The rules have changed: Navigating the new reality of private renting

• 7 September 2026
• Views
• Real estate disputes

Four months on from the introduction of the Renters’ Rights Act 2025 (“the Act”), the conversation has now moved beyond what the legislation says to how it operates in practice. 

Landlords, tenants and advisers are now testing the realities of the new regime, while the sector begins to identify where the reforms have delivered clarity and where uncertainty still remains. 

We examine some of the key questions emerging for landlords and tenants and why they matter.

For landlords:

Will I be able to get back possession of my property?

This is undoubtedly the concern we hear most often from landlords.

The abolition of “no-fault” evictions has understandably caused anxiety, particularly among private landlords who relied on the flexibility of the section 21 process. Many worry that they will lose control of their property or be unable to deal effectively with problem tenancies.

However, we are not starting from scratch. The social housing sector has operated under assured tenancies for many years, and the courts have already provided useful guidance on a number of these issues. The direction of travel is clear: courts are likely to expect strong evidence, good record-keeping and strict compliance with procedural requirements. Landlords will need to show not only that a valid ground for possession exists, but also that the correct process has been followed throughout. As a result, possession claims are likely to become more evidence-heavy and take longer to progress through the courts.

There is also greater litigation risk. For example, even where a landlord successfully establishes a discretionary ground for possession (being grounds 9 – 18), the court is not required to grant a possession order. Judges retain discretion and may allow a tenant to remain in occupation of the property subject to certain conditions. As a result, the quality of the evidence and the way a case is presented will be more important than ever.

For professional landlords and institutional investors, this may mean refining existing systems and processes. For smaller landlords, particularly those managing one or two properties themselves, the impact could be more significant. A landlord who cannot produce clear records or supporting evidence may face delays, increased legal costs, or an unsuccessful claim.

Will I be able to raise the rent?

While the legislation is designed to protect tenants from unexpected or excessive rent increases, it also seeks to preserve landlords’ ability to charge a market rent. 

Although landlords can no longer rely on contractual rent review provisions, rent increases can be made through a statutory process under Housing Act 1988. Tenants can then challenge a proposed rent increase in the tribunal, placing greater emphasis on landlords to demonstrate that any increase is justified and reflects the market.

The tribunal will therefore play a central role in balancing the tenants’ protections in the Act with landlords’ ability to achieve market rents.

Before the Act came into force, there was widespread concern that the tribunal system could be overwhelmed by challenges to proposed rents. However, one of the first post-Act decisions, Shebalkov v Get Living London EV N06 Limited, is reassuring.

In that case, a build-to-rent landlord served a section 13 notice on 30 May 2026 proposing a rent increase from 20 August 2026. The tenant referred the matter to the tribunal two days later. By 17 July 2026, the tribunal had determined that the proposed rent reflected the market rent and allowed the increase to take effect on the landlord’s proposed date. The tenant’s challenge did not delay the rent increase at all. 

The case is also notable for its approach to evidence. The tribunal preferred the landlord’s evidence of actual achieved rents over the tenant’s evidence of advertised asking rents, particularly as the comparable properties were in the same development and close to the valuation date. This is an encouraging early indication for landlords which suggests those with access to robust lettings data and evidence of achieved rents may be well-placed to justify proposed rents before the tribunal.

The importance of robust comparable evidence was reinforced by the recent Upper Tribunal decision in Choudhury v Madej. In that case, the Upper Tribunal allowed the landlord’s appeal, finding that the First-tier Tribunal (“FTT”) had not adequately explained how it assessed the comparable evidence when determining market rent. The Upper Tribunal also held that the FTT had placed inappropriate weight on the property’s condition and state of neglect when assessing its market value.

If the speed and certainty seen in these recent cases becomes the norm, fears that tribunal referrals will routinely delay rent increases may prove overstated. The key unanswered question is whether tenants will make widespread use of the new referral process and, if they do, whether the tribunal system can cope with the volume of cases that follows.

If a section 21 notice has already been served and proceedings issued at court, how long will it take to get possession of my property?

The last of the section 21 notices had to be served by 30 April 2026, with possession proceedings issued on those notices by no later than 31 July 2026. The remaining cases are now gradually working their way through the courts, although significant delays are being experienced due to the volume of claims still being dealt with under the old regime.

