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What must private landlords in England do under the new rules?

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Published:

September 30, 2026

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Description

Landlord guide to the Renters' Rights Act 2025 in England: section 8 grounds, evicting for rent arrears, Ground 1A sale, the landlord database and ombudsman.

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September 30, 2026

Information

Short answer

Since 1 May 2026, private landlords in England can no longer use section 21. To recover possession you must serve a section 8 notice on Form 3A, rely on a ground such as rent arrears or sale, and get a court order. You must also give written tenancy terms, protect deposits and raise rent only through Form 4A.

What does the Renters' Rights Act mean for landlords?

The main tenancy reforms in the Renters' Rights Act 2025 came into force on 1 May 2026 and apply to new and existing private tenancies in England.

Existing assured shorthold tenancies became assured periodic tenancies, with no fixed end date. You cannot grant new fixed terms for most private lets.
Section 21 no fault notices can no longer be served. Section 21 notices served earlier could only be used if proceedings were issued by 31 July 2026.
Rent can rise once a year only, using Form 4A with at least two months' notice. Rent review clauses are unenforceable.
You cannot take rent before the tenancy agreement is signed, and then no more than one month's rent (28 days for weekly rent) before the tenancy starts.
You must advertise an asking rent and must not invite or accept offers above it.
You must consider pet requests and reply within 28 days, and cannot unreasonably refuse.
Blanket bans on tenants with children or on benefits are unlawful.

How do you evict a tenant now section 21 has gone?

You must serve a section 8 notice using the prescribed Form 3A. It must set out the ground (or grounds) you rely on and give at least the notice period that ground requires. If the tenant does not leave when the notice ends, you issue a possession claim in the county court using forms N5 and N119. The court fee is currently £415.

For most grounds, the court will not make an order unless your tenant's deposit was protected in an approved scheme with the prescribed information given, or has been returned. Mandatory grounds require the court to order possession if proved. Discretionary grounds require the court to decide it is reasonable. You have 12 months from serving notice to start proceedings, or the notice lapses.

What are the main section 8 grounds and notice periods?

Ground 1, you or close family moving in: four months' notice. Not available in the first 12 months of a tenancy (notice can be served so that it expires after that point).
Ground 1A, selling the property: four months' notice, same 12 month protection. It cannot be used against assured non-shorthold tenancies created before 1 May 2026.
Ground 6, redevelopment: four months' notice.
Ground 8, serious rent arrears (mandatory): four weeks' notice. At least three months' rent (or 13 weeks if rent is weekly or fortnightly) must be owed both when you serve notice and at the hearing.
Grounds 10 and 11, any or persistent arrears (discretionary): four weeks' notice.
Ground 12, other breach of tenancy: two weeks' notice.
Grounds 7A and 14, anti-social behaviour: you can apply to court immediately, but no order can be made until 14 days after notice.

If you obtain possession under Ground 1 or 1A you must not market or re-let the property for 12 months. Misusing grounds can lead to civil penalties and rent repayment orders.

What happens after you get a possession order?

An outright order normally requires the tenant to leave within 14 days, or up to six weeks if the court accepts exceptional hardship. A suspended order lets the tenant stay if they meet conditions, such as paying arrears. The court can add a money judgment for arrears and costs. If the tenant stays after the date in the order, you apply for a warrant of possession (currently £152) and county court bailiffs carry out the eviction after giving at least 14 days' notice. Never change the locks or remove belongings yourself: unlawful eviction and harassment are criminal offences.

What is on a landlord compliance checklist?

Written terms: for tenancies starting on or after 1 May 2026, give the tenant a written statement of the required terms and information before the tenancy is agreed. For existing written tenancies, you had to give the Renters' Rights Act Information Sheet 2026 by 31 May 2026. Failure can mean a fine of up to £7,000.
Deposit: no more than five weeks' rent (six if annual rent is £50,000 or more), protected within 30 days, with prescribed information.
Gas safety: annual check by a Gas Safe engineer, with the record given to the tenant.
Electrical safety: an electrical installation condition report at least every five years.
Alarms: a smoke alarm on each storey and a carbon monoxide alarm in rooms with a fixed combustion appliance (excluding gas cookers).
Energy performance: a valid EPC, normally rated E or above.
Right to rent: immigration status checks on adult occupiers before the tenancy starts.
Repairs: keep the structure, exterior and installations in repair and the home fit for human habitation.
Licensing: check whether your council requires an HMO, additional or selective licence.

