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Phases of the Renters Rights Act 2026
The Renters’ Rights Act received Royal Assent on 27 October 2025. It aims to be implemented in three different phases. The overall objective of each phase is to strengthen security of tenure, improve housing quality, and simplify the tenancy process for both tenants and landlords.
Phase 1: 1 May 2026
Phase 1 of the Renters’ Rights Act focuses on tenancy reform, reviewing existing laws and amending them in the hope of achieving better outcomes.
The main and most widely discussed change in this phase is the abolition of Section 21, also known as a “no-fault” eviction notice. This has been replaced by the existing Section 8 notice, which requires specific grounds to be met in order to be served. There have also been several changes to both the grounds and the notice periods required.
In addition, the phase states that only one rent increase per year is permitted. This must be served via a Section 13 notice (Form 4A) with a minimum of two months’ notice. This measure helps tenants avoid rent arrears and provides greater certainty when renting. Furthermore, any rent increase must not exceed the market rate, and if it is considered unfair, tenants have the right to challenge it through a tribunal.
Rental bidding and the practice of requesting rent in advance have also been abolished. This reduces competition within the Private Rented Sector (PRS) and provides a more equal financial opportunity for all applicants.
The phase also seeks to ban discrimination against tenants with children, those receiving benefits, or those with pets. This gives more people the opportunity to rent and includes the right to request a pet, at the landlord’s discretion. If refused, the landlord must provide a valid reason.Additionally, all tenancy agreements will become periodic. Fixed-term tenancies will no longer exist after 1 May 2026. Finally, this phase strengthens enforcement powers and rent repayment orders.
Phase 2: From late 2026
This phase has not yet been implemented. However, some elements are confirmed while others are anticipated. Regarding the PRS database, it is confirmed that it will be rolled out regionally from late 2026. Every landlord will be required to register all assured and regulated tenancies. The database will provide transparency for tenants, although the exact details of what will be displayed are not yet known. It is expected that information such as banning orders may be included.
It is vital that landlords register on this database, as those who fail to do so will be unable to obtain possession orders (except in cases of anti-social behaviour). Non-compliance may result in enforcement action by local councils, including civil penalties of up to £40,000 or prosecution. A small fee for using the database is also expected.
There are two types of civil penalties: breaches and offences.
Breaches include:
- Advertising a property without stating the rent
- Rental discrimination
- Using a prior notice ground without having given prior notice
Breaches carry a maximum penalty of £7,000.
Offences, on the other hand, include:
- Using a Section 8 ground when a possession order could not legally be granted
- Committing a breach within five years of a relevant breach or offence that resulted in a civil penalty or prosecution
Offences carry a maximum penalty of £40,000.
This phase also introduces the use of Section 8 under Grounds 4 and 4A for student accommodation. These grounds apply to private landlords who let properties to students on a yearly cycle. The conditions for serving a Section 8 notice are as follows:
- Tenants are, or will be, full-time students
- The property is an HMO occupied entirely by students
- Prior notice has been provided
- The notice requires tenants to leave between 1 June and 30 September
- The landlord intends to re-let to another group of students
- The tenancy was not entered into more than six months before the start date
This phase also expands Rent Repayment Orders (RROs). An RRO allows tenants and councils to reclaim up to two years of rent or housing benefit from a landlord who has committed a relevant offence. This has been increased from 12 months.
Phase 3: TBC
Phase 3 focuses on improving property conditions. It has not yet been implemented, but the Government has confirmed that further details on the timeline will be provided.
Key proposals include:
- The Decent Homes Standard (DHS): extending minimum property condition standards to the Private Rented Sector, with enforcement by local councils. This is proposed for implementation in 2035 or 2037.
- Increasing EPC requirements from an E rating to a C rating. The current proposed implementation date is 1 October 2030.
- Extending Awaab’s Law to the PRS, incorporating it into tenancy agreements.
- A review of the Housing Health and Safety Rating System (HHSRS), including updates to how councils assess hazards such as damp, mould, fire, and electrical risks. This is expected to be implemented in 2026.
Overall, these changes must be kept on top of by both Landlord and Tenants to ensure all legislation is being followed and used correctly.
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