The Government has confirmed that the Renters’ Rights Act will begin implementation on 1 May 2026, setting in motion the most significant overhaul of the private rented sector in a generation.
Unsurprisingly, landlords are increasingly concerned about the future of Section 21 notices — and whether they will still be able to regain possession of their properties without proving fault.
While the Act lays the foundation for sweeping change, most of its substantive provisions are not yet in force. Crucially, there remains a window for landlords to take action under the current regime before the new system takes effect.
Sophie Kemp and Esther Woolford, Clarke Willmott explain the new rules and the options available.
Transitional arrangements: what landlords need to know
The transitional rules are complex, but the headline message is clear:
Landlords can continue to serve Section 21 notices until the Act formally commences.
This means the existing rules governing assured shorthold tenancies (ASTs) and “no fault” possession remain in place for now.
Key elements include:
• Section 21 notices served before Royal Assent will operate as usual. The related AST continues until repossession is completed or the claim becomes time-barred.
• Between Royal Assent and Commencement, landlords may still serve Section 21 notices under the current framework.
• Possession proceedings must begin within specific deadlines, and in most cases no later than three months after the Act’s commencement date.
In effect, Section 21 will not vanish overnight — but landlords will need to act promptly to preserve their position.
What landlords should do now
Landlords who are considering taking back possession of their properties should use this window to act under the existing rules. Serving a Section 21 notice now allows landlords to progress a possession claim without the heavier evidential burdens and new restrictions that will come into force from 2026.
What else will change under the new Act?
Once the Renters’ Rights Act is fully implemented, landlords should expect a wide range of new obligations, including:
• tighter rules on rent increases, advance payments and rental bidding
• a legal right for tenants to keep a pet (subject to reasonable consent)
• a national landlord database and a new Tenants’ Complaints Ombudsman
• the Decent Homes Standard and Awaab’s Law applied across the sector
• new anti-discrimination laws influencing how landlords select tenants
• greater penalties and expanded enforcement powers for local authorities
• revised grounds for possession, including new routes for agricultural worker housing
With the countdown to May 2026 now underway, landlords should ensure they understand the transitional rules and take timely action where necessary — before the new regime fundamentally reshapes the rights and responsibilities within the private rental market.