When do the landlord database and ombudsman start?

As at 30 September 2026 neither is live. The government has announced that the Private Rented Sector Database will open on 15 December 2026, starting in the West Midlands and rolling out across England region by region, with all landlords letting property expected to be registered by November 2027. Once your area opens you will have a set period to register each property, and you must do it yourself rather than through an agent. Failing to register can lead to civil penalties of up to £7,000, or up to £40,000 for serious or repeated breaches.

Mandatory membership of the new private rented sector landlord ombudsman is expected in 2028. The Decent Homes Standard will apply to private rented homes, with full compliance required by 2035, and Awaab's Law is not yet in force for private landlords.

What are the key deadlines and time limits?

These are the main time limits for private landlords in England:

Grounds 1, 1A and 6: four months' notice. Grounds 1 and 1A cannot be used in the first 12 months.
Rent arrears Grounds 8, 10 and 11: four weeks' notice. Ground 8 needs three months' (or 13 weeks') arrears.
Start court proceedings within 12 months of serving a section 8 notice.
No marketing or re-letting for 12 months after possession under Ground 1 or 1A.
Rent increases: Form 4A, at least two months' notice, once a year.
Deposit protection and prescribed information: within 30 days of receiving it.
Pet requests: reply within 28 days.
Gas safety checks every 12 months, electrical reports every five years.

What should you do next?

Audit each tenancy: confirm tenants have written terms or the Information Sheet, the deposit is protected and your safety certificates are current.
If you need possession, choose the right ground, check any 12 month restriction, and serve Form 3A with the correct notice period. Keep proof of service.
For rent arrears, keep an accurate rent statement and check whether the Ground 8 threshold will be met both at notice and at the hearing.
Use Form 4A for any rent increase and base the figure on comparable local market rents.
Ask Libra to check a notice, a ground or a compliance gap before you act. Libra can also help you draft tenancy documents and letters.
For contested possession claims or disrepair counterclaims, find a lawyer or clinic through Libra.

Frequently asked questions

Can I still use a section 21 notice?

No. New section 21 notices could not be served from 1 May 2026. A notice served before then could only be relied on if possession proceedings were issued by 31 July 2026. You now need a section 8 notice on Form 3A and a ground for possession.

How do I evict a tenant for rent arrears?

Serve Form 3A relying on Ground 8, and usually Grounds 10 and 11 as well, giving four weeks' notice. Ground 8 is mandatory only if at least three months' rent (13 weeks for weekly rent) is owed at notice and at the hearing. Then issue a possession claim if the tenant stays.

Can I evict a tenant because I want to sell?

Yes, under Ground 1A, with four months' notice, but not within the first 12 months of the tenancy. You need a court order if the tenant does not leave, and you cannot market or re-let the property for 12 months after using the ground.

Do I need a new tenancy agreement?

For new tenancies from 1 May 2026, you must give the required written terms before the tenancy is agreed, which is usually done in the tenancy agreement. Existing written tenancies do not need a new agreement, but you had to give tenants the government Information Sheet by 31 May 2026.

Do I have to register on the landlord database now?

Not yet. Registration is due to open on 15 December 2026, starting in the West Midlands and then other regions, with all regions expected to be covered by the end of 2027. You will need to register each rented property yourself once your area opens.

What are the penalties for getting it wrong?

Councils can impose civil penalties of up to £7,000, rising to £40,000 or prosecution for serious or repeated breaches. Tenants can seek rent repayment orders of up to two years' rent for certain offences. A defective notice or unprotected deposit can also defeat a possession claim.

Can I put my tenant's rent up every year?

You can raise rent once a year by serving a section 13 notice (Form 4A) giving at least two months' notice. Rent review clauses in the tenancy no longer work. If the tenant applies to the First-tier Tribunal, it sets the market rent, which cannot be higher than the rent you proposed.

