The Renters’ Rights Act 2025 has changed the rules for many private landlords in England. The main tenancy reforms came into effect on 1 May 2026, including the end of Section 21 “no fault” evictions for most private rented sector tenancies and the move to assured periodic tenancies. GOV.UK confirms that, from 1 May 2026, landlords can no longer use Section 21 of the Housing Act 1988 to seek possession of their property.
However, the Act does not apply in the same way to every type of letting. Existing assured shorthold tenancies, lodgers, student lets, social housing, Scottish tenancies and commercial property all need to be considered carefully.
This FAQ explains where the Renters’ Rights Act is likely to apply, where it usually will not apply, and what landlords should check before serving notice or starting possession proceedings.
Need to regain possession?
Since 1 May 2026, private landlords in England generally need to use a valid Section 8 ground for possession. If you are unsure which ground applies, or whether your paperwork is compliant, Possession Proceedings can help with Section 8 notices, possession claims and landlord compliance checks.
Quick answer: who does the Renters’ Rights Act apply to?
In broad terms, the main tenancy reforms apply to private rented sector tenancies in England where the tenant has an assured tenancy or previously had an assured shorthold tenancy.
The government’s Renters’ Rights Act Information Sheet says the changes affect tenants in the private rented sector with an assured or assured shorthold tenancy. It also says that if someone lives in social housing, or is a lodger, the new rules will not usually apply to them.
That means the answer depends on several factors, including the type of tenancy or licence, whether the property is in England, Scotland, Wales or Northern Ireland, whether the landlord is a private landlord or social landlord, and whether the property is residential, commercial, mixed-use, student accommodation or social housing.
If you are a landlord and you need possession, it is worth checking the tenancy status before serving notice. Using the wrong notice or relying on the wrong possession route can cause delay and may mean starting again.
When does the Renters’ Rights Act come into force?
The main private rented sector tenancy reforms came into force in England on 1 May 2026. GOV.UK’s landlord overview says the Renters’ Rights Act changes came into effect on that date and apply to England.
From 1 May 2026, Section 21 was abolished for most private rented sector tenancies, and landlords must use Section 8 grounds if they want to recover possession of a property. GOV.UK says that, since 1 May 2026, landlords can only give a tenant a notice under Section 8 of the Housing Act 1988 to end the tenancy.
Not every part of the Act came into force at the same time. The government’s implementation roadmap says Phase 2 will begin from late 2026 with the rollout of the Private Rented Sector Database and the development of the PRS Landlord Ombudsman. Mandatory landlord membership of the Ombudsman scheme is expected in 2028. Phase 3 will deal with Awaab’s Law and a Decent Homes Standard for the private rented sector, with timings still subject to consultation. The government has consulted on bringing the Decent Homes Standard into force in either 2035 or 2037.
For landlords, the practical point is simple: if you are dealing with an English private rented sector assured tenancy now, you should assume the new possession and tenancy rules apply unless there is a specific exception.
Will the Renters’ Rights Act apply to existing tenancies?
Yes, in most cases it will apply to existing private rented sector assured shorthold tenancies in England.
The reforms were designed to move existing and new assured tenancies into a simpler periodic tenancy structure. The government’s roadmap says the new tenancy regime applies to both new and existing tenancies, and the Information Sheet says assured shorthold tenancies are abolished from 1 May 2026, with tenancies previously called assured shorthold tenancies automatically becoming assured periodic tenancies instead.
This means an existing fixed-term AST did not simply continue under the old rules after 1 May 2026. If the tenancy is within the scope of the Act, it generally moved into the new regime automatically. However, if a valid Section 8 or Section 21 notice was served before 1 May 2026, transitional rules may mean the changes did not apply to that tenancy on 1 May 2026.
Landlords do not usually need to issue a completely new written tenancy agreement just because the law has changed. GOV.UK says the legislation does not require landlords to change or re-issue an existing written tenancy agreement.
However, landlords do need to be aware of the Information Sheet requirement.
