Quick Answers
Is Section 21 actually gone?
Yes — from commencement, Section 21 notices cannot be served in England. Any notice served after that date is void. Landlords must use the revised Section 8 grounds for all possession action, regardless of tenancy type or when the tenancy started.
Do my existing tenants have to sign new agreements?
No. Existing assured shorthold tenancies convert automatically to periodic tenancies under the new regime. You do not need new agreements — but your existing agreements' fixed-term provisions and Section 21 clauses are now legally inoperative.
Can I still evict a tenant who isn't paying rent?
Yes — Ground 8 (two months' rent arrears, mandatory) remains available. The route changes but the right does not disappear. Serve a valid Section 8 notice citing Ground 8, wait the notice period, then apply to court if the tenant does not leave or clear the arrears.
The short answer: The Renters' Rights Act has commenced. Three things changed immediately on day one: Section 21 is abolished (for all tenancies, new and existing), all ASTs are now periodic, and the new Section 8 grounds apply to all possession action. The Tenant Information Sheet obligation and PRS Landlord Database registration are also live.
What has not changed: landlords can still recover possession — the grounds and process are different, not eliminated. Rent increases are still possible — the mechanism is different. The fundamental relationship between landlord and tenant continues; the legal framework governing it has shifted significantly.
Key Takeaways
Section 21 is gone for every tenancy — including those already in existence
There is no grandfathering. Tenancies created before commencement are subject to the new regime from the commencement date. A landlord who served a Section 21 notice before commencement and is still within the notice period needs legal advice urgently — the position on pre-commencement notices in process at commencement is a transitional issue that requires specific legal guidance.
Section 8 is the only possession route — and it requires valid prescribed information
To serve a valid Section 8 notice, a landlord must already have served the prescribed documents (EPC, Gas Safety Certificate, How to Rent guide replacement). A landlord who has not served these cannot serve a valid Section 8 notice until they do — and the restriction does not lift retrospectively for notices served before compliance was achieved.
The Tenant Information Sheet is now a hard prerequisite for possession
The Tenant Information Sheet — the replacement for the How to Rent guide — must be served on all existing tenants by the prescribed deadline. Failure to serve it blocks a landlord's ability to serve a valid Section 8 notice. Unlike the old How to Rent position, the restriction on possession applies until the sheet is properly served.
Rent increases require a Section 13 notice — contractual review clauses no longer operate
Rent review clauses in existing tenancies are superseded by the statutory mechanism. Landlords who want to increase rent must serve a Section 13 notice giving at least two months' notice of the proposed increase. Tenants can refer the proposed rent to the First-tier Tribunal for a market rent determination.
The new possession grounds include a right to sell — but with conditions
The new Ground 1A (landlord wishes to sell) is mandatory — if the ground is made out, the court must grant possession. But it comes with a four-month notice period and restrictions: landlords cannot re-let the property for 12 months after gaining possession under this ground. Using it as a pretext for eviction has consequences.
The Landlord Database is live — and non-registration is a civil penalty risk
All private landlords must register on the Private Rented Sector Landlord Database. Local authorities have enforcement powers against unregistered landlords, and tenants will be able to check their landlord's registration status. Registration is not optional or phased by landlord size — the obligation applies to all landlords from commencement.
What Changed on Day One: The Status Board
Not everything in the Renters' Rights Act commenced simultaneously — some provisions are live immediately, others are being phased in, and a few are still subject to secondary legislation. Here is the honest picture of where each major provision stands.
Status accurate as of publication date. Check gov.uk for updated commencement information on provisions marked as pending or phased.
Week 1 Myths vs Reality
The first week of major legislation is always a test of how well-prepared the sector actually was — and how much misinformation circulates. Here are the most common misunderstandings we are seeing.
"My tenants are now impossible to evict"
False. The route has changed; the right has not disappeared. Ground 8 (rent arrears), anti-social behaviour grounds, and the new grounds for selling or moving in all remain available. What has gone is the ability to evict without a stated reason — which is a different thing entirely.
Possession is still available — it requires a legitimate ground and court process
Landlords with genuine grounds — rent arrears, breach of tenancy, intent to sell, personal occupation — retain the right to recover possession. The process is more prescribed, the notice periods are longer in some cases, and the paperwork must be correct. But the right exists.
"I can still serve a Section 21 notice if the tenancy started before the Act"
False. The abolition applies to all tenancies from the commencement date — there is no grandfathering by tenancy start date. A Section 21 notice served after commencement is void, regardless of when the tenancy began.
Pre-commencement S21 notices already in process need urgent legal advice
The transitional provisions for Section 21 notices served before commencement but not yet actioned through the courts are a specific legal question. If you served a notice before commencement and have not yet obtained a possession order, take legal advice immediately — do not assume the notice remains valid.
"My tenant's fixed-term agreement still runs until December — the Act doesn't affect it"
False. All assured shorthold tenancies automatically converted to periodic tenancies from the commencement date. The fixed-term provisions are inoperative from that date. The tenancy continues — as a periodic tenancy, on rolling monthly terms.