Can I ask a new tenant for more than one month's rent in advance?

No. Since 1 May 2026 you or your agent can only require up to one month's rent in advance before the tenancy begins. You also cannot accept offers above the advertised rent, so set the price in the advert and apply it to everyone. Breaches can lead to civil penalties from the council.

Can I refuse to let to tenants on benefits or with children?

No. Since 1 May 2026 it is unlawful to refuse a viewing, withhold property details or refuse a tenancy because someone has children or receives benefits. You can still assess affordability and references on an individual basis, applied consistently. Remove any no DSS or no children wording from adverts and agent instructions.

Can I say no if my tenant asks to keep a pet?

You must consider a written request and reply within 28 days. You cannot unreasonably refuse, but you can decline for a good reason, such as a lease restriction or unsuitable property. You may be able to ask for pet damage insurance. Keep a written record of your decision and reasons.

Can I evict a tenant for anti-social behaviour?

Yes, through section 8. Ground 14 covers nuisance or annoyance and ground 7A covers serious anti-social behaviour and convictions. Notice periods can be much shorter than for arrears, but you still need a court order and must prove the behaviour. Collect dated evidence, such as council letters, police logs and neighbour statements.

What certificates must I give my tenant?

Before the tenancy starts you must give the tenant a valid gas safety certificate (renewed yearly), an energy performance certificate, the current How to Rent guide and, for private tenancies, the electrical installation report (renewed every five years). You must also fit smoke alarms and carbon monoxide alarms where required.

Can I deduct from the deposit for damage or cleaning?

You can deduct reasonable costs for damage, missing items, unpaid rent or cleaning beyond fair wear and tear, backed by check-in and check-out evidence. The deposit must be protected in an approved scheme within 30 days, and the tenant can dispute deductions through the scheme's free dispute resolution service.

Ask Libra

Which section 8 ground should I use to evict for rent arrears?
How do I fill in Form 3A for a Ground 1A sale?
What must my written statement of terms include?
When do I need to register on the landlord database?
Can I refuse my tenant's request to keep a dog?
How do I serve a Form 4A rent increase correctly?

Sources

This guide is general information about the law in England as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

Share this post

Short answer

Since 1 May 2026, private landlords in England can no longer use section 21. To recover possession you must serve a section 8 notice on Form 3A, rely on a ground such as rent arrears or sale, and get a court order. You must also give written tenancy terms, protect deposits and raise rent only through Form 4A.

What does the Renters' Rights Act mean for landlords?

The main tenancy reforms in the Renters' Rights Act 2025 came into force on 1 May 2026 and apply to new and existing private tenancies in England.

Existing assured shorthold tenancies became assured periodic tenancies, with no fixed end date. You cannot grant new fixed terms for most private lets.
Section 21 no fault notices can no longer be served. Section 21 notices served earlier could only be used if proceedings were issued by 31 July 2026.
Rent can rise once a year only, using Form 4A with at least two months' notice. Rent review clauses are unenforceable.
You cannot take rent before the tenancy agreement is signed, and then no more than one month's rent (28 days for weekly rent) before the tenancy starts.
You must advertise an asking rent and must not invite or accept offers above it.
You must consider pet requests and reply within 28 days, and cannot unreasonably refuse.
Blanket bans on tenants with children or on benefits are unlawful.

How do you evict a tenant now section 21 has gone?

You must serve a section 8 notice using the prescribed Form 3A. It must set out the ground (or grounds) you rely on and give at least the notice period that ground requires. If the tenant does not leave when the notice ends, you issue a possession claim in the county court using forms N5 and N119. The court fee is currently £415.

For most grounds, the court will not make an order unless your tenant's deposit was protected in an approved scheme with the prescribed information given, or has been returned. Mandatory grounds require the court to order possession if proved. Discretionary grounds require the court to decide it is reasonable. You have 12 months from serving notice to start proceedings, or the notice lapses.

What are the main section 8 grounds and notice periods?

