The Renters' Rights Act 2025: A Summary of the Key Possession and Tenancy Changes

The Renters' Rights Act 2025 represents the most significant reform of private renting in England for many years. The principal tenancy and possession provisions came into force on 1 May 2026.

For practitioners, the central point is simple: section 21 is gone, fixed-term assured shorthold tenancies have largely been replaced by periodic assured tenancies, and possession now depends on proving a statutory ground under section 8 of the Housing Act 1988.

This note summarises the changes most likely to matter in possession proceedings.

1. Section 21 is abolished

Section 21 no-fault possession has been abolished. The last valid date for service of a section 21 notice was 30 April 2026. Where a valid section 21 notice was served before 1 May 2026, any possession claim must be issued by the earlier of the remaining validity period of the notice and 31 July 2026.

From 1 May 2026, landlords must generally rely on a statutory ground for possession.

That is the main practical shift here. The court is no longer concerned with whether a section 21 notice was validly served, save for transitional cases. The court is now concerned with whether the landlord has identified and proved a statutory ground under Schedule 2 Housing Act 1988.

2. Most assured tenancies are now periodic

The Act removes the fixed-term assured shorthold tenancy model in the private rented sector. Most existing assured shorthold tenancies converted into assured periodic tenancies on 1 May 2026. New assured tenancies granted on or after that date must generally be periodic from the outset, with a rent period of no more than one month.

The practical consequence is that expiry of a fixed term no longer provides a route to possession. A landlord cannot simply wait for the term to end and then recover possession through section 21. The landlord must rely on a section 8 ground.

Practitioners should be careful with language here. It is safer to say "most assured tenancies in the private rented sector" are now periodic, rather than "all tenancies". The Act does not apply across every form of occupation and does not apply in the same way outside England.

3. Section 8 is now the central possession route

Post-1 May 2026, private rented sector possession claims will generally proceed under section 8 Housing Act 1988.

The landlord must:

• serve a valid section 8 notice;
• identify one or more statutory grounds;
• comply with the correct notice period;
• issue on a ground that is available at that stage of the tenancy;
• prove the ground at the hearing;
• satisfy the court that it is reasonable to make an order where the ground is discretionary.

The distinction between mandatory and discretionary grounds remains critical. For mandatory grounds, the court must make an order if the requirements are met. For discretionary grounds, the court must also be satisfied that it is reasonable to make a possession order.

4. Ground 8: the mandatory rent arrears threshold has increased

Ground 8 remains a mandatory rent arrears ground, but the threshold has increased. Before 1 May 2026, the relevant threshold was:

• 8 weeks' arrears where rent was payable weekly or fortnightly;
• 2 months' arrears where rent was payable monthly.

From 1 May 2026, the threshold is:

• 13 weeks' arrears where rent is payable weekly or fortnightly;
• 3 months' arrears where rent is payable monthly.

That threshold must be met both when the section 8 notice is served and at the date of the hearing. This matters in practice. Monthly rent is the most common arrangement. Stating the new threshold as "13 weeks" alone is incomplete.. The correct formulation is 13 weeks for weekly or fortnightly rent, and 3 months for monthly rent.

Grounds 10 and 11 remain important as discretionary alternatives. Ground 10 may assist where some rent is unpaid but the Ground 8 threshold is not met. Ground 11 may assist where there is a pattern of persistent delay in paying rent, even if arrears fluctuate.

5. Rent arrears notice period

For rent arrears grounds, including Grounds 8, 10 and 11, the section 8 notice period has increased to 4 weeks. Practitioners should check the applicable notice period for every ground relied upon. The Act changed a number of notice periods, and a defective notice period may undermine/invalidate the claim.

6. New and revised landlord need grounds

The Act preserves routes to possession where the landlord has a recognised need to recover the property, but these grounds are now tightly structured.

Ground 1 remains relevant where the landlord or a close family member intends to occupy the property.

Ground 1A is a new mandatory ground where the landlord intends to sell the property or grant a lease of more than 21 years.

These grounds broadly replace some of the practical function previously served by section 21, but they are not free-standing no-fault routes. They have conditions attached.

In particular:

• Ground 1 cannot usually be relied upon within the first 12 months of the tenancy;
• Ground 1A cannot usually be relied upon within the first 12 months of the tenancy;
• Ground 6, dealing with demolition or redevelopment, is generally restricted in the early period of the tenancy.

The key practitioner point is that it is not enough to identify the ground. You must also check whether the ground is available at that point in the tenancy.

7. Anti-social behaviour and breach grounds

The Act preserves possession routes for anti-social behaviour, nuisance, criminal conduct, breach of tenancy and related matters. These cases will remain evidence-sensitive.

