Renters’ Rights Act 2025: what landlords need to know now

28th Nov 2025

Author: Mark Turner

The Renters’ Rights Act 2025 (the Act) is the most significant reform of the residential lettings market in England for almost four decades. Its purpose is to rebalance the relationship between landlord and tenant, strengthen protections for renters, and raise compliance standards across the market.

For commercial private landlords, the Act changes how residential tenancies are brought to an end as well as how they are managed. If you are considering recovering possession, it is sensible to decide now whether to act under the current rules and to plan your approach.

In this article, Mark Turner, Partner specialising in Landlord and Tenant, explains the points that matter most if you are aiming to recover possession, sets out the timeline for change, and suggests practical steps to reduce risk.

Thinking about recovering possession? Why acting before 1 May 2026 could matter

With major changes due to start on 1 May 2026, landlords should review live tenancies now and decide whether to start a possession process under the current regime.

Key reasons to assess your position now:

Grounds and evidence: identify which statutory ground you will rely on (for example, serious rent arrears, sale of the property, moving back in, breach or anti-social behaviour) and gather documents to support it.
Timelines: factor in notice periods, court capacity and potential delays so you have time to complete the process before the new regime takes effect.
Exit plans: if you intend to sell or redevelop, an early, well-evidenced strategy reduces risk and uncertainty.
Agent alignment: give clear written instructions to your managing agent on notices, communications and record-keeping.

How will the new rules affect ending tenancies and recovering possession?

The Act strengthens tenant protections and will change how possession is achieved:

End of “no-fault” evictions: tenancies move towards a single rolling model. You will need a valid ground to end a tenancy and must follow the correct process.
More security and flexibility for tenants: tenants will generally be able to end a tenancy on notice; landlords must show a valid ground and comply with new notice rules.
Stricter rent rules: increases will usually be limited to once every 12 months and must remain broadly in line with the local market.
Minimum standards and enforcement: there will be a stronger focus on tackling serious hazards such as damp and mould, with more robust penalties where standards are not met.
Non-discrimination: policies and adverts must avoid language that excludes families or those who receive benefits. Keep criteria neutral and objective while you progress valid grounds and notices for possession.
Payments and “rent bidding”: payment practices will be more tightly regulated, but for landlords planning an exit, the bigger issue is timing and evidence for possession.
Pets: tenant rights around pets will be clearer. If possession is your goal, keep communications reasonable while you progress the correct notices.

Implementation timeline: when the Act comes into force

The government has announced that the first tranche of provisions will take effect on 1 May 2026, including:

the prohibition on “no fault” evictions
the transfer of all Assured Shorthold Tenancies into new Periodic Tenancies
the limit to payment of rent in advance to one month
restrictions on rent increases (limited to one per year)
an increase from one to two months’ notice required for tenants to terminate their tenancy

The remaining provisions will be introduced in two further phases. From late 2026, a Database of Private Rented Sector properties will bring together key information for landlords, tenants and councils, and a Landlord Ombudsman for the PRS will be introduced to improve early, low-cost dispute resolution. A third phase will focus on raising standards through the extension of Awaab’s Law and a modernised Decent Homes Standard to the private rented sector, with timings subject to consultation.

If you plan to recover possession under the current regime, take early advice so notices and evidence are in order before 1 May 2026.

Practical steps to recover possession with lower risk

Map your ground. Decide which ground applies and sanity-check the evidence needed for each.
Get notices right, first time. Use the correct form and notice period. Time-stamp service, keep proof, and diary key dates.
Build your evidence pack. Rent schedules, correspondence, inspection notes, photos, contractor reports and any complaint history. Clear, dated records shorten disputes.
Plan the timeline. Count backwards from 1 May 2026. Factor in notice, issue, and potential hearing windows, plus settlement opportunities.
Triage arrears and behaviour cases. Separate serious or persistent arrears and anti-social behaviour for faster action and early engagement where appropriate.
Coordinate with your agent. Give written instructions for communications, access requests and repairs while notices are running to avoid allegations of retaliation or harassment.

How Butcher & Barlow can help

If you need advice on bringing a tenancy to an end or resolving a dispute, please get in touch with our Property Dispute Resolution Team, who will be happy to have a no obligation discussion about your options.

Please note: we do not draft residential Assured Shorthold Tenancies or undertake pre-emptive document reviews.

FAQs

What evidence should landlords keep to support a possession claim?
A. Keep a dated rent schedule, copies of notices and proof of service, inspection notes, photos, contractor reports, email and message logs, and any complaint history. Clear, organised, time-stamped records make notices safer and hearings shorter.
Can a tenant’s repair complaint block a possession claim?
A. A genuine, unresolved disrepair issue can complicate timings and remedies. Record your responses and works orders, keep access notes, and progress repairs in parallel with notices to reduce “retaliation” arguments.
How should landlords serve possession notices safely?
A. Follow the method set out in the tenancy and use at least two routes (for example, post plus hand delivery). Keep certificates of posting, delivery photos, and a short service note with date, time and location.
Can landlords use email or portals to serve notices?
A. Only if the tenancy allows it and you can prove receipt. If in doubt, serve by the contractual method and add email or portal for visibility. Always keep a service log.
What if the tenant has disappeared (abandonment)?
A. Do not change locks without a lawful basis. Keep attendance notes, speak to neighbours where appropriate, and consider formal steps to confirm abandonment or proceed on a valid ground with proper service.
Can a landlord seek possession for redevelopment or sale?
A. Yes, where a valid ground applies. Keep dated evidence of intention (agent terms, board minutes, funding, contractor proposals) and plan timelines early to align with notice periods and court availability.
How do arrears and payment plans affect possession?
A. Serious or persistent arrears support certain grounds. Keep a clear ledger, offer sensible payment options where appropriate, and record all proposals and responses. Accepting a plan does not waive the history.
Do HMOs or student lets change the approach?
A. The possession framework still applies. HMO licensing and local rules sit alongside it. Ensure licences, safety docs and occupancy details are current and included in your evidence pack.
Can a break clause still help a landlord to regain possession?
A. Break clauses sit alongside statutory grounds. Check the clause conditions carefully (timing, form, compliance pre-conditions) and serve the notice exactly as drafted, as well as any statutory notice required.
What if there are unauthorised occupiers or subletting?
A. Gather proof (inspection notes, neighbour statements, entry system logs) and consider grounds for breach. Keep communications factual and avoid confrontation; progress notices and evidence methodically.
Can costs be recovered from the tenant?
A. The court can make costs orders, but recovery depends on circumstances and the tenancy. Keep costs proportionate, document your attempts to resolve issues, and consider settlement where it makes commercial sense.

The information in this article was correct at the time of publication. The information is for general guidance only. Laws and regulations may change, and the applicability of legal principles can vary based on individual circumstances. Therefore, this content should not be construed as legal advice. We recommend that you consult with a qualified legal professional to obtain advice tailored to your specific situation. For personalised guidance, please contact us directly.