The Renters' Rights Act 2025 Phase 1 commenced on 1 May 2026. These are the questions landlords in England are asking most frequently, with plain-English answers.
Section 21 questions
Section 21 is permanently abolished
From 1 May 2026, Section 21 no longer exists as a possession route in England. Serving a Section 21 notice on or after this date carries a civil penalty of up to £7,000.
- Can I still use a Section 21 notice I served before 1 May 2026? Yes, but only if you file court possession proceedings before the notice expires and in any event before 31 July 2026. After that hard deadline, all pre-commencement Section 21 notices become permanently unenforceable.
- What replaces Section 21? Section 8 of the Housing Act 1988 served on prescribed Form 3A. You must cite a valid statutory ground for possession.
- Can I evict a tenant for no reason? No. Every possession claim must now cite a valid Section 8 ground. However, mandatory grounds — including Ground 1A (landlord intends to sell) — require the court to grant possession if the ground is made out and procedural requirements are met.
- What if I accidentally serve a Section 21 after 1 May? The notice is void and the local authority can issue a civil penalty of up to £7,000. Repeated service can attract penalties up to £40,000.
Tenancy conversion questions
- What happened to my existing ASTs on 1 May 2026? Every Assured Shorthold Tenancy automatically converted to a Periodic Assured Tenancy (APT) by operation of law. No new documents are required — the conversion is statutory and automatic.
- Does my tenant need to sign a new agreement? No. The conversion is automatic. You should write to each tenant confirming the change and serve the Written Statement of Terms if you have not already done so.
- My tenant has a fixed-term AST running to December 2026 — are they still bound by it? No. The fixed term converted to a periodic tenancy on 1 May 2026. The tenant can now give 2 months' written notice to leave at any time.
- Can I still grant a new fixed-term tenancy? No. From 1 May 2026, it is unlawful to grant a new fixed-term assured tenancy in England. Every new tenancy must be a Periodic Assured Tenancy from day one.
Information Sheet questions
- What is the Information Sheet? A government-prescribed document summarising tenant rights — rent increases, pet requests, possession process. Every existing tenant must receive it by 31 May 2026.
- Can I email a link to the government PDF? No. It must be served as an attachment. A link does not constitute valid service.
- Fine for non-compliance? Up to £7,000 per tenancy, imposed by the local authority.
Rent increase questions
- How do I increase rent from 1 May 2026? Section 13 of the Housing Act 1988 using prescribed Form 4A. The old Form 4 is invalid. Maximum one increase per rolling 12-month period, minimum 2 months' notice.
- My tenancy has a rent review clause — can I use it? No. Contractual rent review clauses have no legal effect in Periodic Assured Tenancies from 1 May 2026. You must use Section 13.
- Can the tenant challenge the increase? Yes — by referral to the First-tier Tribunal (Property Chamber) before the effective date. The Tribunal sets the market rent, which cannot be lower than the current rent.
Pet questions
- Can I refuse a pet request? You can refuse on reasonable grounds but cannot maintain a blanket no-pets policy. You must respond in writing within 42 days.
- Can I require pet insurance? Yes. You may make consent conditional on appropriate pet damage insurance.
- Can I charge a higher deposit for a pet? No. The Tenant Fees Act 2019 caps deposits at five weeks' rent regardless of pets.
Possession questions
- Can I evict a tenant who owes rent? Yes — Ground 8 (mandatory, 3+ months' arrears), Ground 10, or Ground 11 on a Section 8 Form 3A notice.
- Can I evict because I want to sell? Yes — Ground 1A (mandatory). Four months' notice, minimum 12-month tenancy, 12-month re-let ban.
- Can I evict because I want to move back in? Yes — revised Ground 1 (mandatory). Four months' notice, minimum 12-month tenancy.
- How long does possession take? Typically 3–6 months from serving Section 8 notice to possession order under mandatory grounds; longer under discretionary grounds.