Fixed terms ended on commencement day — all tenancies are now periodic
This is one of the most significant immediate changes. Landlords who were relying on the expiry of a fixed term as a practical mechanism for recovering possession no longer have that option. If you want possession, you need a Section 8 ground.
The New Section 8 Grounds: What Landlords Need to Know
Section 8 is now the only route to possession — and the schedule of grounds has been substantially revised. Some grounds are mandatory (the court must grant possession if the ground is made out), others are discretionary (the court decides whether it is reasonable to grant possession).
| Ground | Basis and Notice Period |
|---|---|
| Ground 1 — Owner occupation | Mandatory. Landlord or a family member requires the property as their principal home. Four months' notice required. Landlord must not re-let for 12 months after gaining possession. Mandatory |
| Ground 1A — Sale | Mandatory. Landlord intends to sell the property. Four months' notice required. Property cannot be re-let within 12 months — a restriction enforceable by the tenant through a right to damages. Mandatory (New) |
| Ground 6 — Redevelopment | Mandatory. Landlord intends to demolish or substantially redevelop and cannot do so with the tenant in occupation. Strengthened conditions apply compared to previous version. Mandatory |
| Ground 8 — Rent arrears | Mandatory. At least two months' rent arrears at the date of notice and at the date of the court hearing. Four weeks' notice required. Mandatory |
| Ground 10 / 11 — Lesser arrears / persistent arrears | Discretionary. Some rent arrears, or persistent delay in paying rent. Court assesses reasonableness. Four weeks' notice. Discretionary |
| Ground 14 — Anti-social behaviour | Discretionary (some sub-grounds mandatory). Nuisance or annoyance to neighbours or criminal behaviour. Notice can be served immediately in severe cases. Discretionary / Mandatory |
| Ground 17 — False statement | Discretionary. Tenant induced landlord to grant the tenancy by a knowingly false statement. Two months' notice. Discretionary |
A Section 8 notice is invalid — and court proceedings cannot proceed — unless the landlord has already served: the Energy Performance Certificate, the current Gas Safety Certificate (where applicable), and the Tenant Information Sheet. Missing any of these documents means the notice cannot be served validly. Serving them now does not retrospectively validate a notice served while they were outstanding — it only unlocks the ability to serve a fresh, valid notice from the date of service onwards.
What Happens to Existing Tenancies
The most immediate practical question for most landlords is what the Act does to tenancies already in place — and the answer is clear: they all convert, with immediate effect, to the new regime.
From the commencement date:
- All existing assured shorthold tenancies in England become periodic tenancies — rolling month to month, with no contractual end date
- Fixed-term clauses in existing agreements are inoperative — the fixed term does not run to its natural end
- Rent review clauses in existing tenancies are superseded by the Section 13 mechanism — even if the clause provides for an increase that would otherwise fall due
- The prohibition on rental bidding wars applies to any new tenancies from commencement
- Pet clauses that purport to prohibit pets entirely are replaced by the right for tenants to request a pet, which landlords cannot unreasonably refuse
Landlords do not need to issue new tenancy agreements. The legal conversion is automatic by statute. However, it is good practice to write to existing tenants confirming the position — the tenancy continues, on periodic terms, and the key changes (rent increase mechanism, pet rights, possession process) now apply.
The conversion to a periodic tenancy does not affect existing deposit protection arrangements. Deposits held in an approved scheme remain protected; the prescribed information already served on the tenant does not need to be re-served solely because the tenancy has converted. However, if any other prescribed information (EPC, Gas Safety Certificate, Tenant Information Sheet) has not been served, that must be corrected before any Section 8 notice can be validly served.
Rent Increases Under the New Rules
Landlords retain the right to increase rent — but only once per year, only through the statutory Section 13 notice process, and subject to a Tribunal challenge right that can cap the increase at market rent.
The mechanism works as follows:
The notice must state the proposed new rent and the date from which it is to take effect. The notice period is at least two months for monthly periodic tenancies. Only one Section 13 notice can be served in any 52-week period.
A tenant who considers the proposed rent above market rate can refer it to the Tribunal before the proposed increase date. The Tribunal will assess what the open market rent for the property is and set the rent accordingly. The Tribunal cannot set a rent higher than the landlord proposed — only at or below it.
Where no Tribunal referral is made, the rent increases to the proposed level on the date stated in the notice. Landlords should keep evidence that the proposed rent is at or below market rate — in case of a late challenge or future dispute.
Rent review clauses in existing tenancies — whether linked to RPI, CPI, or a fixed review date — are now overridden by this mechanism. Landlords who relied on contractual review clauses cannot use them: they must serve a Section 13 notice instead.
The Private Rented Sector Landlord Database
All private landlords in England must now register on the Private Rented Sector Landlord Database — often referred to as the Property Portal. Registration is not optional, it is not phased by portfolio size, and non-registration exposes landlords to civil penalties.