Practitioners should consider:

• whether the ground is mandatory or discretionary;
• whether the conduct relied upon falls within the pleaded ground;
• whether witness evidence is sufficient;
• whether hearsay evidence has been properly addressed;
• whether there is a proportionality, Equality Act, disability or vulnerability issue;
• whether the landlord has complied with any relevant pre-action or regulatory requirements.

Where the ground is discretionary, the court's focus will be reasonableness. Evidence of impact, chronology, warnings, engagement, support offered and proportionality will matter.

8. Rent in advance

The Act also changes the rules on rent in advance. There are two distinct restrictions.

First, before the tenancy agreement is signed, a landlord or agent cannot ask for, encourage or accept rent in advance. Second, after the tenancy agreement is signed, the maximum that may be required is one month's rent in advance, or 28 days' rent where the rental period is less than one month.

It is not a matter of simply saying "landlords cannot demand more than one month's rent in advance". That proposition captures the post-signature cap, but it misses the pre-signature prohibition. This change is made by s.5 Renters' Rights Act 2025, amending Schedule 1 Tenant Fees Act 2019.

9. Rental bidding is banned

The Act prohibits rental bidding. Landlords and letting agents must advertise a property at a fixed rent. They must not invite, encourage or accept offers above that advertised figure.

The practical effect is that landlords and agents cannot create or exploit a bidding process in which prospective tenants compete by offering higher rent. For practitioners, this may become relevant in enforcement, regulatory complaints, local authority action and disputes about prohibited payments or unlawful letting practices.

10. Rent increases

The Act also changes how rent increases operate. Rent increases must generally proceed through the statutory mechanism and are limited in frequency. Tenants have the ability to challenge excessive proposed increases. Contractual rent review clauses lose much of their practical significance in the new regime.

For possession practitioners, rent increases may become relevant where arrears are calculated by reference to a disputed increase. If arrears are relied upon for Ground 8, the landlord should be ready to prove the lawful rent due.

11. Pets

Tenants have a strengthened right to request permission to keep a pet 🐾

A landlord cannot refuse consent unreasonably. This does not mean every tenant has an absolute right to keep an animal, but it changes the starting point. Disputes will likely turn on the property, the type of animal, lease restrictions, insurance, nuisance risk, damage risk and any conditions proposed.

12. Discrimination and blanket bans

The Act also targets blanket bans against tenants with children and tenants in receipt of benefits. Landlords and agents should not exclude whole categories of prospective tenants without individual assessment. This is relevant beyond possession work, but practitioners should be alert to discriminatory letting practices where they form part of the background to a dispute.

13. Private rented sector database and redress

The Act introduces a private rented sector database and requires landlords to participate in a redress scheme. These reforms are aimed at improving visibility, accountability and enforcement in the private rented sector. In practice, local authority enforcement is likely to become more important. Non-compliant landlords may face greater scrutiny before and during possession proceedings.

14. What practitioners should check before a possession hearing

Before the hearing, check:

• What tenancy exists?
• Was the tenancy created before or after 1 May 2026?
• Did an existing tenancy convert into a periodic assured tenancy?
• What ground or grounds are pleaded?
• Are the grounds mandatory or discretionary?
• Is the ground available at this stage of the tenancy?
• Has the correct section 8 notice been served?
• Has the correct notice period expired?
• Is the prescribed form correct?
• Is there any issue with service of the section 8 notice that requires the court to consider dispensing with service?
• Is the ground made out on the evidence?
• For rent arrears, are the arrears correctly calculated?
• For Ground 8, is the threshold met at both notice and hearing?
• For discretionary grounds, why is it reasonable to make an order?
• Are there Equality Act, proportionality, vulnerability or public law issues?
• Has the landlord complied with any relevant pre-action or regulatory requirements?

NB: Post-reform possession claims require discipline at the front end. The ground, notice, timing and evidence must align.

15. The shift in approach

The Renters' Rights Act 2025 changes the structure of private rented sector possession work. Before the Act, many claims turned on technical compliance with section 21. After the Act, claims turn on statutory grounds, evidence and reasonableness.

For landlords, the burden is higher. They must identify the correct ground, serve the correct notice, wait the correct period, and prove the facts. For tenants, the protection is stronger. They can no longer be removed simply because a fixed term has expired or because the landlord wants possession without giving a statutory reason.

For practitioners, the work is now more forensic. The key questions are not whether the tenancy has ended, but why possession is sought, whether the Act permits that route, and whether the evidence proves it.

Anna Roffey, Barrister