One case to watch closely is Harker v Hubert, a section 21 case that is due to be heard at the Supreme Court in early 2027. The Supreme Court’s decision will provide important guidance on the tricky issue of gas safety certificates in these legacy section 21 cases.

This case concerns a London property that had been let to the same tenants since 2007 under various ASTs. 

In November 2023, the landlords served a section 21 notice seeking possession of the property. The tenants challenged the notice, arguing that it was invalid because they had never been provided with a pre-occupation gas safety certificate, as required by the Gas Safety (Installation and Use) Regulations 1998.

Since 2015, landlords have been unable to rely on section 21 where certain prescribed requirements, including gas safety obligations, have not been met due to the introduction of the Deregulations Act 2015. The dispute looks at whether this failure for a pre-2015 tenancy prevented the landlords from serving a valid section 21 notice under the Housing Act 1988.

At first instance, the court found in favour of the landlord and granted a possession order. However, the tenants successfully appealed, with the High Court and subsequently the Court of Appeal holding that the failure to provide the pre-occupation 2007 gas safety certificate invalidated the section 21 notice.

The landlord has now appealed to the Supreme Court, seeking to reinstate the original possession order. The decision is expected to provide important guidance on the retrospective effect of the Deregulation Act 2015 and whether the historic breach for tenancies commencing before 2015 to provide a pre-occupation gas safety certificate can permanently prevent landlords from relying on the section 21 procedure.

For tenants:

Can I be confident that my home is a safe and decent place to live?

For many tenants, this is the issue that matters most. Beyond legal reforms and policy changes, people want to know that their home is safe, warm, well maintained and free from hazards. Tenants understandably want confidence that landlords will continue to invest in their properties, deal with repairs promptly and provide a good standard of accommodation.

The Act places a much greater focus on property standards and tenant protection. It has already introduced stronger enforcement and investigatory powers, together with more significant penalties for landlords whose properties contain serious health hazards. How actively local authorities will use those powers in practice remains to be seen.

Further changes are also on the horizon. The new Private Rented Sector (PRS) Database is expected to launch later this year, giving landlords a way to demonstrate compliance with key obligations such as gas safety, electrical safety and licensing requirements. Updated electrical safety standards are also due to be published in November 2026. Landlords who fail to register on the database may face financial penalties and, importantly, could lose the ability to recover possession of their properties.

At the same time, support for tenants is increasing. On 6 August 2026, the Mayor of London announced a £400,000 Renters’ Rights Enforcement Fund to expand advice, support and advocacy services for private renters across the capital. The aim is to help tenants better understand their rights and give them the confidence to enforce them when needed.

As the market adjusts to these significant changes, one principle remains the same: providing safe, decent and professionally managed homes is fundamental to building trust and confidence for both tenants and landlords.

Can I get out of my tenancy agreement?

While much of the debate has focused on a landlord’s ability to regain possession, many tenants are equally concerned about having the freedom to move when their circumstances change. Increased tenant protection does not necessarily mean tenants want to stay in one property for longer. Many renters value flexibility and need the ability to relocate for work, family or financial reasons.

The reforms recognise this reality. Modern renters often want housing arrangements that can adapt as their lives change. The challenge will be balancing that flexibility with the certainty landlords need to manage their properties and investment decisions.

However, the new system may create an unexpected trap for some tenants. Fixed-term assured shorthold tenancies have now been replaced by periodic tenancies, meaning there is no longer a fixed end date when a tenancy expires. 

As a result, tenants who wish to leave must take active steps to bring the tenancy to an end. In most cases, this will require serving a valid written notice on their landlord and giving at least two months’ notice in accordance with the tenancy agreement. The notice must be served correctly, as landlords are not obliged to accept an invalid notice. If a mistake is made, the tenancy may continue and the tenant could remain liable for rent and other obligations until the tenancy is properly terminated.

While the new regime offers tenants greater security, it also places greater responsibility on them to understand how and when to end their tenancy correctly.

Final thoughts

Four months into the new regime, early signs of the Act’s impact are becoming apparent. Its ultimate success, however, will depend on whether the reforms create a fairer, more stable and predictable private rented sector in the long term.

The practical operation of the new regime will become clearer as the courts and tribunals consider and interpret its provisions. In the meantime, landlords and tenants will need to navigate a degree of uncertainty. As the emphasis shifts towards evidence, record keeping and procedural compliance, those who understand the new rules and adapt their practices accordingly will be best placed to protect their interests.