Renters’ Rights Act 2025 – What Landlords Need To Know About New Legislation

Last year, BTMK Solicitors published an article about the proposed Renter’s Rights Bill and the potential changes it would make and what this would mean for Landlords. This article can be accessed here.

The Renter’s Rights Bill received Royal Asset on 27^th October 2025, and has been enacted as an Act of Parliament, marking a Landmark change to private sector renting and tenant’s rights. The government has also now published their ‘Roadmap’ for implementation of the Act. They have confirmed that the act will be implemented in a 3-phase approach. Therefore, BTMK wished to provide its clients and Landlords with an update on the Act and how it will impact tenancies and Possession proceedings.

Renters’ Rights Act 2025 – Phases 1 to 3

Phase 1 – From 1^st May 2026:

• Abolish S.21 Evictions: The Act has abolished ‘no-fault evictions’. This change will be implemented in one stage (not a staggered changed). From 1^st May 2026, Landlords will no longer be able to use the S.21 route to evict tenants.
• Move to Periodic Tenancies: From 1^st May 2026 the Act will move all tenancies to a simpler tenancy structure whereby all assured tenancies are periodic, as opposed to fixed term tenancies.
• Change in Possession Grounds: The new legislation ensures landlords can recover their property under certain circumstances, for instance when they intend to sell the rental property or move into the property themselves. However, Landlord’s will not be able to evict their tenants to move in or sell the property within the first 12 months of a tenancy, as this is considered a ‘protected period’. Landlords will need to provide 4 months’ notice, when using these grounds to evict. Furthermore, once a Landlord uses the grounds that they are moving into the property or selling the property to evict a tenant, they will not be able to market or re-let their property for 12 months. Please see Table 1 at the following link to see the full Grounds for Possession and Notice Period: https://www.gov.uk/government/publications/guide-to-the-renters-rights-act/guide-to-the-renters-rights-act#tenancy-reform
• Changes to the S.8 Route: Tenant’s now must be in 3 months’ worth of arrears, for a Landlord to issue a s.8 Notice (previously the threshold was 2 months’ worth). The notice period will also increase from 2 weeks’ notice to 4 weeks’ notice.
• Rent Increase Changes: Any rent review clauses in pre-existing tenancy agreements will not be valid and rent review clauses in new agreements are not permitted. Instead, a Section 13 notice must be used to increase rent. Rent increases can be challenged by tenants through the First-tier Tribunal. Landlords are also prohibited from demanding more than one month’s rent in advance when entering into a new tenancy agreement.
• It is illegal for Landlords and Agents to discriminate against prospective tenants in receipt of benefits or with children: Properties cannot be advertised for rental with ‘No DSS’ for instance.
• Landlords and Agents are prohibited from asking for or accepting offers above the advertised rent: Landlords and agents will be required to publish an asking rent, and it will be illegal to accept offers made above this rate. Local Councils will have the power to impose civil penalties, up to £7,000, for breaches in relation to rental bidding.
• Changes to restrictions on Pets in rented property: The Act has provided Tenants with strengthened rights to request a pet in the property. Landlords must consider this request and cannot unreasonably refuse. Tenants will also be able to challenge unfair decisions. Further guidance is due to be published by the government on this matter before the new law comes into effect.
• Strengthened Local Authority’s Enforcement Powers: The First-tier Tribunal will be able to issue rent repayment orders to Landlords who have committed an offence, meaning the Landlord will have to repay an amount of rent to the tenant or local authority. The maximum penalty has also been increased by the Act and there are now more severe consequences for repeat offenders. Rent repayment orders have also been extended to superior landlords.

Phase 2 – From Late 2026:

• Creation of a Private Rented Sector Database: The database aims to help landlords understand their legal obligations and demonstrate their compliance with such. It also will provide tenants with more information to allow them to make informed decisions when entering into a tenancy agreement. Landlords will need to be registered on the Private Rented Sector Database, failure to do so means a Landlord will not be able to get a possession order, except if the ground under which possession is sought is ground 7A or ground 14. Local councils will be able to take enforcement action against private landlords that fail to join the PRS Database. These non-compliance issues will be rectifiable, however, it is important Landlords and Agents keep an eye on when the Database will be introduced to ensure compliance. There will be a registration fee payable by Landlords upon registration.
• Introduction of a new Private Rented Sector Landlord Ombudsman: The Act introduces the Private Rented Sector Landlord Ombudsman which will provide an impartial and fair resolution service to settle disputes between tenants and landlords without having to take the dispute to court. It also brings the Private Rented Sector on par with already established redress practices for tenants in social housing and consumers of property agent services. The Ombudsman scheme will be mandatory for Private Rented Sector landlords. Landlords will be required to fund the service through a charging model, which will be confirmed by the government closer to launch. Implementation of the Ombudsman will happen after the introduction of the Database.

