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Existing Assured Shorthold Tenancies (ASTs) will remain unchanged or as they are. Thus, they will continue under their current terms until the government activates the transition date (Big Bang approach) where it automatically converts ASTs into Assured Periodic Tenancies (APTs).
The RRA 2025 applies to England and Wales, but implementation dates differ slightly. Also, it may replace sections of the Housing Act 1988 (HA 1988), the primary legislation for private renting in England and Wales.
The following are key changes wef (with effect from) 01st May 2026:
END OF SECTION 21 NOTICE (no-fault eviction process under the HA 1988)
- Section 21 will be abolished. All evictions must rely on prescribed Section 8 grounds where there are 37 in total, of which 26 are mandatory.
- Notice period extended to reflect the removal of Section 21 notice – i.e., tenants receive a longer notice period and can challenge the ground if it’s not genuine.
GENERAL RULES ON GROUNDS FOR POSSESSION
- Landlords must use one of the prescribed Section 8 grounds where there are 37 in total, of which 26 are mandatory.
- Key grounds are as follows:
- Ground 1, landlords returning to live in the property requires 4 months' notice;
- Ground 1A, landlords intention to sell or grant a long lease requires 4 months' notice, but cannot be used for existing ASTs as it is a new mandatory ground under RRA 2025. If you do not know your tenancy types click on https://england.shelter.org.uk/housing_advice/downloads_and_tools/tenancy_checker;
- Ground 4A, annual turnover for student accommodation. This is where landlords can regain possession every academic year. Thus, it prevents situations where a student tenant could stay indefinitely;
- Ground 6B (new mandatory ground), overcrowding requires 4 months' notice. This is where landlords are to regain possession as the number of people living breaches the legal overcrowding standards; and
- Ground 8, persistent and serious arrears where it requires 2 weeks' notice.
WRITTEN TENANCY TERMS
- Landlords must provide a written statement of terms for all APTs. Whilst existing tenants may request one of their current terms for transparency purposes where landlords must comply.
- All new tenancies become APTs. This is where a tenancy is either on a weekly or monthly rolling -- i.e., no longer locked into a 6-12 months fixed contract, with no fixed end date, but renews automatically at the end of each rental period.
- Existing ASTs will continue for a period until the government activates the automatic conversion to APTs. This means that section 21 will continue to apply to existing ASTs until the Big Bang approach– i.e, switch over to APTs.
DEPOSITS
- Landlords must protect tenants' deposits through one of the current, existing tenancy deposit scheme providers (TDPs). Here is a link for relevant information on https://www.citizensadvice.org.uk/housing/deposits/check-your-landlord-has-protected-your-deposit/
- The existing legal limit for a deposit continues to apply under the new system. Here is a link for more relevant information on https://england.shelter.org.uk/housing_advice/tenancy_deposits/paying_your_tenancy_deposit
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RENT ON ADVANCE
- Tenants can voluntarily offer to pay more rent in advance, but it is unlawful for landlords to require more than one month's rent in advance as a contractual obligation (e.g., a clause in the tenancy agreement) in APTs.
RENT INCREASES (Currently, rent increases use section 13 legal procedure through County Court or a rent review clause in the tenancy agreement.)
- Rent review clauses are banned and any attempt to include them will be legally unenforceable.
- Rent increases must use section 13 legal procedure and file at the First-Tier Tribunal (FTT) - Property Chamber. FTT - Property Chamber may delay increases where tenants would face hardship.
- Tenants may challenge proposed rent increases in APTs under section 22 and have the right to ask the FTT – Property Chamber for a review.
ANTI-DISCRIMINATION RULES
- New legal protection against discrimination where landlords cannot refuse a tenant based on benefits. However, landlords can still assess whether tenants can afford the rent by taking into consideration at their income, and capital.
- Enforcement will be challenging (difficult to prove) because tenants initially bear the burden of proof until it shifts to the landlord to explain their actions.
- Applies in Wales from June 2026.
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- Tenants may request permission to accommodate a docile pet in writing within the property.
- Landlords must respond within 28 days.
- If further information is required, landlords must decide within 7 days of receiving it.
TENANTS’ NOTICE TO QUIT
- Tenants must give 2 months' notice instead of the current 1 month's notice.
- Notice may be withdrawn if the tenant changes their mind. This is where tenants can revoke the notice before it expires or tenancy has legally ended.
RENT IN REPAYMENT ORDERS (RROS)
- Tenants can reclaim up to 2 years' rent for unlawful eviction or harassment instead of the current 1 year.
- RROs are available for cases where landlords misuse Grounds 1 and 1A. This is where landlords claim to intend family to move in or to sell the property when they actually don't, then the landlord can be ordered to repay up to 1 year of rent.
LANDLORDS' PENALTIES and LOCAL AUTHORITIES (LAs) POWERS
- LAs may impose fines from £7k up to £30k depending on landlords' breaches.
- LAs may investigate and prosecute landlords inside and outside of their boroughs. This is where they can issue penalties for breaches and retain fines to fund PRS enforcement (e.g., staffing, inspections and database monitoring).
PRS DATABASE & OMBUDSMAN
- The national PRS database will launch later this year or by 2028.
- The national PRS database is managed by the PRS Ombudsman. Landlords must register themselves and their properties.
- The PRS database registration is subject to a fee. Failure to register or comply with PRS Database requirements can lead to civil penalties ranging from £7,000 to £40,000, or prosecution.
- The national PRS database is accessible to the public where it will show, amongst others, landlords' information and breaches or offences.
- The PRS Ombudsman will allow tenants and landlords to resolve disputes without court proceedings. This is where a formal dispute-resolution service is provided to investigate and resolve issues without the need for court proceedings.
If you are PRS tenants on existing ASTs, it may be prudent to avoid escalating non-urgent disputes that might prompt landlords to serve a section 21 notice before the reform takes effect on 01st May 2026. This is because a valid notice before the Big Bang approach, landlords can still evict tenants under the current rules.
If you are PRS tenants on existing ASTs, be aware that some landlords may issue “protective section 21 notices” ahead of the reforms. This is because “protective section 21 notices” served before that date remain valid under the current rules where landlords can still begin possession proceedings and evict tenants using the current rules. Thus, it allows landlords to preserve their ability to regain possession under the current, existing rules even after the Big Bang approach starts the abolition of the section 21 notice for existing ASTs.
If you are PRS tenants on existing ASTs and have been served by landlords with an invalid section 21 notice before 01st May 2026, it cannot be corrected by serving a new notice under APTs. However, landlords can still issue a fresh section 21 notice on existing ASTs until the government activates the Big Bang approach.
The above information reflects my understanding of the reforms and is provided for general guidance only. If you believe any part requires clarification or correction, please feel free to contact me. Hence, it should not be taken as legal advice.