What registration requires:
- Landlord name and contact details
- Details of each rental property — address, number of units, current tenancy status
- Confirmation that the property meets the Decent Homes Standard requirements (enforcement is phased)
- Details of any managing agent where applicable
The database is publicly searchable — tenants can verify that their landlord is registered. Local authorities can use non-registration as an enforcement trigger. Letting agents have separate obligations to ensure landlords they work with are registered.
Where a managing agent acts for a landlord, the landlord remains responsible for registration — the obligation cannot be delegated to the agent. However, agents are required to check that landlords they manage for are registered, and face penalties if they let or manage properties for unregistered landlords. If you use a managing agent, confirm that they have checked your registration status and are not proceeding on the basis that it is someone else's problem.
What Landlords Must Do Now — in Priority Order
Go to gov.uk and register. This is the single most urgent administrative action — non-registration is a civil penalty risk from commencement, and some local authorities are already running registration checks.
If you have not already done this, do it now. Keep evidence of service — email with read receipt, or recorded post. You cannot serve a valid Section 8 notice on any tenant until this has been done.
EPC — served and in date. Gas Safety Certificate — served and renewed annually. Tenant Information Sheet — served and evidence retained. Any tenancy where any of these is missing means you cannot serve a valid Section 8 notice. Fix the gap before you need possession.
If you use template notices, standard letters, or an agent's portal — confirm that Section 21 has been removed and is not available as an option. A Section 21 notice served now is void and could expose you to a harassment or improper eviction claim.
If you need possession for any reason — rent arrears, personal occupation, sale — identify the correct ground, the applicable notice period, and what evidence you need to support the ground. Do not serve a notice without understanding which ground applies and whether your evidence supports it.
All landlords must be members of the approved Ombudsman scheme. If you use a managing agent who is already registered, confirm your coverage. If you manage directly, register as an individual landlord member.
The landlords who are most at risk this week are not those with difficult tenants — they are those who have been sitting on outstanding compliance gaps (no Tenant Information Sheet served, EPC not refreshed, no gas safety certificate) and assumed those gaps would only matter if they needed to serve a Section 21. Those landlords now have no possession route until they fix the paperwork, and Section 8 requires the same prescribed information as Section 21 did. The compliance gaps have not become less important — they have become the only thing standing between a landlord and a completely blocked possession route.
Frequently Asked Questions
Yes. From the Renters' Rights Act commencement date, landlords in England can no longer serve a Section 21 notice to recover possession of a private rented property. This applies to all tenancies — both new tenancies created after commencement and existing assured shorthold tenancies that convert automatically to the new periodic regime.
Any Section 21 notice served after the commencement date is invalid. Possession must now be sought under one of the revised Section 8 grounds.
Existing assured shorthold tenancies — including those mid-fixed-term — automatically convert to periodic tenancies under the new regime from the Renters' Rights Act commencement date. The fixed-term contractual provisions cease to operate; the tenancy continues on a rolling monthly periodic basis.
Landlords cannot end a fixed term early using Section 21 after commencement — they must use the new Section 8 grounds if they wish to seek possession.
The Renters' Rights Act replaces the old Section 8 schedule with revised and new mandatory and discretionary grounds. Key new mandatory grounds include Ground 1A (landlord wishes to sell) and a strengthened Ground 1 (landlord or family member wishes to move in).
Existing grounds for rent arrears (Ground 8, mandatory at two months arrears) and anti-social behaviour continue with modifications. Landlords must use the correct ground, serve a valid notice, and bring possession proceedings through the courts if the tenant does not vacate.
Yes — but only through the new statutory rent increase mechanism. Landlords can increase rent once per year by serving a Section 13 notice proposing a new rent. Tenants have the right to challenge the proposed rent at a First-tier Tribunal, which will assess whether it is at or below the open market rent for the property.
Rent review clauses in existing tenancies are superseded by this mechanism — landlords cannot use a contractual clause to increase rent; they must use Section 13.
Yes — all private landlords in England are required to register on the Private Rented Sector Landlord Database. Registration details include the landlord's name and contact information, and details of each rental property.
Landlords who fail to register face civil penalties. Check gov.uk for the current registration requirements and process.
Prioritise in this order: register on the PRS Landlord Database; serve the Tenant Information Sheet on all existing tenants; audit prescribed information compliance (EPC, Gas Safety Certificate, Tenant Information Sheet) for every tenancy; remove Section 21 from any templates or processes; and familiarise yourself with the Section 8 grounds and notice periods before you need to use them.
Landlords managing properties through an agent should confirm their agent has updated all templates, processes, and communications to reflect the new regime.
Not sure where your compliance stands under the new Act?
Neon manages residential properties across London and Essex under the new Renters' Rights Act framework. If you are uncertain about your prescribed information position, your possession options, or what the Act means for your specific tenancies, talk to us.
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