Do landlords need to give tenants the Renters’ Rights Act Information Sheet?
Yes, in many existing private tenancies.
GOV.UK says landlords and agents must give the official Renters’ Rights Act Information Sheet to tenants where the tenancy is an assured or assured shorthold tenancy, was created before 1 May 2026, and has a wholly or partly written record of terms, including a written tenancy agreement. The Information Sheet had to be given by 31 May 2026, or the landlord could face a civil penalty of up to £7,000.
The rules on how it must be provided are specific. GOV.UK says the Information Sheet is only valid when downloaded from the official GOV.UK page, landlords must give the exact PDF found on that page, and it must be given either as a printed hard copy or as the PDF attachment to an email or text message. Sending only a link to the PDF is not valid.
If the tenancy is entirely verbal and was made before 1 May 2026, landlords cannot give the Information Sheet instead. GOV.UK says they must provide certain written information about the key terms of the tenancy.
A continuing or repeat breach can become more serious. GOV.UK enforcement guidance says that, where a civil penalty has already been imposed for certain landlord duties under assured tenancies and the conduct continues for more than 28 days, the landlord may commit an offence and be liable to prosecution or a civil penalty of up to £40,000. Repeat breaches within the relevant period can also lead to escalation.
Landlord takeaway
Before serving notice, landlords should check whether the Information Sheet requirement applies and whether it has been complied with. This should be part of a wider compliance review covering the tenancy agreement, deposit protection, prescribed information, safety documents and the correct possession ground.
Possession Proceedings can help landlords check their paperwork before notice is served. This can reduce the risk of delay caused by a defective notice or missing compliance documents.
Does the Renters’ Rights Act apply in Scotland?
The main tenancy and possession reforms discussed in this article apply to England, not Scotland.
GOV.UK’s repossession guidance is for private landlords in England. The same guidance says separate possession action guidance has been published for Scotland, Wales and Northern Ireland.
Scotland has its own residential tenancy system, so landlords should not use the English Section 8 possession process for Scottish property.
That said, the Renters’ Rights Act does have a limited Scottish effect. Scottish Government guidance says the Act introduced new rental discrimination rules in Scotland from 1 May 2026. These rules relate to unfair treatment in private rented housing because a person has children or receives benefits. They do not import the English Section 8 possession regime into Scotland.
Landlord takeaway
If your property is in Scotland, do not rely on English Renters’ Rights Act possession guidance. You should take Scotland-specific advice.
If your property is in England, the main private rented sector reforms are likely to apply if the tenancy is an assured tenancy or former assured shorthold tenancy.
Does the Renters’ Rights Act apply to social housing?
Not usually from 1 May 2026, but the position depends on the type of social housing and the landlord.
The government’s Information Sheet says that if a person lives in social housing, the new rules will not usually apply to them.
The more detailed social housing guidance explains that, while the Act commenced for private landlords from 1 May 2026, it will only apply in relation to assured tenancies of social housing provided by Private Registered Providers of social housing, known as PRPs, from October 2027. Until then, PRPs must continue to follow the rules that were in place before 1 May 2026 for social housing assured tenancies.
From October 2027, the Renters’ Rights Act will apply to social housing assured tenancies provided by PRPs. This includes assured shorthold tenancies becoming assured periodic tenancies, new assured tenancies being periodic from the start, Section 21 being abolished, and updated possession grounds applying.
There are important exceptions. From 1 May 2026, the changes apply to the private rented sector, including tenancies that are not within the definition of social housing assured tenancies, such as market rent homes. They also apply to assured tenancies of social housing where the landlord is not a PRP. Where PRPs offer non-social housing assured tenancies, those tenancies are affected by the 1 May 2026 changes.
Landlord takeaway
If you are a private landlord letting a normal private rented property, you should not assume the tenancy is “social housing” simply because the tenant receives benefits or was introduced by a council.
