The introduction of the Renters’ Rights Act marks a major milestone in strengthening tenant protections within the private rented sector (PRS). The legislation enhances tenants’ rights and encourages higher housing standards. For local authorities, it presents both opportunities and challenges: how to enforce these new rights effectively while maintaining a constructive relationship with landlords, who remain vital providers of decent and affordable rented homes. 

The act received royal assent last autumn and fundamentally redefines the landlord–tenant relationship by abolishing section 21 ‘no fault’ evictions from the Housing Act 1988. This is achieved by removing sections 19A to 23, thereby ending the assured shorthold tenancy (AST) regime from 1 May 2026. From that date, all PRS tenancies will automatically convert to monthly assured periodic tenancies under section 4A, closely resembling assured secure periodic agreements. This will become the standard tenancy contract moving forward. All tenancies must be periodic, with rental periods no longer than 28 days or one calendar month. Fixed-term and quarterly rents are prohibited. 

In addition, the act introduces new rules governing transparent marketing practices, advance rent payments and rent increases. Section 8 grounds for possession have also been amended and extended. 

New responsibilities for local authorities 

For local authorities, the act creates significant new responsibilities backed by enhanced enforcement powers. The framework targets landlord behaviours, some of which are criminal offences subject to prosecution or liable to civil penalties up to £40,000. Other breaches constitute civil wrongs, with meaningful fines of up to £7,000. Authorities must develop clear policies to guide enforcement decisions and identify appropriate sanction routes for each case, all while balancing the competing priority of reducing homelessness and temporary accommodation costs. 

Investigatory powers, effective since December 2025, bolster enforcement capacity. Officers can demand information from landlords, agents or other relevant parties, and failure to comply (without reasonable excuse) constitutes an offence. These powers include entry to business premises such as letting agencies and the ability to seize documents, take photographs and make recordings. Routine inspections generally require 24 hours’ notice unless the occupier has agreed to waive this right, and where access is denied and evidence is at risk, warrants may be granted. Officers may also enter residential premises to investigate suspected illegal evictions under the Protection from Eviction Act 1977. 

Key tenancy reforms 

From 1 May 2026, no new ASTs can be created. All existing ASTs will automatically convert to new periodic assured tenancies, subject to transitional regulations. With section 21 evictions abolished, landlords must rely entirely on section 8 grounds for possession. 

For instance, a tenant who signed a 12-month AST earlier in the year will have the right to terminate with 2 months’ notice from 1 May 2026, regardless of the original fixed term remaining. In such cases, landlords lose section 21 eviction rights and must prove statutory grounds under section 8 to regain possession. This represents a major shift in control for landlords and delivers unprecedented security and flexibility for tenants, a central aim of the legislation and something that housing advice teams will quickly need to get up to speed on. 

Amendments to section 8 grounds 

The act restructures Schedule 2 of the Housing Act 1988 by dividing possession grounds into two categories: 

• Mandatory grounds, where courts must grant possession if proven, and 

• Discretionary grounds, where courts retain discretion even if grounds are established. 
  
  

Among immediate changes, Ground 1 has been expanded to include occupancy by wider family members, and a new Ground 1A addresses situations where the landlord genuinely intends to sell the property.  

A 12-month marketing restriction related to Grounds 1 and 1A prohibits re-letting or re-marketing a property within 12 months of possession obtained under these grounds. Breaching this restriction is an offence punishable by fines of up to £40,000. This restriction covers all marketing activities, including online advertising and instructing agents. 

Notice periods have been extended: Ground 1 requires 4 months’ notice, and other Ground 8 require 4 weeks instead of 2 weeks. 

Rental increases and bidding restrictions 

Contractual rent review clauses will be void from 1 May 2026. Landlords may only increase rent by issuing a section 13 notice, which requires 2 months’ written notice and limits rent increases to once per 12-month period after the first 52 weeks of a tenancy. 

Upward rental bidding is banned entirely from 1 May 2026. Accepting offers above the advertised rent (a specific amount) will be considered a breach, enforceable by penalties of up to £40,000. 

Transparency for tenants 

Landlords must provide all existing tenants with prescribed information about these changes by 31 May 2026. This requirement applies to all tenancies, not just new agreements. A government-published template, expected in March, will help landlords comply. Failure to deliver this information accurately and on time may result in penalties. 

Being prepared: Challenges and opportunities 

Local authorities face a critical opportunity to educate landlords and agents and to identify early enforcement prospects. Running focused landlord education campaigns over the coming months can clarify legal obligations and the consequences of non-compliance. 

Authorities should notify landlords through established communication channels and prepare to respond to non-compliance. Developing clear strategies to manage tenant complaints will also be essential. 

Immediate priorities include establishing clear enforcement policies and procedures, training homelessness and PRS teams and training authorised officers on serving notices, entering premises, seizing evidence, applying for warrants, investigating breaches and offences and issuing civil penalties. RIAMS Libraries can support local authorities with clear and robust procedures and templates. 

Many landlords currently fall into discriminatory practices, such as ‘No DSS’ or ‘No children’ criteria, which will attract penalties up to £40,000 from May. Some landlords will be blissfully ignorant of these changes, and local authorities must raise awareness that such terms are illegal and that mortgage conditions restricting benefit claimants from renting will no longer be enforceable.  

Tenant advice services must prepare to support tenants in understanding their new rights, especially concerning tenancy termination and the end of section 21 reliance. They will also need to provide guidance on tenants’ rights to request pets and contest rent increases without retrospective penalties. 

Post-May, local authorities should monitor compliance with information deadlines starting in June and track complaints. Building or updating landlord and property databases from local authority records and tenancy deposit schemes will be critical to support enforcement. This data will also inform the enforcement of the PRS database, plus future ombudsman membership schemes as they are introduced. 

Conclusion 

The Renters’ Rights Act represents a fundamental transformation of the English PRS. For local authorities, success requires immediate action: implementing officer authorisation systems, training, developing comprehensive financial penalty policies before May 2026 and launching robust landlord education campaigns to proactively prevent breaches and promote a safe and sustainable PRS. 

A transparent, fair, and well-communicated enforcement strategy is vital to protect tenants while providing clarity to landlords navigating a rapidly changing legal landscape. Balancing clear enforcement with education will help prevent landlords from unnecessarily exiting the market, which would harm renters. Proactive and local support for renters beyond the central government campaign is also critical. The absence of clear communication and support is likely to result in confusion, perhaps even damaging the rental market rather than supporting its growth.