British Landlords Association

Below are common legal questions landlords are asking in light of recent legislative change.

The Renters’ Rights Act 2025 introduces the most significant reforms to the private rented sector since the Housing Act 1988. Below are the most common questions landlords are asking.

Members of the British Landlords Association can contact our Landlord Adviceline for direct access to practising housing lawyers for tailored advice.

When does the Renters’ Rights Act 2025 come into force?

The Act received Royal Assent in 2025. The implementation is phased:

• Abolition of Section 21 – expected to take effect in late 2025 (exact commencement date confirmed by statutory instrument).
• Transition of all assured shorthold tenancies to periodic tenancies – from the date Section 21 is abolished.
• Strengthened Section 8 grounds – effective from the same date Section 21 is removed.
• Private Rented Sector Ombudsman requirement – expected 2025/2026.
• Property Portal registration requirement – expected 2025/2026.

Landlords must monitor commencement regulations carefully. Members can contact the BLA for updates.

Has Section 21 been abolished?

Yes. Once the relevant provisions are commenced, landlords can no longer rely on Section 21 “no fault” eviction notices.

All possession claims must rely on statutory grounds under Section 8 of the Housing Act 1988 (as amended by the Renters’ Rights Act 2025).

Can I still evict a tenant under the new law?

Yes. Landlords can still recover possession using amended and expanded Section 8 grounds.

Key revised grounds include:

• Rent arrears
• Anti-social behaviour
• Landlord selling the property
• Landlord or family member moving in

However, notice periods and evidential requirements may differ from previous rules. Members should seek advice before serving any notice under the new regime.

What happens to fixed-term tenancies?

Under the Act, fixed-term assured shorthold tenancies convert into periodic tenancies once the new regime is fully implemented.

Landlords will no longer be able to create new fixed-term ASTs. All new tenancies will be periodic from the outset.

Can I increase the rent under the Renters’ Rights Act 2025?

Rent increases must follow the statutory Section 13 procedure.

Landlords can increase rent once per year using the prescribed form.

Tenants have the right to challenge excessive increases at the First-tier Tribunal.

Members are advised to obtain guidance before issuing a rent increase notice.

What are the new rules on rent arrears possession?

The mandatory rent arrears ground threshold has been amended. Landlords must ensure the arrears threshold is met both at the time of serving notice and at the hearing.

Notice periods for rent arrears may differ from previous requirements. Always confirm current thresholds before serving notice.

Can I refuse tenants with children or benefits?

The Act strengthens anti-discrimination protections. Blanket bans such as “No DSS” or “No children” may expose landlords to discrimination claims.

Each applicant must be assessed individually on affordability and referencing criteria.

What is the Private Rented Sector Ombudsman?

All private landlords will be required to join a government-approved Ombudsman scheme once the relevant section is commenced.

This will apply even if the landlord uses a managing agent. Failure to register may result in financial penalties and restrictions on serving possession notices.

What is the new Property Portal?

The Property Portal will require landlords to register themselves and their rental properties. Local authorities will use the portal for enforcement and compliance checks.

Failure to register may invalidate possession notices and result in penalties.

What are the new rules on pets?

Tenants now have stronger rights to request a pet. Landlords must not unreasonably refuse a request. Landlords may require pet insurance to cover potential damage. Requests must be responded to within the statutory timeframe.

What about student lets?

There are specific grounds relating to student accommodation and houses in multiple occupation used for students.

Landlords operating in the student sector should seek specialist advice due to transitional complexities.

Can I still regain possession if I want to sell?

Yes. A revised Section 8 ground allows landlords to regain possession if they intend to sell.

There may be restrictions preventing the use of this ground within the first months of a tenancy. Evidence of genuine intention to sell will be required.

What if I want to move into the property myself?

There is a revised ground allowing landlords or close family members to occupy the property. Again, evidence will be required, and misuse of this ground may carry penalties.

Are there penalties for misuse of possession grounds?

Yes.

If a landlord regains possession using a sale or occupation ground and then re-lets the property within the restricted period, significant financial penalties may apply.

What happens if I serve the wrong notice?

Serving an incorrect notice may invalidate your possession claim and delay proceedings. Under the new regime, compliance accuracy is critical.

Members are strongly advised to seek legal review before serving any possession notice.

What are the new notice periods?

Notice periods vary depending on the ground used. Some anti-social behaviour grounds remain shorter.

Other grounds may require longer notice periods than under the previous regime. Always check the current statutory instrument before serving notice.

Do I still need to protect the deposit?

Yes. Tenancy deposit protection rules remain unchanged. Deposits must be protected within 30 days, and prescribed information served.

Failure may result in financial penalties of between one and three times the deposit.

Does the Act change landlord repair obligations?

Repair obligations remain governed primarily by:

• Landlord and Tenant Act 1985
• Homes (Fitness for Human Habitation) Act 2018

However, enforcement mechanisms are strengthened through local authority powers and the Property Portal system.

Can I still choose my tenant?

Yes. Landlords retain the right to reference tenants and assess affordability. However, discriminatory blanket policies are prohibited.

How should landlords prepare now?

Landlords should:

• Review tenancy agreements
• Understand revised possession grounds
• Monitor commencement dates
• Prepare for Ombudsman registration
• Prepare for Property Portal registration

Members of the British Landlords Association can contact the Landlord Adviceline for tailored advice from practising housing lawyers.

How to Use the BLA Landlord Adviceline

Members may submit enquiries via the online form or email [email protected].

We aim to respond within 48 hours.

You must provide your full BLA membership name when submitting an enquiry.

Non-members must join before advice can be provided.