As the Renters’ Rights Act comes into force on 1 May, it marks a fundamental shift in the way the private rental sector operates. The legislation reshapes tenancy structures, rent setting, possession rights and property standards, bringing new responsibilities for landlords and clearer protections for tenants.
Rebecca Whitehead is Lettings Director at Gascoigne Halman, overseeing one of the region’s largest residential lettings portfolios, with more than 2,000 rental properties under management across Cheshire, the High Peak and South Manchester. Over the past year, Rebecca and her specialist lettings team have taken a proactive role in educating and advising landlords across the north west, helping them navigate the upcoming reforms with confidence.
“For landlords and tenants this isn’t a minor update, it’s a fundamental shift that will affect how properties are managed, how secure tenancies feel and how disputes are handled,” commented Rebecca. “With the Act live from 1st May, it’s crucial that both landlords and tenants understand the new rules immediately to avoid unnecessary risk, costly errors and avoidable stress.”
Rebecca shares her top five things every landlord and tenant needs to know as the new law comes into force this weekend…
1. The End of Fixed-Term Tenancies: Renting Becomes Fully Periodic
One of the most significant parts of the reform is the abolition of fixed-term tenancies. This change is aimed at increasing flexibility and housing security for tenants but also places greater importance on lawful possession grounds and proactive tenancy management. In summary, landlords can no longer serve what has been commonly known as a ‘no fault eviction’. It is important for landlords to understand they can still regain possession of a property when a legitimate and evidenced ground applies.
From 1 May:
- All new and existing tenancies will convert to open-ended periodic tenancies with no fixed end date.
- Tenancies will no longer “expire” on a set date.
- Non-Housing Act tenancies are not affected by this legislation. Common examples are company lets.
What this means:
- Tenants now have to serve two months’ notice instead of one, this can be served at any time but must end in line with the rental period.
- Landlords can serve notice by serving a Section 8.
- The last date that a 6a / Section 21 can be served before the changes take effect is Thursday 30 April. Court proceedings must commence on or before 31 July 2026.
2. Section 21 Is Abolished: No-Fault Evictions Are Removed
The Act formally abolishes Section 21, ending the ability for landlords to regain possession of a property without providing a reason. This represents a cultural shift away from short-term, insecure renting and reinforces the importance of compliance, transparency and robust documentation.
In practice, most landlords already regain possession only where a valid reason exists. Common examples include selling a property, moving back in (or accommodating a family member), or where a tenant has breached the terms of the tenancy, such as falling into rent arrears. Importantly, all of these scenarios remain legitimate grounds for possession under the revised Section 8 legislation.
“Section 8 is now the backbone of possession claims. Landlords who understand the grounds required and prepare correctly will be protected, but mistakes could be costly,” says Rebecca Whitehead, Lettings Director at Gascoigne Halman.
Possession Under the New Section 8 Grounds:
Selling a Property
- A four?month notice period applies and this is a mandatory ground.
- Possession cannot be sought within the first 12 months of the tenancy.
- Once this ground has been used, the property cannot be re?let for 12 months.
Moving Back into a Property
- A four?month notice period applies and this is a mandatory ground.
- The tenancy cannot be terminated within the first 12 months.
- After possession is granted on this basis, the property cannot be marketed for rent for 12 months.
Rent Arrears
- Tenants must now be three months in arrears (previously two).
- This is a mandatory ground.
- Notice can be served once the third month’s rent becomes overdue (effectively at two months and one day).
- The notice period is four weeks (previously two).
Breach of Tenancy Terms
- A range of mandatory and discretionary grounds remain available where a tenant is in breach of contract.
- Success under these grounds depends on the quality of evidence.
- Landlords are strongly advised to keep clear, contemporaneous notes and supporting documentation that demonstrate both the nature and frequency of any breaches, as this significantly increases the likelihood of regaining possession.
3. Rent Must Be Set at Market Level and No More Rent Upfront
The Act introduces clearer rules around rent setting and rent reviews. Key changes include:
- Rent must be set at a genuine market rate.
- Rent increases must follow a formal process. Landlords must now serve a Section 13 notice, giving two months’ notice of the proposed rent increase and can only do this annually.
- Landlords are no longer permitted to request, and tenants are no longer permitted to offer, upfront rent. This represents a significant change from current practice, particularly where upfront rent has been used to mitigate failed referencing. Tenants should instead ensure they have an acceptable guarantor in place prior to making an application.
While these changes aim to prevent unfair pricing, it creates a new challenge for tenants. With limited ability to pay rent in advance, affordability assessments become more critical as tenants must now prove earnings of up to 30 times the monthly rent. This makes professional referencing, transparency and realistic pricing more important than ever.
4. New Rules for Pets
Tenants now have a legal right to request a pet. Landlords may refuse consent to keep a pet, but they must be able to reasonably justify why not. Where landlords have consented to a pet it is important they protect themselves. Gascoigne Halman’s recommendations for landlords consenting to a pet include:
- Ensuring there is a pet addendum within the rental contract detailing type of pet, breed and size etc. For clarity, allowing a pet is not a blanket allowance for any pets, it is allowing a specific pet requested by the tenant.
- Ensure a photographic inventory of the property is created at the start of the tenancy, this document protects both parties so there is no dispute around pet damage when the tenancy ends.
- Landlords should perform regular property inspections with written and photographic documentation to ensure they always have an accurate understanding of the property’s condition. Gascoigne Halman’s property management team carries out these inspections on behalf of landlords after the first three months of a tenancy and subsequently every six months. Where any pet-related issue is identified, inspection frequency increases to fortnightly until the matter is fully resolved.
5. Higher Industry Standards
All rental homes must now meet a statutory Decent Homes Standard, bringing the private sector in line with social housing expectations. This raises the bar on safety, warmth, repair and overall condition. Formal information is awaited on this provision which is aimed at building on existing regulations.
The Renters’ Rights Act also introduces a new Landlord Ombudsman and national Landlord Database both of which are mandatory for landlords. These measures aim to professionalise the market and improve trust on both sides.
“The Renter’s Rights Act represents a decisive move toward a more stable, transparent and professionally managed rental sector,” added Rebecca. “While tenants benefit from increased security and clarity, landlords who adapt early, price realistically and manage proactively will continue to thrive. The Act is creating a property environment that supports a healthier local market encouraging long?term investment, raising standards and strengthening confidence for both landlords and tenants across north west communities.”
Landlords and tenants are invited to call 01625 536 434 for advice from Gascoigne Halman’s expert lettings team or visit https://www.gascoignehalman.co.uk/contact.html for the full list of Gascoigne Halman office locations.