Phase 3 – Dates for Implementation to be confirmed in due course:

• Introduction of a Decent Homes Standard (DHS): This aims to ensure privately rented homes are safe and decent. Local councils will have effective and proportionate enforcement powers to ensure this remains the case. The government are proposing a long-term deadline of potentially 2035 or 2037, however their expectation is that landlords should commence works earlier wherever feasible, remaining mindful of the effect on tenants.
• Awaab’s Law is will now applicable to the Private Rented Sector: ‘Awaab’s law’ was introduced through the Social Housing (regulation) Act 2023, and previously only applied to social housing. Following the implementation of this Bill, ‘Awaab’s Law’ will apply to privately rented homes. It means that landlords must address hazards such as damp and mould within a specific time frame otherwise enforcement action may be brought against them. This change aims to provide safer homes to those renting. Further details about this policy and its implementation will be released by the government in due course.

The government’s full Roadmap to implementation of the Act can be accessed here: https://www.gov.uk/government/publications/renters-rights-act-2025-implementation-roadmap

The Current Legal Position

Notwithstanding the changes of the Act, the current legal position for a landlord wanting to regain possession following an assured shorthold tenancy is as follows:

• Serve a section 21 notice to terminate the tenancy on a no-fault basis.
• Serve a section 8 notice to terminate the tenancy on specific grounds which are listed in Schedule 2 to the Housing Act 1988 (as amended).

The Updated Legal Position

From 1^st May 2026, the first Phase will be implemented. From the implementation date the new tenancy system will apply to all private tenancies. From the implementation date the following will apply:

• All tenancies will be converted to periodic tenancies.
• Landlord’s will no longer be able to serve new s.21 notices.
• Landlord’s will no longer be able to serve old-style s.8 notices.
• All tenancies will need to have a written agreement (even if the tenancy was previously based on a verbal agreement. If a landlord has agreed an existing tenancy verbally with a tenant, they’ll need to provide a written summary of the main terms on or before 31^st May 2026.
• Landlords will have to provide tenants with a copy of a government-produced information sheet, explaining how the reforms may have affected the tenancy. This must be provided to all tenants on or before 31^st May 2026. The document will be published online by the government in March 2026.
• New Tenancy agreements will have to contain specific information, which will be set out by the government in further, secondary legislation. A draft of which should be published in January 2026, to allow Landlords sufficient time to prepare.

How BTMK can help Landlords navigate the Renters Rights Act 2025.

Currently, the s.21 route and old-style s.8 notice is still available to Landlord’s however, to proceed down these routes, the notices must be served prior to the implementation date of the new act. If any Landlords wish to proceed down these routes, they should act promptly in ensuring all paperwork is in order and issuing notices as soon as possible. This is something the team at BTMK are more than happy to assist you with. Landlords and agents should also remain aware of upcoming changes and discourse relating to the Roadmap for implementation.

If you are a Landlord and wish to obtain advice on regaining possession and the proposed changes to possession procedures, please do not hesitate to contact BTMK’s Litigation and Dispute Resolution Department for expert guidance and sound legal advice. BTMK has 24/7 phone lines and online chat facilities, and our team are able to assist with all urgent matters, with a varied team of Directors, Solicitors, Paralegals, Trainee Solicitors and Apprentice Solicitors.

BTMK’s current fixed fee possession scheme listing our fees for each stage up to and including obtaining possession of your Property (under the current possession procedures) can be accessed here.

Once further details about the Roadmap and possession process are announced, we shall prepare an updated fixed fee possession scheme considering the changes to possession procedures, however Landlords are invited to review our current fixed fee scheme to take steps to regain possession of their Property in the interim. As noted above, significant, wide ranging and impactful changes are due to be implemented as early as Spring 2026. Therefore, Landlords in difficulty would be advised to consider their position and the options available to them, well in advance of the Act’s implementation.

Article written by Rachel Gleeson (Graduate Solicitor Apprentice) in the Civil Litigation and Dispute Resolution Department. Rachel can be contacted on 01268 204262 or [email protected] in the first instance to discuss your available options.  

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