Here are some of the changes:
- Abolition of “no fault” evictions
Landlords will no longer be able to serve a section 21 notice (a “no fault” eviction) and will need to rely on statutory grounds to serve a section 8 notice.
There are more than 20 grounds for possession that a landlord must prove if it wants to end the tenancy. Some of the more notable grounds are below:
- The landlord intends selling the property.
- The landlord or close family member intends moving into the property
- Rent arrears.
- Antisocial or nuisance behaviour.
The abolition of section 21 notices will significantly curtail a landlord’s ability to bring a tenancy to an end and remove a tenant. It will also mean that most possession claims will require a court hearing, which will significantly increase the volume of possession claims in an already under strain court system. Landlords are likely to face increased delay in regaining possession, particularly in disputed cases.
Points for landlords:
- Review existing tenancies and consider serving a section 21 notice at this stage. For existing tenancies, there is still a limited window of time to serve section 21 notices and issue court proceedings for a possession order.
- Plan for longer possession timelines and potential court delays.
- Improve tenant vetting processes to mitigate against the need for possession proceedings.
- Limitations on landlord’s ability to increase rent and tenant’s right to challenge increase
Landlords will only be able to increase the rent once per year and must give at least two months’ notice. This must be done by serving a section 13 notice. The tenant may challenge the proposed increased in the First Tier Tribunal. Such a challenge will delay the increase and even if the Tribunal agrees with the Landord’s proposed rent, it cannot backdate it.
Points for landlords:
- Review existing tenancies and consider making increases at this stage.
- Gather market evidence for proposed rents and rent increases in preparation for any challengers.
- Factor in potential delays to rent increases when setting initial rents.
- Abolition of Assured Shorthold Tenancies (ASTs)
ASTs will be abolished and replaced with assured periodic tenancies. This will apply to existing and new residential tenancies, with rent periods limited to one month.
This means that tenants will have the ability to end tenancies earlier, upon giving two months’ notice. One of the implications for landlords is that they will lose the certainty of fixed term tenancies to provide a stable and certain income.
Points for landlords:
- Landlords should plan for the increased ability to end tenancies on short notice and a possible increase in tenant turnover.
How Harris & Harris can help
- If you would like advice on regaining possession of your property or on the changes made by the Renters Rights Ac 2025 please contact Emma Wiltshire or Andy Hambleton.
