The Section 21 right to possession of a residential property is about to end. Below, we help you master the new possession process and understand the new evidence-based rent reviews on the horizon.

This is the first instalment in a two‑part series examining the reforms introduced by the Renters’ Rights Bill. In this article, we focus on the changes affecting rent and possession proceedings, exploring how these developments are set to impact both landlords and tenants.

When will the Renters’ Rights Bill come into effect?

At the time of writing, the Renters’ Rights Bill has not yet become law. It has completed most of its parliamentary journey and will take effect following Royal Assent and commencement regulations. The Government has signalled that the new tenancy system will start on a single implementation date, with existing tenancies converting at the same time. That means there will be clear notice of a go-live day, rather than a long, confusing phase-in.

What Landlords need to prepare for

When the Act comes into force it will amount to the biggest shake-up of private renting in England since the Housing Act 1988.

The following changes have been proposed:

• 2 months’ notice under Section 21 to terminate tenancies will go
• Fixed terms will be replaced by periodic tenancies
• Rent increases will be brought under a single statutory route
• Practices such as rental bidding and blanket bans on families or benefits recipients will be prohibited
• A national landlord database and a new ombudsman will arrive
• The Decent Homes Standard will be applied to the private rented sector
•  The Government intends to extend the Awaab’s Law style time limits for tackling serious hazards (like damp and mould) into the PRS via secondary legislation

 Landlords and agents will need to adjust possession strategies, compliance systems and cash-flow planning to fit this new landscape.

Life after Section 21: The end of no-fault evictions

Once section 21 is abolished, Landlords will no longer be able to recover possession simply because a fixed term has ended or by serving a “no-fault” 2 months’ notice. All assured tenancies will be periodic by default. Tenants will be able to leave on two months’ notice, tied to the rent period. Landlords will need to rely on section 8 grounds, some of which have been strengthened and some clarified.

Landlords can apply to the Court to terminate a tenancy because of rent arrears, although the notice period changes from 2 weeks to 4 weeks.

New Grounds for Possession: What Qualifies and What Doesn’t

Two grounds will be particularly important in day-to-day practice.

• First, the landlord’s (or a close family member’s) intention to occupy the property as a home;
• second, the intention to sell.

Both are mandatory grounds but come with safeguards: they cannot be used in the first 12 months of a tenancy and they require four months’ notice. There will also be anti-abuse provisions—for example, limits on marketing or re-letting for a period after relying on a sale ground.

For anti-social behaviour, and other breaches, the familiar section 8 framework remains, but expect closer scrutiny of evidence and procedure.

Avoiding Technical Pitfalls: PRS Database and Deposit Protection

A practical point that is easily overlooked: for many grounds you will need to have complied with the new Private Rented Sector (PRS) Database registration requirements and deposit protection before serving notice. Build those checks into your possession workflow so that a technical failure does not unravel an otherwise strong case.

The need to prove why the Landlord is entitled to terminate the lease (rather than just serve 2 months notice at the end of the tenancy under section 21) is likely to extend the time it takes to evict a tenant from a property.

Rent increase rules under the Renters’ Rights Bill

The Bill tightens landlord’s ability to increase rent, by channelling the rent increase provisions through an amended section 13 notice. In short, one increase per year, with at least two months’ notice, to market rent as if the property were being newly advertised. Rent review clauses in tenancy agreements will no longer be the route. Tenants will retain the right to challenge through the First-tier Tribunal, which will set the market rent. Importantly, the Tribunal will not award more than you proposed and will not backdate rises; it can, however, defer an increase by up to two months in cases of hardship.

In practice, landlords and agents should treat rent-setting as an evidence-based discipline. Keep a standing bundle of comparables, achieved rents and condition notes. If a tenant refers a notice to the Tribunal, you will be ready to justify the figure calmly and quickly.

Need help navigating the Renters’ Rights Bill?

Our expert property law team is here to guide landlords and letting agents through the upcoming changes. Whether you’re preparing for possession proceedings, reviewing rent strategies, or updating compliance workflows, please contact us.

Next Article to Follow

The second instalment of this two‑part series will examine the remaining changes on the horizon, with a particular focus on how they will reshape the relationship between landlords and tenants. Stay tuned for the full breakdown.

If you would like to discuss the content of this article further, please contact us to speak to a member of our Dispute Resolution Team for tailored advice.