The landmark ban on “no fault” evictions, a central tenet of the Labour government’s Renters’ Rights Act, has taken effect, fundamentally reshaping the relationship between landlords and tenants and placing new burdens on property owners already navigating a punishing market.
The changes, rolled out primarily from 1 May 2026, abolish Section 21 of the 1988 Housing Act, meaning landlords can no longer evict tenants without a legally valid reason. Instead, all possession claims must now be pursued under a reformed Section 8 process, which requires specific grounds – such as anti-social behaviour or at least three months’ rent arrears – and places the burden of proof firmly on the landlord.
What the act means for landlords
The Renters’ Rights Act, described by the government as a flagship policy to rebalance power in the private rental market, has been implemented in phases. Alongside the Section 21 ban, all existing assured shorthold tenancies automatically converted to rolling periodic contracts, removing fixed end dates. Rent increases are now limited to once a year, with a minimum of two months’ notice, and rent review clauses in older agreements are no longer valid. A ban on rental bidding means properties must be advertised at a set rent, with landlords barred from accepting higher offers. Caps on rent in advance limit payments to one month’s rent after the tenancy is signed. Tenants can also request to keep a pet, and landlords must respond within 28 days and cannot unreasonably refuse. It is now illegal to refuse a tenancy to someone receiving benefits or with children under 18.
These protections come against a backdrop of years of rising costs for the buy-to-let sector, including increases to the second home stamp duty surcharge and the slashing of tax relief on mortgage interest. The National Residential Landlords Association (NRLA) has accepted the end of Section 21, provided an effective replacement system is in place, but has expressed concern that poorly managed changes could hit investor confidence and reduce rental supply. Tenant advocacy group Generation Rent has meanwhile warned that landlords quitting the market is a significant driver of homelessness, underlining the need for responsible landlords to stay.
Navigating the new Section 8 landscape
With Section 21 removed, the Section 8 eviction process is now the only route for landlords seeking possession – and it carries risks. Tenants can be evicted on grounds such as anti-social behaviour or rent arrears of at least three months, but if a tenant disputes the claim, the case can go to court. That can leave landlords facing extended periods without rent and significant legal costs.
Chris Norris, chief policy officer at the NRLA, said: “With Section 8 possession routes likely to be slower and costlier, cover that pays out for unpaid rent and the legal costs of regaining possession can be the difference between a manageable setback and a serious financial hit.”
One of the key protections he recommends is rent guarantee insurance. This typically covers lost rental income for between six and twelve months – and sometimes up to 24 months – and often includes legal costs related to eviction, with some policies covering up to £100,000. Premiums vary according to property type, size, location, the level of cover, the excess, and the insurer’s assessment of the tenant’s default risk. Landlords must follow correct arrears procedures and keep thorough records of missed payments to make a successful claim. An alternative, or additional, safeguard is to ask a prospective tenant to provide a guarantor – ideally a UK homeowner whose income is at least three times the annual rent.
Given the increased difficulty of removing a non-paying tenant, upfront vetting has become critical. Fixed-term tenancies have been replaced by rolling contracts, making it harder to end a tenancy that goes sour. Landlords must now place far greater emphasis on thorough referencing and affordability checks before a tenancy begins.
Sim Sekhon, group chief executive of the lettings platform Propoly, said: “Landlords and letting agents will need to place far greater focus on upfront due diligence, particularly around affordability, income verification, previous tenancy conduct and overall risk profiling before a tenancy begins.”
Landlords can carry out checks themselves or use a professional referencing agency, which typically costs between £15 and £40 per tenant. Self-referencing can involve an initial phone or video call, a credit check, a review of bank statements, and references from an employer and previous landlord. The common affordability benchmark is that a tenant’s income should be 2.5 to 3 times the annual rent; for a guarantor, the figure is three times. Right to rent checks remain a legal requirement in England for all occupants over 18. Landlords must keep clear records of all checks and apply criteria consistently to avoid any risk of discrimination claims.
Pet policies also require careful attention. Under the new law, landlords cannot unreasonably reject a tenant’s request for a pet. Siân Hemming-Metcalfe, operations director at Property Inspect, said a well-drafted pet policy in the tenancy agreement can set expectations around cleaning, flea treatment, nuisance behaviour and how any pet-related damage will be managed. She recommended adding pet damage cover to existing landlord insurance and compiling a detailed inventory, agreed with the tenant at move-in, to establish the condition of walls, floors, contents and appliances. This inventory can be crucial if disputes arise later over alleged damage.
Compliance, record keeping and the rise of Awaab’s Law
Successful Section 8 claims depend on strong evidence, making detailed record keeping a core part of a landlord’s legal armoury. Hemming-Metcalfe stressed: “Maintain thorough inspection reports with photographic evidence, accurate maintenance records, rent payment histories and clear logs of tenant communication throughout the tenancy. Evidence of issues such as antisocial behaviour complaints or unresolved repair access can also become critical if matters reach court.”
Landlords must also keep on top of property standards and compliance. This includes ensuring Energy Performance Certificates (minimum rating E), gas safety certificates (annual CP12), and electrical installation condition reports (every five years) are valid and up to date. Deposits must be protected through a government-approved scheme, and repair issues must be addressed promptly. Fire safety requires working smoke alarms on every floor and carbon monoxide detectors where applicable. The Homes (Fitness for Human Habitation) Act 2018 already requires properties to be safe and free from hazards.
Beyond these existing duties, the Renters’ Rights Act will extend Awaab’s Law to the private rented sector, although this part has not yet taken effect. Named after Awaab Ishak, the law currently applies only to social housing and sets strict timeframes for landlords to investigate and fix serious damp, mould and emergency hazards. For significant hazards, investigation within ten working days and repair within five working days of confirmation are anticipated; emergency hazards would require a response within 24 hours. Landlords should prepare for these obligations now.
Hemming-Metcalfe added: “Beyond avoiding fines, compliance will increasingly form part of a landlord’s ability to successfully pursue possession claims. In practice, maintaining accurate property records, inspection evidence and audit trails will become just as important as the physical management of the property itself.”
Record retention is also critical. HMRC requires landlords to keep financial records for at least five years after the end of the relevant tax year; for capital gains, retention should be indefinite. Tenants can bring legal proceedings up to six years after leaving, so proof of any legal action should be preserved. Furthermore, from April 2026, landlords with rental income above £50,000 – and from April 2027 those above £30,000 – must use Making Tax Digital-compatible software for digital record keeping and submit quarterly updates to HMRC.
Finally, landlords must act on a key administrative deadline: by 31 May 2026, they must provide existing tenants with the Government’s official Renters’ Rights Act Information Sheet and supply written terms where no written agreement currently exists. Failure to do so can result in fines. For those who served a Section 21 notice before 1 May 2026, transitional rules may allow the process to continue, but possession proceedings must typically be issued by 31 July 2026.
Looking ahead, Phase 2 of the reforms – expected later in 2026 – will introduce a central Private Rented Sector Database and a mandatory Landlord Ombudsman. Phase 3, scheduled for the mid-2030s, will bring a Decent Homes Standard to private rentals, setting minimum safety and habitability requirements. For now, the immediate reality for landlords is a system that demands far more rigorous upfront work, meticulous ongoing administration and a clear-eyed understanding of the new Section 8 landscape.
