. From May 1st 2026, it will no longer be possible for the landlord to seek possession by serving a notice under Section 21(1) or 21(4) of the Housing Act 1988. Previously landlords could gain possession whether the tenants were in breach of the tenancy agreement or not. This will no longer be the case from May 1st 2026.
From the commencement date, a landlord will only be able to recover possession if they serve a Section 8 Notice relying on one or more of the Grounds of Possession contained in Schedule 2 of the Housing Act 1988.
This will need to be proved in Court. As you can imagine, this can make the life of a residential landlord considerably more difficult. For example: the landlord will need to prove that the tenant is in some way at fault entitling the landlord to seek possession.
With the abolition of Section 21, it will take a greater length of time, particularly in consideration of court backlogs, for landlords to recover possession of their property.
Furthermore, from 'May day' all possession claims require a hearing at Court. Should the landlords wish to have legal representation at the hearing, they will incur an increased amount of legal costs.
Other significant transformations of the law following 'May day' are:
1. The tenant(s) will need to be provided with four months’ notice of a landlord intending to sell their property/move into the property. Under Section 21, a landlord needed to only provide two months’ notice.
2. The tenant(s) cannot be evicted within the first 12 months of a new tenancy.
3. If the landlord seeks possession under Section 8 for rent arrears, they are legally required to provide the tenant(s) with four weeks’ notice and the tenant(s) must be at least three months in arrears.
4. Landlords will not be able to market or re-let their property for 12 months after using the moving or selling grounds. The exception to this is for shared owners.
In conclusion, these are only a few of the changes that will be impacting landlords later this year.
At Cozens-Hardy, we have a team of specialist housing advisers who will be happy to guide you through the impact of the new Act. We can also assist by drafting tenancy agreements which will be compliant with the latest changes in legislation.
If you are seeking to evict tenants prior to May 1st, 2026 and wish to recover possession of your property under Section 21 of the Housing Act 1998, our team can assist you with this. We can support you through the Section 21 process prior to its abolition.
If you have any queries, please email cpadamson@cozens-hardy.com