Background
A major shake-up of the private rental sector in England is on the horizon. The Renters’ Rights Bill, introduced in September 2024, is set to deliver one of the most significant reforms to housing law in recent decades. Designed to rebalance the relationship between landlords and tenants, the Bill is expected to come into force between late 2025 and early 2026.
At the heart of the legislation is the abolition of Section 21 notices, often referred to as “no-fault” evictions. The Bill also introduces sweeping changes to tenancy structures, landlord regulation, and tenant protections. Both landlords and tenants should take note of these reforms now to prepare for what lies ahead.
Happy Renters under the new Bill
Major Changes:
No More Section 21 Evictions
Most clients ask what is Section 21 or how do I evict a tenant? Currently, landlords can serve a Section 21 notice to end a tenancy without needing to provide a reason, provided proper notice is given and legal procedures are followed. This method has often been used to regain possession with relative ease, but it has also been heavily criticised for enabling unfair or retaliatory evictions.
Under the Renters’ Rights Bill, Section 21 will be abolished entirely. Landlords will no longer be able to evict tenants without cause. Instead, they must rely on specific legal grounds under Section 8 of the Housing Act 1988. These grounds will include, but are not limited to:
– Serious rent arrears
– Breach of tenancy terms
– Repeated antisocial behaviour
– Intention to sell the property
– Landlord or close family member intending to move in
Importantly, some Section 8 grounds are being updated or expanded under the new framework, so landlords will need to ensure they are fully aware of the revised rules before serving notice.
Periodic Tenancies Only
Another key reform is the move away from fixed-term assured shorthold tenancies (ASTs). Under the new system, all tenancies will become periodic by default. This means that:
– Tenancies will automatically renew on a rolling monthly basis
– There will be no fixed end date unless mutually agreed
– Tenants will have greater flexibility to end the tenancy with appropriate notice
The aim here is to create a more stable and tenant-friendly rental market by removing unnecessary restrictions on when renters can move or stay.
Tenant Protections & Oversight
The Bill goes further by introducing new measures to protect tenants and improve transparency in the rental sector:
- Ban on rent bidding: Landlords and letting agents will be prohibited from encouraging prospective tenants to offer more than the advertised rent in competitive markets.
- Ban on “No DSS” discrimination: It will become unlawful to refuse tenants on the basis that they receive housing benefits or Universal Credit.
- Mandatory landlord registration: All private landlords will need to register with a central portal, creating greater oversight and accountability.
- New private rental ombudsman: A dedicated housing ombudsman will be set up to handle tenant complaints and disputes, offering an alternative to costly and time-consuming court proceedings.
- Rent increase restrictions: Landlords will only be allowed to raise rent once per year, and only in line with market rates. Tenants will have the right to challenge unfair increases.
Impacts & Challenges:
The Renters’ Rights Bill will bring substantial changes for everyone involved in the private rented sector.
- Landlords will need to adjust their approach to possession and tenancy management. The removal of Section 21 means they must now rely on clear legal grounds, supported by evidence, when seeking to regain possession. This requires a strong understanding of the revised Section 8 rules and greater care in documenting tenant breaches or sale intentions.
Landlords will also be required to:
– Register on the new government platform.
– Familiarise themselves with the ombudsman process.
– Ensure their tenancy agreements and notices comply with the updated law.
While these steps may initially add to landlords’ administrative burdens, they are designed to create a more consistent and fair system for all parties.
- Tenants will benefit from increased security of tenure. Without Section 21, renters should no longer fear losing their home without a valid reason. The move to rolling tenancies will also provide more flexibility, making it easier for renters to relocate if their circumstances change.
However, the changes may also lead to practical delays. For example:
– Eviction processes under Section 8 may take longer, especially if contested
– Courts and tribunals could face increased caseloads
– Landlords may become more cautious in tenant selection
Tenants should still ensure that they understand their rights, maintain communication with landlords, and seek advice if issues arise.
Legal System & Enforcement
There is some concern among legal professionals and housing advocates that the courts may struggle to handle the anticipated increase in Section 8 cases. Unlike the straightforward process under Section 21, Section 8 evictions often require hearings and evidence, placing additional strain on the legal system.
The new ombudsman is expected to help alleviate this pressure by resolving many issues outside the courts. However, its effectiveness will depend on adequate funding, authority, and public awareness.
Call to Action:
With the Renters’ Rights Bill set to take effect in the near future, both landlords and tenants must begin preparing now.
Landlords should review their tenancy agreements, update eviction procedures, and ensure they are ready to comply with registration and rent increase rules. Seeking legal advice from Find me a Solicitor legal panel early can help avoid costly disputes later.
Tenants should familiarise themselves with their new rights, especially in relation to notice periods, rent increases, and eviction protections. If in doubt, speak to one of our property solicitors to clarify your legal position.
Whether you’re a landlord adjusting to new compliance requirements or a tenant navigating tenancy changes, professional legal advice can make all the difference. A property solicitor can help you understand your rights, resolve disputes, and ensure any agreements or notices are legally robust under the new framework to answer those difficult questions surrounding: ‘need help with landlord’, eviction process, how to remove a tenant, landlord tenant dispute or even landlord eviction advice.
If you need expert guidance, Find Me A Solicitor can connect you with qualified solicitors who specialise in landlord–tenant and property law. Whether you’re dealing with tenancy reform, eviction proceedings, or compliance concerns, our network of trusted professionals is here to help you navigate the legal landscape with confidence.