In our previous article, Evicting Section 21 – the final notice, we looked at the end of no‑fault evictions and the immediate impact of the Renters’ Rights Act 2025 (the “RRA”) on possession strategy. Today, 1 May 2026, marks the next and arguably more disruptive phase of the RRA in practice. From this point on, the changes move beyond termination and reshape how existing tenancies operate day‑to‑day.
Fixed terms now fall away, contractual rent review clauses become ineffective, and landlords who intend to keep tenants in situ must engage with a new statutory framework governing rent increases, tenant rights and enforcement. These reforms arrive against the backdrop of a court and tribunal system already under strain, with more disputes expected to be resolved formally rather than privately. For landlords, 1 May is not therefore just a legal milestone, but the start of a new operational reality — one where compliance, process and timing will play a critical role in managing risk under the post‑Section 21 regime.
Keeping residential tenants in situ? Your 1 May 2026 and 31 May 2026 Checklists:
For landlords who have not taken steps to terminate existing tenancies and instead intend to keep residential tenants in occupation beyond 1 May 2026, there are important compliance steps which first need to be considered.
From 1 May 2026:
- Fixed terms fall away – all tenancies will become rolling (typically monthly) tenancies.
- Rent review clauses will no longer operate; future proposed increases must follow the statutory process in Section 13 of the Housing Act 1988 (as introduced by the RRA).
- Tenants will gain new rights, including the ability to request a pet (which cannot be unreasonably refused).
- Review your mortgage, insurance, and tenancy agreement documents for clauses that restrict tenants with children or those receiving benefits. These will now be nullified as part of measures to prevent rental discrimination.
- Plan now to make sure any property lettings adverts that you (or an agent) intend to publish after 1 May 2026 include the asking price. You won’t be able to ask for, encourage, or accept offers above this price from that date.
The Government has also published the Renters' Rights Act Information Sheet, which must be provided to tenants by no later than 31 May 2026.
Where no written tenancy agreement exists, landlords must instead provide a written summary of the key terms (or a full written agreement) by the same date.
Student accommodation – your 31 May 2026 Checklist:
For landlords of student accommodation, the RRA introduces a separate possession route. Where a property is let to full-time students, landlords may be able to rely on possession ground 4A, which allows possession provided that four months' notice is given, with the notice period ending between 1 June and 30 September.
However, this ground is only available if the landlord has previously given the tenant written notice confirming that ground 4A may be relied on. That notice must be given by no later than 31 May 2026, and importantly the Renters’ Rights Act Information Sheet will not usually satisfy this requirement — a separate written notice is required.
Which tenancies fall outside the scope of the RRA regime?
The RRA does not apply to all residential arrangements. Its reforms are limited to assured tenancies governed by the Housing Act 1988, meaning that tenancies falling outside that statutory framework are not subject to the new assured periodic tenancy regime.
Tenancies which fall outside the net of assured shorthold tenancies include:
- Fixed term tenancies of more than 21 years from the date of grant
- Fixed term tenancies of less than 21 years (but more than 7 years) which were entered into before the RRA was passed on 27 October 2025; during the short transitional period that followed until 27 December 2025; or pursuant to a contract entered into during that window;
- Agricultural tenancies – in which specifically agricultural land exceeding 2 acres is let together with a dwelling;
- Business tenancies – in which the property is occupied for the significant (rather than incidental) purpose of the tenant's business;
- High-value tenancies – where the annual rent is more than £100,000 per annum; and
- Low or minimal rent tenancies – where no rent is paid, or where the annual rent is £1,000 or less in Greater London, or £250 or less elsewhere.
Serious consequences for non-compliance
Failure to comply with the new legal requirements could be costly. If a landlord does not meet its obligations, the local council has a range of enforcement powers, including:
- Financial penalties of up to £7,000 or £40,000, depending on the seriousness of the breach.
- Prosecution in the Magistrates’ Court, where a landlord could face an unlimited fine.
In addition to these sanctions, certain offences could lead to a Rent Repayment Order. This means that a landlord may be required to repay up to two years’ rent to its tenant or to the local council.
With these significant risks in mind, now is the time to make sure all residential landlords fully understand the new requirements and have everything in place ahead of the deadline.
Court Capacity - rent increases, challenges and a system under strain
In the Government’s view, the abolition of section 21 is intended to ease pressure on the courts by removing a large volume of possession claims from the system. In practice, the trade‑off is likely to be a marked increase in more complex, contested litigation, coupled with a surge in rent challenges. Possession claims that once followed an accelerated, largely administrative process will instead turn on evidence, intention and discretion, making hearings longer and outcomes less predictable. Additionally, with contractual rent review mechanisms now ineffective, section 13 is the sole route for challenging rent increases, giving tenants the right to challenge the proposed rent and the First‑tier Tribunal determining the open market value. The structure of this process strongly incentivises challenges: the Tribunal cannot set a rent higher than that proposed, any determination is not backdated (meaning that court delays work in the tenant’s favour), and there is little practical downside for tenants in testing an increase.
The Reform Programme to digitalise court processes deliberately prioritised the highest‑volume case types, leaving large categories of work — particularly bulk claims — reliant on paper processes and legacy systems. While the Renters’ Rights Bill was going through its various committee stages in 2025, Courts Minister Sarah Sackman told the Justice Select Committee “we are not where we want to be in terms of timeliness and the digitalisation of the court process.” In a letter dated 27 April 2026, the Chief Executive of HM Courts and Tribunals Service confirmed that further funding has now been allocated to extend digital coverage across the County Court, including digitising additional case types and keeping cases within digital systems through to completion. Possession hearings flowing from the RRA are also being targeted for digitisation. Whether those reforms will be sufficient to absorb the expected surge in contested cases and rent challenges, and how quickly the Courts are able to mobilise these digital efficiencies, remains to be seen.
What next? Phases 2 and 3 of the Renters' Rights Act Regime
Beyond the immediate changes taking effect on 1 May 2026, further reforms are expected to follow in later phases of implementation. Phase 2, scheduled for late 2026, includes the introduction of a mandatory Private Rented Sector (PRS) database, although much of its detail remains to be fleshed out in the Secretary of State’s regulations which are yet to be published. The database will contain multiple categories of entry, including landlord entries (covering those who are, or intend to become, residential landlords), dwelling entries, and enforcement entries such as banning orders, convictions and financial penalties. Once in force, registration will be a pre‑condition to lawful letting and, in some cases, to recovering possession.
The phase 3 reforms, for which timings are not yet clear, will include the introduction of a Decent Homes Standard for the PRS, further extending regulatory oversight. Together, these later phases signal a shift towards a more centralised, data‑driven and enforcement‑focused regime, even if the precise mechanics — particularly of the PRS database — are still to be worked through in secondary legislation.
Conclusion
From today, landlords must operate within tighter statutory constraints, with greater scrutiny of rent increases, possession decisions and ongoing compliance. While further reform and digitalisation are intended to improve system efficiency over time, the short‑term reality is one of increased complexity, delay and enforcement risk. For landlords, careful preparation, early compliance and realistic expectations about dispute resolution will be essential as the post‑Section 21 regime beds in.
Please click here to request a copy of our full client briefing on the Renters' Rights Act 2025.
Key contacts
Alison Hardy
Partner, Head of Real Estate Disputes Resolution, London, London
Shanna Davison
Knowledge Counsel, London
Hannah Francis
Associate, London
Kate Wilson
Knowledge Counsel, London
Disclaimer
The articles published on this website, current at the dates of publication set out above, are for reference purposes only. They do not constitute legal advice and should not be relied upon as such. Specific legal advice about your specific circumstances should always be sought separately before taking any action.