Ground 1, you or close family moving in: four months' notice. Not available in the first 12 months of a tenancy (notice can be served so that it expires after that point).
Ground 1A, selling the property: four months' notice, same 12 month protection. It cannot be used against assured non-shorthold tenancies created before 1 May 2026.
Ground 6, redevelopment: four months' notice.
Ground 8, serious rent arrears (mandatory): four weeks' notice. At least three months' rent (or 13 weeks if rent is weekly or fortnightly) must be owed both when you serve notice and at the hearing.
Grounds 10 and 11, any or persistent arrears (discretionary): four weeks' notice.
Ground 12, other breach of tenancy: two weeks' notice.
Grounds 7A and 14, anti-social behaviour: you can apply to court immediately, but no order can be made until 14 days after notice.

If you obtain possession under Ground 1 or 1A you must not market or re-let the property for 12 months. Misusing grounds can lead to civil penalties and rent repayment orders.

What happens after you get a possession order?

An outright order normally requires the tenant to leave within 14 days, or up to six weeks if the court accepts exceptional hardship. A suspended order lets the tenant stay if they meet conditions, such as paying arrears. The court can add a money judgment for arrears and costs. If the tenant stays after the date in the order, you apply for a warrant of possession (currently £152) and county court bailiffs carry out the eviction after giving at least 14 days' notice. Never change the locks or remove belongings yourself: unlawful eviction and harassment are criminal offences.

What is on a landlord compliance checklist?

Written terms: for tenancies starting on or after 1 May 2026, give the tenant a written statement of the required terms and information before the tenancy is agreed. For existing written tenancies, you had to give the Renters' Rights Act Information Sheet 2026 by 31 May 2026. Failure can mean a fine of up to £7,000.
Deposit: no more than five weeks' rent (six if annual rent is £50,000 or more), protected within 30 days, with prescribed information.
Gas safety: annual check by a Gas Safe engineer, with the record given to the tenant.
Electrical safety: an electrical installation condition report at least every five years.
Alarms: a smoke alarm on each storey and a carbon monoxide alarm in rooms with a fixed combustion appliance (excluding gas cookers).
Energy performance: a valid EPC, normally rated E or above.
Right to rent: immigration status checks on adult occupiers before the tenancy starts.
Repairs: keep the structure, exterior and installations in repair and the home fit for human habitation.
Licensing: check whether your council requires an HMO, additional or selective licence.

When do the landlord database and ombudsman start?

As at 30 September 2026 neither is live. The government has announced that the Private Rented Sector Database will open on 15 December 2026, starting in the West Midlands and rolling out across England region by region, with all landlords letting property expected to be registered by November 2027. Once your area opens you will have a set period to register each property, and you must do it yourself rather than through an agent. Failing to register can lead to civil penalties of up to £7,000, or up to £40,000 for serious or repeated breaches.

Mandatory membership of the new private rented sector landlord ombudsman is expected in 2028. The Decent Homes Standard will apply to private rented homes, with full compliance required by 2035, and Awaab's Law is not yet in force for private landlords.

What are the key deadlines and time limits?

These are the main time limits for private landlords in England:

Grounds 1, 1A and 6: four months' notice. Grounds 1 and 1A cannot be used in the first 12 months.
Rent arrears Grounds 8, 10 and 11: four weeks' notice. Ground 8 needs three months' (or 13 weeks') arrears.
Start court proceedings within 12 months of serving a section 8 notice.
No marketing or re-letting for 12 months after possession under Ground 1 or 1A.
Rent increases: Form 4A, at least two months' notice, once a year.
Deposit protection and prescribed information: within 30 days of receiving it.
Pet requests: reply within 28 days.
Gas safety checks every 12 months, electrical reports every five years.

What should you do next?

Audit each tenancy: confirm tenants have written terms or the Information Sheet, the deposit is protected and your safety certificates are current.
If you need possession, choose the right ground, check any 12 month restriction, and serve Form 3A with the correct notice period. Keep proof of service.
For rent arrears, keep an accurate rent statement and check whether the Ground 8 threshold will be met both at notice and at the hearing.
Use Form 4A for any rent increase and base the figure on comparable local market rents.
Ask Libra to check a notice, a ground or a compliance gap before you act. Libra can also help you draft tenancy documents and letters.
For contested possession claims or disrepair counterclaims, find a lawyer or clinic through Libra.

