Today is the Day that the Renters Rights Act 2025 commences.
What does that mean for private landlords …
They can no longer rely on the s21 ‘no fault’ possession procedure to recover their properties and will instead, in most cases, need to rely on the s8 possession procedure and one or more of the Grounds for possession contained in Schedule 2 of the Housing Act 1988 (as amended).
The main Grounds for Possession that private landlords are now likely to utilise are:
- Ground 1 – the landlord or a family member needs to move into the property
- Ground 1A – the landlord needs to sell the property
- Ground 8 – 3 months’ worth of rent arrears
- Ground 10 – some rent arrears
- Ground 11 – persistent delay paying rent
- Ground 12 – breach of tenancy
- Ground 14 – anti social behaviour
A new prescribed form of Notice of Seeking Possession has been introduced and must be used from today.
If a deposit was taken this must be protected and the prescribed information given to the tenant before the landlord can rely on the s8 procedure unless the reason for possession is anti-social behaviour.
Any fixed term assured shorthold tenancy agreements have today automatically become assured periodic tenancies and tenants can no longer be asked to sign fixed term agreements.
Instead, tenants will need to give 2 months’ notice to quit to terminate their periodic tenancy agreement although if their existing tenancy agreement allows for them to only give 1 months’ notice this will prevail. Any tenancy agreement requiring tenants to give more than 2 months’ notice will not apply.
A Written Statement of Terms will need to be included in all new tenancy agreements or be provided as a separate document, and the Information Sheet needs to be provided to all existing tenants by 31 May 2026.
If a tenant asks for a pet the landlord will no longer be able to apply a blanket no pets policy. A request cannot be unreasonably refused and there are strict timescales and requirements when dealing with and responding to the request.
Rent in advance can no longer be requested or received even if the tenant asks to pay the rent in this way.
Landlords and tenants can also no longer just agree rent increases. From today if the rent isn’t increased using the new prescribed rent increase notice giving tenants 2 months’ notice then it will not have increased, even if the tenant agrees and pays it.
If you are a landlord and you need any assistance navigating this new landscape please get in touch.
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