Introduction
With the Renters’ Rights Act having received Royal Assent on 27th October, many landlords are understandably concerned about the future of Section 21 notices and their ability to regain possession of their properties.
While the Act sets the framework for significant changes in the private rented sector, it’s important to note that the substantive provisions are not yet in force – and crucially, there is still time for landlords to act.
Transitional arrangements: what landlords need to know
The transitional arrangements under the Act are complex, but the key message is clear: landlords can still serve Section 21 notices up until the formal commencement of the Act, which is anticipated to be in early or even post-spring 2026.
This means that, for now, the current rules remain in place, and landlords retain the ability to initiate possession proceedings under Section 21.
Key points
Section 21 notices served before Royal Assent will be treated as they have been to date. The associated assured shorthold tenancy (AST) will remain “alive” until repossession is dealt with or the application is time-barred. After Royal Assent and before Commencement, landlords can continue to serve Section 21 notices.
Possession proceedings must then be commenced within certain time frames and in most cases, no later than three months after the formal commencement of the Act. This means that, although there is still time to take steps to utilise the “no fault” eviction route, prompt action is needed.
What should landlords do now?
Given the uncertainty around the exact commencement date and the likelihood of further regulations, landlords who are considering regaining possession of their properties should act promptly. Serving a Section 21 notice now ensures that you can take advantage of the current regime and avoid being caught out by the new restrictions once the Act is fully in force.
Numerous other changes are expected to impact the private rented sector once the Act comes into force. These include:
- new rules applying to rent increases, advance payments and rental bidding
- new rights to keep a pet
- a new database of all landlords and a new Tenants’ Complaints Ombudsman
- the Decent Homes Standard and “Awaab’s Law” will apply
- new anti-discrimination laws
- increased penalties and enforcement powers
- new grounds for possession, particularly where qualifying agricultural workers need to be housed
How Clarke Willmott can help
Our litigation team is closely monitoring developments and is ready to advise landlords on the best course of action. If you are considering serving a Section 21 notice or have questions about your rights and obligations under the new Act, please get in touch. We can guide you through the transitional arrangements and help you protect your interests in this changing legal landscape.
To speak with a member of our litigation team please send an enquiry or call 0800 652 8025.
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