Frequently asked questions

Can I still use a section 21 notice?

No. New section 21 notices could not be served from 1 May 2026. A notice served before then could only be relied on if possession proceedings were issued by 31 July 2026. You now need a section 8 notice on Form 3A and a ground for possession.

How do I evict a tenant for rent arrears?

Serve Form 3A relying on Ground 8, and usually Grounds 10 and 11 as well, giving four weeks' notice. Ground 8 is mandatory only if at least three months' rent (13 weeks for weekly rent) is owed at notice and at the hearing. Then issue a possession claim if the tenant stays.

Can I evict a tenant because I want to sell?

Yes, under Ground 1A, with four months' notice, but not within the first 12 months of the tenancy. You need a court order if the tenant does not leave, and you cannot market or re-let the property for 12 months after using the ground.

Do I need a new tenancy agreement?

For new tenancies from 1 May 2026, you must give the required written terms before the tenancy is agreed, which is usually done in the tenancy agreement. Existing written tenancies do not need a new agreement, but you had to give tenants the government Information Sheet by 31 May 2026.

Do I have to register on the landlord database now?

Not yet. Registration is due to open on 15 December 2026, starting in the West Midlands and then other regions, with all regions expected to be covered by the end of 2027. You will need to register each rented property yourself once your area opens.

What are the penalties for getting it wrong?

Councils can impose civil penalties of up to £7,000, rising to £40,000 or prosecution for serious or repeated breaches. Tenants can seek rent repayment orders of up to two years' rent for certain offences. A defective notice or unprotected deposit can also defeat a possession claim.

Can I put my tenant's rent up every year?

You can raise rent once a year by serving a section 13 notice (Form 4A) giving at least two months' notice. Rent review clauses in the tenancy no longer work. If the tenant applies to the First-tier Tribunal, it sets the market rent, which cannot be higher than the rent you proposed.

Can I ask a new tenant for more than one month's rent in advance?

No. Since 1 May 2026 you or your agent can only require up to one month's rent in advance before the tenancy begins. You also cannot accept offers above the advertised rent, so set the price in the advert and apply it to everyone. Breaches can lead to civil penalties from the council.

Can I refuse to let to tenants on benefits or with children?

No. Since 1 May 2026 it is unlawful to refuse a viewing, withhold property details or refuse a tenancy because someone has children or receives benefits. You can still assess affordability and references on an individual basis, applied consistently. Remove any no DSS or no children wording from adverts and agent instructions.

Can I say no if my tenant asks to keep a pet?

You must consider a written request and reply within 28 days. You cannot unreasonably refuse, but you can decline for a good reason, such as a lease restriction or unsuitable property. You may be able to ask for pet damage insurance. Keep a written record of your decision and reasons.

Can I evict a tenant for anti-social behaviour?

Yes, through section 8. Ground 14 covers nuisance or annoyance and ground 7A covers serious anti-social behaviour and convictions. Notice periods can be much shorter than for arrears, but you still need a court order and must prove the behaviour. Collect dated evidence, such as council letters, police logs and neighbour statements.

What certificates must I give my tenant?

Before the tenancy starts you must give the tenant a valid gas safety certificate (renewed yearly), an energy performance certificate, the current How to Rent guide and, for private tenancies, the electrical installation report (renewed every five years). You must also fit smoke alarms and carbon monoxide alarms where required.

Can I deduct from the deposit for damage or cleaning?

You can deduct reasonable costs for damage, missing items, unpaid rent or cleaning beyond fair wear and tear, backed by check-in and check-out evidence. The deposit must be protected in an approved scheme within 30 days, and the tenant can dispute deductions through the scheme's free dispute resolution service.

Ask Libra

Which section 8 ground should I use to evict for rent arrears?
How do I fill in Form 3A for a Ground 1A sale?
What must my written statement of terms include?
When do I need to register on the landlord database?
Can I refuse my tenant's request to keep a dog?
How do I serve a Form 4A rent increase correctly?

Sources

This guide is general information about the law in England as at September 2026, not legal advice. For advice on your situation, ask Libra or find a lawyer through Libra.

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