Perhaps the biggest ‘headline’ issue about the Renters Rights Act is the abolition of section 21.
As all political parties have committed to it, it was inevitably going to happen, and a Labour election victory ensured it would happen sooner rather than later.
As I discuss in my history post about section 21, it was brought in by the Thatcher Government in 1988 to revitalise the then moribund private rented sector. It succeeded spectacularly well.
But back in the 1980s, no one had foreseen the problems it would bring – the worst being retaliatory eviction.
Although section 21 is going, at the time of writing, it has not gone yet. Even when the Renters’ Rights Act comes into force, it will linger on for three months while those notices still in existence are either used or allowed to lapse.
NB, at the time of writing, the commencement date for the main clauses in the Act is unknown but is expected to be in early 2026.
So what are my tips?
My first tip – Act Now If You Have Problem Tenants
This tip is for landlords who have unsatisfactory tenants. Your time for using section 21 is limited!
Plus, if you want to evict using section 21, make sure you instruct specialist solicitors. Don’t try to do it yourself. I would advise also against ‘eviction experts’ who are not solicitors.
If you make a mistake, you may have lost the chance to use section 21 forever. This is far less likely to happen with a decent firm of solicitors who know what they are doing (and if they do make a mistake, you can claim against their insurance!).
Landlord Law members can use our guidance and special forms to instruct recommended solicitors.
My second tip – Screen New Tenants Carefully
This is for landlords looking for new tenants. Be very, very careful.
If, after the Act comes into force, you find you have a bad tenant, or God help you, a rogue or criminal tenant, it is going to be more difficult and take longer to evict them.
Yes, there are the new no-fault grounds of taking the property back to sell or live in yourself. But if you DON’T sell it or live in it yourself, but re-let it – you can expect Local Authority fines and claims for Rent Repayment Orders from your ex-tenants.
Remember, the limit for rent repayment orders is going up to two years’ worth of rent. A phenomenal amount of money. Meaning you can kiss goodbye to any profit, and you may need to sell the property to pay them off.
We have guidance on choosing tenants on my Landlord Law service.
My third tip – Advice for Tenants – Stay Put and Stay Calm
This is for tenants. Hang on in there. Don’t do anything to annoy your landlord. If they think you are trouble, they will be looking to use section 21 while they can.
If you are evicted, it is going to be harder to find anywhere else to live, as many landlords are exiting the sector. Those that remain will be super picky.
So, assuming you like your current home, stay there and be good.
Once the new Act comes into force, you will be much more secure, and may even be able to keep a pet!
I’ll be back again shortly with more tips. Let me know in the comments if there is anything in particular you want me to cover.
We’ll be more secure? I haven’t been keeping up but no S21 (actually not as easy as landlords think it is) *and* no fixed terms, and the ability to evict for sale…
What stops me being evicted at the drop of a hat? What must the landlord do if he does want to evict me in order to sell?
You can’t be evicted (because the landlord wants to sell) during the first year of the tenancy. The Landlord will have to give you a four-month notice before they can start proceedings. And remember that it takes six months to a year to get a possession claim through the courts.
So, hardly at the drop of a hat!
Then, if you find out that the landlord (who got possession because he claimed he wanted to sell) has actually re-let the property within 12 months of service of the notice, you will be able to bring a claim for a Rent Repayment Order for up to 2 years’ worth of rent.
Thanks. I’m many years into, I guess, multiple tenancies with three landlords. Presumably the change in the law doesn’t reset things so I’m in my first year?
My current landlord doesn’t want to take the flat into retirement with him, but we went with another year, though he described that as the kicking the can down the road option.
The latest contract came into effect early this summer I think.
If your fixed term ends after the commencement of the Renters Rights Act 2025 you should be protected by the new rules.
Thanks.