Skip to main content

Atalaw Solicitors

Section 21 “no-fault” evictions have now ended for private rented homes in England. The main tenancy reforms under the Renters’ Rights Act 2025 started on 1 May 2026, bringing the biggest practical change to landlord and tenant law since the Housing Act 1988.

For London landlords, the way you manage tenancies, increase rent and recover possession has changed significantly. For tenants, security of tenure is stronger. A landlord can no longer end a private assured shorthold tenancy simply because the fixed term has ended or because they want possession without giving a reason.

That does not mean landlords can never recover their property. It means possession now has to be based on a valid Section 8 ground, proper evidence and the correct form.

What Changed On 1 May 2026?

Most Private Tenancies Are Now Periodic

From 1 May 2026, most existing private assured shorthold tenancies converted into assured periodic tenancies. New private assured tenancies created from that date also operate on a periodic basis.

In practical terms, the old fixed-term structure has gone for most private renters in England. The 12-month fixed term, six-month break clause and end-of-term Section 21 route no longer work in the way landlords and agents were used to.

There are still important exceptions. The reforms do not usually apply to lodgers, holiday lets, licences to occupy or most social housing tenancies at this stage. Private Registered Providers of social housing are due to move onto the new system later.

Section 21 Is No Longer Available

Landlords cannot serve a new Section 21 notice for private rented properties from 1 May 2026. If a landlord serves one now, it will not be a valid route to possession.

This is the central change. Landlords must now rely on Section 8 and prove that a legal ground for possession applies. Tenants no longer have to leave simply because a landlord wants the property back without giving a reason.

Our earlier post on Section 21 abolition proposals explains the background, and our plain English Section 21 primer sets out how the old system worked before the change.

Old Section 21 Notices: The Transitional Rules

A Section 21 notice served before 1 May 2026 may still matter, but only within strict limits.

If a landlord served a valid Section 21 notice before 1 May 2026 and it had not expired immediately before that date, possession proceedings must be started by the earlier of the notice deadline or 31 July 2026. After that, the Section 21 route falls away and the landlord must use the new Section 8 regime.

If you are a landlord with an old notice in play, check the date carefully. Missing the deadline means you cannot simply rely on that notice later.

How Landlords Can Now End A Tenancy

From 1 May 2026, landlords seeking possession must serve a Section 8 notice on the prescribed Form 3A and cite one or more legal grounds.

If the tenant does not leave after the notice period expires, the landlord must apply to court and prove the ground applies. The court process is now central to most possession cases.

Rent Arrears: Ground 8

Ground 8 remains a mandatory rent arrears ground, but the threshold is now higher. For most monthly tenancies, the tenant must owe at least 3 months’ rent both when the notice is served and at the possession hearing. If rent is paid weekly or fortnightly, the threshold is 13 weeks’ arrears.

This is a major practical change. Under the old rules, the threshold was 2 months. Landlords now need tighter arrears monitoring and better evidence. If the tenant reduces the arrears below the threshold before the hearing, Ground 8 may fail and the landlord may need to rely on discretionary grounds instead.

Our strengthened Section 8 grounds blog post explains the new arrears position in more detail.

Persistent Arrears

Landlords can still rely on discretionary grounds where a tenant has repeatedly delayed paying rent or owes some rent but does not meet the mandatory Ground 8 threshold. These claims are more evidence-heavy because the court has discretion.

Payment schedules, rent statements, warning letters, bank records and correspondence all matter. The stronger your record keeping, the better your position if the case is contested.

Landlord Or Family Occupation: Ground 1

Ground 1 allows a landlord to seek possession where the landlord or a close family member genuinely intends to live in the property.

This ground cannot be used to bring the tenancy to an end during the first 12 months. It also requires 4 months’ notice. The landlord must be able to prove the genuine intention to occupy.

Intention To Sell: Ground 1A

Ground 1A allows a landlord to seek possession where they genuinely intend to sell the property. It also carries a 4-month notice period and cannot bring the tenancy to an end during the first 12 months.

This ground should not be used casually. Once a landlord relies on Ground 1A, restrictions apply on re-letting or marketing the property for rent during the restricted period. This includes short-term licence arrangements such as Airbnb-style occupation. Misuse of the ground can lead to enforcement action.

All Section 8 notices for private tenancies must be served using Form 3A. Using the wrong form or the wrong ground can invalidate the notice and force you to start again. Our eviction notice solicitors can help ensure the process is handled properly from the start.