If the arrangement involves a housing association, PRP, local authority, supported housing, temporary accommodation or non-market rent arrangement, the tenancy status should be checked carefully before notice is served. PRPs with mixed portfolios should review which properties were affected by the May 2026 changes and which are not affected until October 2027.
Does the Renters’ Rights Act apply to lodgers?
Usually, no.
The government’s Information Sheet says the new rules will not usually apply to lodgers. GOV.UK’s repossession guidance also says it does not cover resident landlords who let to lodgers.
A lodger will often have a licence to occupy rather than an assured tenancy, particularly where the landlord lives in the same property and shares living accommodation with the lodger. That means the process for recovering possession is different from the process for evicting an assured tenant.
Landlord takeaway
Do not rely on the label “lodger” alone. The actual living arrangement matters.
If the occupier has exclusive possession of a self-contained property and the landlord does not live in the same property, the arrangement may not be a lodger arrangement. In that case, the Renters’ Rights Act may apply.
Does the Renters’ Rights Act apply to commercial property?
The main private rented sector tenancy reforms do not apply to a straightforward commercial letting.
GOV.UK’s repossession guidance after 1 May 2026 is for private landlords in England who let property to tenants while living elsewhere. It specifically says the guide does not cover commercial lettings.
This means that a shop, office, warehouse or other purely commercial lease is outside the normal Renters’ Rights Act assured tenancy regime.
Mixed-use cases can be more complicated. For example, a flat above a shop, a property let partly as a home and partly for business use, or a company let with residential occupiers may need closer analysis. The label on the agreement is not always decisive.
Landlord takeaway
If you have a purely commercial lease, the Renters’ Rights Act private rented sector possession reforms are unlikely to be the correct route. If there is a residential element, check the tenancy status before serving notice.
Does the Renters’ Rights Act apply to students?
Yes, it can apply to students who rent from a private landlord, but there are special rules.
The government’s grounds for possession guidance includes Ground 4A for properties rented to students for occupation by new students. Ground 4A is designed for specific student letting circumstances. GOV.UK says it can be used where an HMO is let to full-time students and is needed for a new group of students in line with the academic year between 1 June and 30 September. The landlord must have given advance notice that they intend to use the ground, and must give 4 months’ notice before applying to court.
Ground 4A is not a general right to remove any student tenant. It does not apply to every student letting. The rules should be checked carefully, especially where the property is purpose-built student accommodation, a non-HMO, a single let, or where the required advance notice was not given.
There is also a temporary transitional rule for the end of the 2025/26 academic year. The government Information Sheet says a landlord can serve notice between 1 May and 30 July 2026 inclusive, with at least 2 months’ notice, where Ground 4A is otherwise available.
Landlord takeaway
Student landlords should not assume that a student tenancy can simply end at the end of the academic year.
If the tenancy is within the Renters’ Rights Act regime, the landlord will need to rely on a valid possession ground and comply with the correct notice requirements.
Before relying on Ground 4A, a student landlord should check:
- whether the tenants are full-time students;
- whether the property is an HMO;
- whether the property is needed for a new group of students in line with the academic year;
- whether the tenancy was agreed more than 6 months before the tenancy started;
- whether the required prior written notice was given;
- whether the correct notice period is being used;
- whether the evidence will satisfy the court if the tenant does not leave.
This is an area where getting the paperwork wrong can create significant delay.
Can landlords still evict tenants under the Renters’ Rights Act?
Yes, but landlords generally need a valid legal reason.
Before the Renters’ Rights Act reforms, many landlords used Section 21 to regain possession without giving a reason. Since 1 May 2026, landlords can no longer use Section 21 of the Housing Act 1988 to seek possession of their property. GOV.UK says landlords must instead use Section 8 and rely on a ground for possession.
The tenant does not have to leave simply because a notice has been served. If the tenant does not leave by the date in the notice, the landlord will need to apply to the court for a possession order.
Common reasons for seeking possession may include rent arrears, antisocial behaviour, breach of tenancy, selling the property, or the landlord or a close family member needing to move in. The correct ground, evidence and notice period will depend on the facts.
