The Renters’ Rights Act 2025 received royal assent on 27 October 2025. The first set of changes will come into force on 1 May 2026. These include:
- the abolition of section 21 “no fault” evictions
- measures designed to prevent discrimination in the rental market; and
- A ban on rental bidding
From late 2026, the private rented sector database and Landlord Redress Scheme will be introduced.
In anticipation of the above, we have prepared some top tips for landlords and letting agents operating within the private rented sector. Note the below does not address changes to landlords who offer social housing.
Discrimination in the rental market – 1 May 2026
Landlords or agents acting on their behalf are prohibited from “discriminating” against prospective tenants who either have a child living with or visiting them, or are in receipt of benefits. Discrimination includes preventing a prospective tenant from enquiring about the property, viewing the property or taking a tenancy.
Terms in a tenancy agreement that either prohibit tenants from having a child live with them or visit them, or prohibit the tenant from claiming benefits, will be of no effect.
Rental bidding – 1 May 2026
A Landlord or agent acting on their behalf must specify the amount of proposed rent in the advert offering to rent the property. The landlord or agent acting on their behalf must not invite or accept offers of rent that are higher than that stated in the advert.
The Local Housing Authority (LHA) can impose financial penalties if satisfied that the landlord and/or their agent have failed to advertise the proposed rent or have invited or accepted a higher rent than that advertised.
Landlord Redress Scheme – late 2026
The Landlord Redress Scheme allows for a complaint by or on behalf of a prospective, current or former tenant against a landlord to be independently investigated and determined.
More information will be expected to come as to the practicalities of how the Scheme will be implemented when the Secretary of State passes further regulations. It is expected that residential landlords will be required to join the Scheme before marketing the property.
The LHA may impose a financial penalty if satisfied beyond reasonable doubt that the person has breached the requirements under the Scheme.
Private rented sector database – late 2026
A database will be established which must contain information on persons who are, or intend to become, residential landlords and properties which are, or intend to be, let under residential tenancies.
Once this comes into force, landlords will not be able to market or offer to let properties unless there is an active entry on the database for both the landlord and the property. Landlords will not be able to obtain a possession order against a tenant of the property unless there are active entries for both the landlord and the property in the database (unless the ground of possession is for serious criminal or anti-social behaviour).
The LHA must make entries on the database against those who have been subject to banning orders and/or financial penalties.
As with the Landlord Redress Scheme, the Secretary of State will be implementing further regulations which will detail how the database will work in practice and when it will come into force.
Grounds for possession (main changes)
It will no longer be possible to serve a section 21 notice (no fault eviction) and rely on this to obtain possession of a property. Section 8 notices are still available but some existing grounds have changes and some new grounds have been introduced.
One of the most frequently relied on ground for possession claims currently is rent arrears (ground 8). The current law only requires the tenant to be in arrears of 2 months (or 8 weeks if paid weekly) before a notice can be served. This has now been increased to 3 months’ rent (or 13 weeks’ rent if paid weekly). The notice period has also increased to 4 weeks (up from 2).
The process for obtaining possession when the new law takes effect will undoubtedly incur more time and resources for landlords and those advising them.
At this time, we strongly recommend landlords and their agents keep an eye any further updates about the private rented sector database and get registered as soon as they are able.
We also recommend you continue to keep your portfolio under review and utilise the ‘no-fault’ eviction process while it remains available where needed.
Conclusion
The Renters’ Rights Act brings in some of the biggest changes to the private rented sector this millennium. Our key advice to landlords and letting agents is this: be prepared. There are plenty of free resources available online.
If you are a landlord or letting agent and seeking guidance for navigating the changes, please get in touch with one of our property litigators on 01202 292424.