For a wider overview, our guide to notice periods under the reformed possession regime is essential reading.

Rent Increases Now Use Section 13

Contractual rent review clauses can no longer be used for private assured tenancies in the same way. Landlords must use the statutory Section 13 process every time they increase rent.

That means using Form 4A and giving at least 2 months’ notice. Rent can normally only be increased once per year. Tenants can challenge a proposed increase at the First-tier Tribunal if they believe it is above the open market rent.

If you have previously relied on a rent review clause in a tenancy agreement, review your process now. Using the wrong route can create disputes and delay.

The Renters’ Rights Act Information Sheet

Most landlords and letting agents had to provide existing private tenants with the official Renters’ Rights Act Information Sheet 2026 by 31 May 2026. This applied where the tenancy existed before 1 May 2026 and there was already a written tenancy agreement.

The deadline has passed, but the obligation remains important. Failure to provide the information sheet can lead to a financial penalty of up to £7,000. Landlords should keep evidence of service, whether by email, post or hand delivery.

Tenants Can Leave On 2 Months’ Notice

Tenants can end a tenancy by giving at least 2 months’ notice, with the end date aligned to the end of a rent period. This gives tenants more flexibility than the old fixed-term model.

For landlords, this means portfolio planning needs to be more active. You may no longer be able to rely on a tenant being tied in for a fixed term in the same way.

Pets, Repairs And Tenant Protections

Tenants now have strengthened rights to request permission to keep a pet. Landlords must consider requests properly and cannot unreasonably refuse. Our article on pets, deposits, and rent-related reforms explains what this means for tenancy agreements.

Tenants also have more confidence to report disrepair without fear of a retaliatory Section 21 notice. If you are living with unresolved repair issues, our housing disrepair services in London can help you understand your rights.

Security of tenure is stronger, but it is not immunity from eviction. Rent arrears, anti-social behaviour, breach of tenancy, sale, occupation and other statutory grounds still matter. If you receive a Section 8 notice, take advice from landlord solicitors in London quickly.

Our post on tenancy types and what the move to periodic tenancies means gives helpful wider context.

What London Landlords Should Do Now

Landlords should urgently review their paperwork and processes. Check that the information sheet was served. Review tenancy agreements. Update rent increase procedures. Make sure Form 3A is used for any future possession notice. Keep better arrears records. Check whether any pre-1 May 2026 Section 21 notice is still usable before the 31 July 2026 long-stop date.

For rent arrears, our business debt recovery solicitors can advise on recovery alongside possession strategy. Where matters are contested, our civil litigation team can help you decide the right route.

Frequently Asked Questions

Can I Still Rely On A Section 21 Notice I Served In April 2026?

Yes, but only if it was valid before 1 May 2026 and you issue possession proceedings by the earlier of the notice deadline or 31 July 2026. After that, you must use Section 8.

My Tenant’s Fixed Term Ended After 1 May 2026 — What Happens?

The tenancy has become an assured periodic tenancy under the new regime. You cannot end it simply because the fixed term has expired. You need a valid Section 8 ground.

Does The Renters’ Rights Act Apply To My Properties In Scotland Or Wales?

No. These reforms apply to England. Scotland and Wales have separate rental frameworks.

Can I Still Agree A Shorter Tenancy With A Tenant Who Only Wants To Stay 6 Months?

You cannot create a fixed-term private assured tenancy in the old way. However, a tenant can give 2 months’ notice to end the tenancy, with the end date aligned to the rent period.

As A Tenant, What Should I Do If My Landlord Serves A Section 21 Notice Now?

A Section 21 notice served on or after 1 May 2026 is not a valid notice for a private assured tenancy. Do not ignore it, but take legal advice promptly.

Get Clear Advice On The New Rules

Whether you are a landlord trying to understand your new obligations or a tenant who has received a notice, the Renters’ Rights Act 2025 has changed the landscape. Getting advice early is now more important than ever.

At Atalaw Solicitors, we are a trusted team of london solicitors with over 20 years’ experience in landlord and tenant law. We advise both landlords and tenants on the new regime and provide clear, practical guidance from the first conversation.

Contact us today — the rules have changed, and we are here to help you stay on the right side of them.

Atalaw Solicitors
Privacy Overview

This website uses cookies so that we can provide you with the best user experience possible. Cookie information is stored in your browser and performs functions such as recognising you when you return to our website and helping our team to understand which sections of the website you find most interesting and useful. For further information click here.