Today is the Day: The Renters' Rights Act 2026

Private landlords in England can no longer rely on the Section 21 “no fault” possession procedure to recover their properties. In most cases, landlords will instead need to rely on the Section 8 possession procedure and one or more of the grounds for possession contained in Schedule 2 of the Housing Act 1988, as amended.

Main grounds for possession landlords may now rely on:

The main grounds for possession that private landlords are now likely to utilise are:

1. Ground 1 – the landlord or a family member needs to move into the property
2. Ground 1A – the landlord needs to sell the property
3. Ground 8 – 3 months’ worth of rent arrears
4. Ground 10 – some rent arrears
5. Ground 11 – persistent delay paying rent
6. Ground 12 – breach of tenancy
7. Ground 14 – anti-social behaviour

New possession notice requirements:

A new prescribed form of Notice of Seeking Possession has been introduced and must be used from today.

Where a deposit has been taken, it must be protected and the prescribed information must have been given to the tenant before the landlord can rely on the Section 8 procedure, unless the reason for possession is anti-social behaviour.

Fixed term assured shorthold tenancies:

Any fixed term assured shorthold tenancy agreements have automatically become assured periodic tenancies and tenants can no longer be asked to sign fixed term agreements.

Instead, tenants will need to give two months’ notice to quit to terminate their periodic tenancy agreement. If their existing tenancy agreement allows for them to only give one month's notice this will prevail. Any tenancy agreement requiring tenants to give more than two months’ notice will not apply.

Written terms and the Information Sheet:

A Written Statement of Terms will need to be included in all new tenancy agreements or be provided as a separate document. The Information Sheet also needs to be provided to all existing tenants by 31 May 2026.

Pet requests:

If a tenant asks for a pet, the landlord will no longer be able to apply a blanket no-pets policy.

A request cannot be unreasonably refused and there are strict timescales and requirements when dealing with and responding to the request.

Rent in advance:

Rent in advance can no longer be requested or received even if the tenant asks to pay the rent in this way.

Rent increases:

Landlords and tenants can no longer just agree rent increases.

From today, if the rent is not increased using the new prescribed rent increase notice, giving tenants two months’ notice, then the rent will not have increased, even if the tenant agrees and pays it.

If you are a landlord and you need any assistance navigating this new landscape please contact Sarah Savage: sarahsavage@bexleybeaumont.com  |  07825 554148