Thursday Housing Update Number 7 Renters Rights Act - one more sleep!
A change 37 years in the waiting...
In early 1989 I did one of my first lectures to other solicitors. It was for Liverpool Law Society and was all about the 1988 Housing Act. There was one subject that everyone wanted to talk about – the ‘new rule’ under s21 that meant that landlords could evict tenants for no reason. There was the terrifying possibility that some landlords might evict tenants for bringing an action for disrepair. And we were right. Revenge evictions, in fact just the fear of revenge evictions, deterred many tenants from doing anything.
A 2018 Survey from Citizens Advice reported that 44% of tenants said that fear of eviction would stop them from taking action. In 1 days’ time, this will end! The imminent implementation of the Renters Rights Act 2025 will finally see the abolition of Assured Shorthold Tenancies, which in turn will see the end of the dreaded s21.
Just to clarify how this will work. The Renter’s Rights Act does not contain the words –
S21 Housing Act 1988 is hereby abolished
What it actually does is fundamentally change the nature of relevant tenancies. Ever since early 1989 the vast majority of residential tenancies were based on the Assured Shorthold Tenancy. These are (until tomorrow!) fixed term tenancies normally for 6 months – 1 year. At the end of the term of the tenancy there were 3 scenarios –
1. The landlord could agree a new tenancy normally at a higher rent
2. The tenant could be removed under s21
3. The tenancy could roll over into a statutory assured tenancy on the same terms, but subject to the very precarious s21
What the Renters’ Rights Act does is abolish Assured Shorthold Tenancies (ASTs). S21 only ever applied to ASTs so there is no basis for that dreaded section to exist. After 30th April 2026 no valid s21 notice can be served! It is no exaggeration to say that I have waited 37 years for this!
There will still be a short period of transition. Notices can be served up to midnight tonight. Proceedings under s21 must be issued within 6 months. So, we will see an ever reducing number of cases until October. Indeed, there has been a rush by some landlords to pursue cases ahead of the deadline. In some areas, advice centres have been overrun.
But one thing is clear, after today there will be no more.
Other key changes concern
· Tighter rules for increasing rent
· Rules banning advance rent of more than 1 month
· A Ban on rental bidding
· A ban on discrimination based on refusal of tenancies concerning children and benefit claimants
The right to ask for a pet, which cannot be unreasonably refused
On a political note, I have to give credit where it is due. The Labour government is capable of doing good things when it put its mind to it.
This post is an update to help practitioners advising tenants or landlords. It is not intended to be and should not be treated as legal advice.



