If you’re a landlord who’s been hearing whispers (and headlines) about the new Renters’ Rights Act, yes — it’s real, it’s big, and it’s arriving in phases.

In this article Solicitor Leigh Prebble-Benn a member of  our experienced Litigation and Disputes team discusses how the Act the three implementation phases, what happens to the notorious Section 21 “no-fault” eviction, the penalties for non-compliance, and what practical steps landlords can take to protect their position.

If you are a Tenant  or Landlord and are impacted by any of the issues raised please contact your local Kingsfords office in Ashford, Cranbrook or Hythe to discuss how we can help. Alternatively, you can Get In Touch via our website enquiry icon, or by calling us on 01233 665544.

Quick timeline — the three phases in summary.

1. Phase 1 — Tenancy Reform. (Commencement 1 May 2026): The headline change: fixed-term assured shorthold tenancies (“ASTs”) are abolished and Section 21 no-fault evictions are ended. Most tenancies will convert to assured periodic tenancies and new possession rules will apply.
2. Phase 2 — System & Oversight. (Late 2026): Launch of structural reforms such as a Private Rented Sector (“PRS”) database and a PRS Landlord Ombudsman; more reporting and enforcement mechanisms follow. 
3. Phase 3 — Raising Standards. (Longer term; circa 2030s): Measures to raise property standards (including consultation on extending a Decent Homes Standard in the PRS) are scheduled much later — some items are subject to further consultation and multi-year roll-out. 

(Yes, it does feel like a rental revolution in three acts.)

Section 21 — what changes and the transitional rules?

Section 21 notices (the old “give two months, no reason needed” route) are being abolished as part of Phase 1. That means: no new Section 21 notices may be served from the commencement date and after a short transitional window, the courts will not accept fresh possession claims under Section 21. There are transitional provisions so that valid notices served before commencement can still be processed — but deadlines for issuing possession claims apply. In short: don’t delay if you have valid, already-served notices — but don’t expect Section 21 to be an option after the transition ends. 

What replaces it? The regime strengthens and refines the Section 8 grounds (fault-based and mandatory grounds), meaning landlords must use specified legal grounds for possession and follow appropriate procedure.

Landlords Beware : Penalties for non-compliance.

The Act significantly strengthens enforcement. Local housing authorities will have new and enhanced powers to investigate and impose penalties. Typical enforcement tools include:

• Civil penalties (large-scale fines) for breaches — guidance points to increased maximum penalties and local authorities have statutory guidance on imposing civil penalties. Figures quoted by expert commentary include maximums up to the tens of thousands depending on the breach and whether it is repeated or serious; the Act also expands rent-repayment order powers. 
• Rent Repayment Orders — tenants (or local authorities) may be able to recover rent for specified breaches; the Act extends and strengthens these powers. 
• Criminal prosecution for the most serious or persistent breaches, which can carry unlimited fines and other consequences. 

Different local authorities may set their own penalty policies within the statutory framework (so penalties can vary in practice). Bottom line: non-compliance is now both more likely to be pursued and much more expensive if pursued.

Practical steps landlords must take (and some mitigation tips)

Think of the next 6-9  months as “prepare, tidy, and document” season.

1. Review and update paperwork now. 

Ensure tenancy paperwork, inventories, prescribed information and deposit protection details are correct. The new system expects clear, compliant documentation; mistakes can attract penalties. 

2. Serve any legitimate Section 21 notices now (only if appropriate) — It really makes sense to secure legal advice. 

If you believe Section 21 is the right route for a live situation, check the rules in force (timings and validity) and act promptly where appropriate — and ethically. But don’t rush to serve S21 as a reflex; it will shortly be history and misuse may create enforcement risk. Speak to us.

3. Prepare to rely on Section 8 grounds. 

Strengthen your record-keeping (rent statements, communications, notices served, evidence of breaches). Expect courts to assess possession claims based on detailed factual evidence — so keep your receipts, including dated emails, notice copies and inspection records. 

4. Register and engage with new systems. 

Phase 2 will introduce a PRS database and ombudsman obligations. Budget time to register and comply with reporting duties once the database/ombudsman launches. 

5. Fix urgent repair and safety failings — sooner rather than later. 

Many enforcement actions start from poor property condition. Get gas/electrical/energy performance and safety checks up-to-date and remedy any issues quickly. (Not glamorous, but cheaper than fines)!

6. Check insurance and professional support. 

Update any legal expenses and landlord insurance; consider membership with landlord associations and we would advise you to let a solicitor-review your templates. A wise landlord is an insured and informed landlord!

7. Adopt dispute-avoidance practices. 

Communicate proactively with tenants, offer mediation, and use clear tenancy handovers. Many landlords find good communication avoids claims — and keeps everyone happier (and less likely to involve enforcement officers).

What Mitigation Measures Landlords Can Invoke.

• Early remedial action: fix problems quickly, document repairs, and communicate timelines in writing.
• Offer alternative dispute resolution: mediation or arbitration can trump long, expensive court fights.
• Use professional inventory and check-in/out services: quality evidence reduces dispute risk.
• Legal review of notices and procedures: Secure Legal advice and sign-off on any Section 8 notices after the S21 era ends.
• Engage a letting agent or lawyer: their procedural experience is worth the fee when the stakes are higher.

Final word

The Renters’ Rights Act rewrites the landlord-tenant playbook. For landlords, the message is simple: tidy your paperwork, sort the property, and improve communication — and always have a specialist local solicitor on hand to help. The aim is to protect tenants from unfair evictions, while still giving landlords lawful routes to regain possession and run properties responsibly. Think of it as moving from “pop-up theatre” to a proper stage production — same actors, clearer script, and stricter ushers at the door.

Contact Us

Whether you are a Landlord concerned about these issues, Leigh Prebble-Benn (and our  Litigation Disputes Team)  can review your tenancy paperwork, advise on any live Section 21 issues under the transitional rules, or draft compliant Section 8 strategies for the post-May-2026 world. Please contact your local Kingsfords office in Ashford, Cranbrook or Hythe. Alternatively, you can click on the “Get in Touch” icon on the right hand side of our Website to send an enquiry and a member of our team will get back to you promptly. You can also call us directly on 01233 665544  where we will be happy to discuss your concerns without obligation.