It has finally happened. The long-awaited commencement date for the integral parts of the Renters’ Rights Act 2025 was, on 13 November 2025, confirmed by the Government.

The commencement date is set : 1 May 2026.

So, what does this mean?

At Greenhalgh Kerr, we represent some of the key players in the BTR & PBSA industry. This article will take you through some of the biggest changes and how they will affect landlords.

What is the Impact on Tenancies Generally?

The Act will abolish fixed term assured tenancies. All tenancies will be periodic and unless one of the grounds for possession are met, it will be up to the tenants when they leave. When they do decide to leave, two months’ notice must typically be given.

Landlords cannot require payment upfront of more than one month’s rent (or 28 days if the rental period is less than 1 month), unless the tenant offers it themselves. Whilst this seems to be a positive change for tenants, will it turn out that way in practice? Many landlords require upfront payment if a prospective tenant fails referencing. Therefore, will tenants who do not meet the criteria be completely rejected as a result? Upfront payment will only be permitted if the tenant offers it themselves. The Renters’ Right Act will amend the current Tenant Fees Act 2019 meaning it will become a Banned Fee unless the tenant proposed it rather than it being requested by the landlord.

Rent Review clauses will be abolished by The Act. Instead, landlords will only be able to increase rent once per year and strictly by serving a Section 13 notice. There is no change as to “when” rent can be increased, but landlords will no longer be able to increase the rent any higher than market rate(the achieved price if the property was newly advertised)

Introduction of the ‘Private Rented Sector Landlord Ombudsman’ and ‘Private Rented Sector Database’

The Private Rented Sector Landlord Ombudsman will be an independent service used for resolving issues and disputes between landlords and private tenants. It will aim to resolve disputes through an impartial platform for tenants to raise complaints about their landlords. They will investigate any issues raised at all stages of the rental process. They can mandate actions, require an apology, award compensation, and enforce rulings, alongside other resolutions. Unlike the current system, this will be compulsory for all private landlords. Tenants will have access to the Ombudsman  in addition to taking Court action.

Landlords will also be required to sign up the Private Rented Sector Database.  Membership by private landlords will be mandatory, and the local authority can take action against those who fail to join. This includes fines of up to £7,000 for initial breaches, and up to £40,000 or criminal prosecution if the breaches continue. Some possession grounds will also not be available to a landlord, unless they are registered. A fee is payable upon registering, intended to support the database and what it does.

Decent Homes Standard

The Act will introduce the Decent Homes Standard (“DHS”), which will be applied to all privately rented homes, intending that all homes are safe and decent.

Regulations will be made setting out the DHS requirements for private rented homes and will give councils enforcement powers proportionate to the breach. The DHS aims to help landlords clarify the requirements for providing tenants with decent housing and a good service.

Discrimination and Pets

The Act will allow action to be taken against landlords who are discriminatory when it comes to who they choose to accept as tenants. Families with children or people on benefits can no longer be refused a tenancy on this basis. Landlords will continue to carry out referencing checks to ensure the tenancy is suitable, but the focus will be on affordability.

It also means that landlords cannot unreasonably withhold consent when it comes to tenants’ requests to have a pet. Decisions to refuse pets, which tenants feel are unfair, can be challenged. Guidance in respect of this is due to be published prior to commencement.

Abolition of Section 21 Notices

The big one. The one everyone has awaited with baited breath.

Admittedly, there will be some rogue landlords who abuse the Section 21 procedure. However, there are a significant number of landlords who use it when they feel they have no other choice.