Need to evict a tenant after the Renters’ Rights Act?
Possession Proceedings can help identify the correct Section 8 ground, prepare the notice and assist with the possession claim if the tenant does not leave.
What if a Section 21 notice was served before 1 May 2026?
Some landlords may still be dealing with notices served before the reforms took effect.
GOV.UK says that if a Section 21 notice was given before 1 May 2026, it can only be used to start court proceedings up to and including whichever date comes first:
- the time left on the notice; or
- 31 July 2026.
This may shorten the period shown on the notice or form. Landlords should check the exact expiry and validity position before issuing a claim. GOV.UK also says that if the earliest date that possession proceedings can begin in the notice is on or after 1 August 2026, the notice will be invalid for issuing possession proceedings.
For example, a landlord who served a valid Section 21 notice shortly before 1 May 2026 may not be able to rely on the usual time limit if the 31 July 2026 long-stop date comes first.
Different transitional time limits apply to Section 8 notices served before 1 May 2026. GOV.UK says those notices can only be used to start court proceedings up to whichever comes first: 12 months after the notice was given, or 3 months beginning on 1 May 2026. There are additional rules where the tenant is in a breathing space for certain rent arrears grounds.
This is a high-risk area. If you are relying on an old Section 21 or Section 8 notice, check the dates, validity requirements and supporting paperwork before issuing a claim.
Old Section 21 notice?
We can review whether your notice route is still available or whether you now need to use Section 8 instead.
What should landlords check before serving notice?
Before serving a Section 8 notice or starting a possession claim, landlords should check the basics carefully.
GOV.UK says a Section 8 notice must use Form 3A, or a form substantially to the same effect, include the right amount of notice, and set out the substance of the ground relied on and the reasons why the landlord believes that ground applies. GOV.UK also warns that a possession claim could be dismissed or delayed if the notice is incomplete or inaccurate.
For most possession grounds, landlords will need to show that any tenancy deposit was protected in a government-approved scheme, that the scheme requirements were complied with, and that the tenant received the prescribed information. A court may also be able to make a possession order if the deposit has been returned or the deposit issue has already been resolved through the court. These deposit restrictions do not apply to Grounds 7A or 14 for antisocial behaviour.
A sensible pre-notice checklist includes:
- tenancy type and start date;
- whether the Renters’ Rights Act applies;
- whether the occupier is a private tenant, lodger, student, social housing tenant or commercial occupier;
- whether the official Information Sheet has been provided correctly, where required;
- deposit protection and prescribed information;
- gas safety, EPC and other compliance documents;
- the correct Section 8 ground or grounds;
- the correct Form 3A;
- the correct notice period;
- evidence needed for court;
- whether prior notice was required for the ground being used.
Need help before serving notice?
Possession Proceedings can review your documents, help identify the correct route and prepare the notice. A compliance check before you act can reduce the risk of a defective notice, delay or dismissed claim.
Final word for landlords
The Renters’ Rights Act applies to many existing private tenancies in England, but not every letting is covered in the same way.
As a simple rule:
- existing private ASTs in England are usually within the new regime;
- lodgers are usually outside it;
- straightforward commercial property is outside it;
- Scottish property needs Scotland-specific advice;
- social housing has separate timing and rules, with October 2027 being the key date for PRP social housing assured tenancies;
- student lets can be covered, but special possession rules may apply.
If you need your property back, the key question is no longer:
“Can I serve Section 21?”
In most cases, the better question is:
“Which Section 8 ground applies, what notice period is required, and is my evidence strong enough for court?”
Possession Proceedings assists landlords with Section 8 eviction notices, possession claims, warrants of possession and rent arrears recovery. If you are unsure which route applies, get advice before serving notice.
Disclaimer: This article is for general information only and is not legal advice. The correct route will depend on the tenancy, the property, the landlord, the occupier’s status and the reason possession is required. Landlords should take advice before serving notice or starting possession proceedings