The most common reasons Greenhalgh Kerr are instructed to serve a Section 21 notice are:

• Tenants who are consistently in arrears but always go below the mandatory ground threshold either without ever being served with a Section 8 notice, or prior to the possession hearing.
• The local Court being so understaffed and faced with such severe backlogs, that a landlord could be looking at 6 months before the first possession hearing is even listed. This means escalating arrears that the tenant is likely never going to be able to pay off. Bad debt for the landlord and an unpaid judgment for the tenant.
• Tenants who consistently breach their tenancies whether that be by subletting, anti-social behaviour, the use of drugs, or discriminatory or violent behaviour towards landlords, their agents or their staff. Whilst this kind of behaviour falls within a current discretionary ground for possession, in reality it can take 3 oto 4 hearings to actually obtain a Possession Order on this basis. Even then, in our experience it will most likely result in an order for Suspended possession.
• Incarcerated tenants who are not paying their rent but have not and/or will not surrender possession of the property despite not paying rent
• Landlords will no longer be able to serve Section 21 notices from 1 May 2026.
• Any notices not served by 30 April 2026 will be defective, invalid, and illegal.
• Any accelerated proceedings must be issued by 31 July 2026. Anything after this date will not be able to proceed.

Possession Grounds

With Section 21 being abolished, how can a tenant be evicted?

Alongside the introduction of new grounds, the current grounds will be amended. Landlords may consider that the are more so in the tenant’s favour. The mandatory threshold for rental arrears will increase from 2 months to 3, and tenants must be given 4 weeks’ notice before proceedings can be issued, as opposed to the current 2-week requirement. The intention is to allow tenants a longer period to pay off the arrears before legal action can be taken, but in our experience, once you have hit the 2-month arrears mark, more likely than not they will continue to escalate to the point of no return. Tenants will therefore end up in more debt, and landlords will need to wait longer and allow more arrears to escalate before taking action. Once again, landlords faced with higher aged debt and tenants faced with higher unpaid judgments.

A table of the grounds has been published by the government, but to summarise the ones that we expect will have the biggest impact to the sector: –

• Ground 4A (mandatory) – where a house in multiple occupation (HMO) is let to students’ full time and possession is required for a new student / students, due to a new academic year. 4 months’ notice will be required, and this ground cannot be used if the tenancy was agreed more than 6 months in advance of the tenant taking occupation.
• Ground 7 (mandatory) – where a tenancy has been passed on by will or intestacy, and proceedings began within the requisite 12-month period. This can only be used where the new tenant was not living in the property immediately before the previous tenant died, who also inherited the tenancy, or it is a “special tenancy.” 2 months’ notice will be required.
• Ground 7B (mandatory) – at least one of the tenants does not have a “right to rent” under UK immigration law. 2 weeks’ notice will be required.
• Ground 8 (mandatory) – the tenant is either 3 months’ (currently 2) or 13 weeks (currently 8) in rent arrears both at the time of service of the notice, and on the day of the possession hearing. The 13-week requirement is for those who pay rent weekly or fortnightly. 4 weeks’ notice will now be required before landlords can issue proceedings.

Rent Repayment Orders

This is already an available mechanism to tenants, for landlords who have committed an offence and are ordered to repay a sum of rent to the tenant or local authority. If a tenant believes an offence has been committed, they can apply to the First Tier Tribunal, who must be satisfied beyond reasonable doubt, that one of the offences has been committed to order rent repayment.

The Act intends to introduce measures to strengthen Rent Repayment Orders, by increasing the deterrent effect, and making it easier and more appealing for tenants to pursue. Landlords who have previously been subject to enforcement will be required to pay the maximum amount if the offence is committed again. The maximum will increase from 12 months to 24, alongside the period it can be applied, increasing from 12 to 24 months.

Next Steps

What can you do to prepare for commencement?

Educate yourself. The Renters’ Rights Act will be one of the most impactful pieces of housing legislation since the Housing Act 1988. Start preparing now. The 1^st of May 2026 will be here before you know it, and the last thing you need is to be in a position where you have limited time to implement any required changes.

Now that the Renters’ Right Act has received its commencement date, here at Greenhalgh Kerr, we will look to provide training, guidance, and support to our clients, to ensure a smooth transition.

If you wish to discuss this further and/or you require extra support surrounding the impending commencement date or any other possession/arrears related issues, please contact info@greenhalghkerr.com, who will put you in touch with our Housing Department.

Emily Elliott