Solicitor Shabnam Shekarian explores the Renters’ Rights Bill, explaining its significance in the changing regulatory environment and offering guidance to landlords on how to respond, in FT Adviser.

Shabnam’s article was published in FT Adviser, 7 August, and can be found here.

This policy shift represents a pivotal moment in housing regulation, reflecting the government’s recognition of the vital role landlords play in ensuring a stable and functional rental market.

By elevating housing security to a matter of public interest, the approach seeks to foster a more transparent and accountable framework; one that supports responsible landlords in providing quality accommodation, while promoting fairness and long-term stability for all parties involved.

More than a year since the launch of their manifesto, section 21 of the Housing Act 1988 remains in force.

However, as is often the case, the legislative process has proven more complex than anticipated, delayed in part due to amendments introduced in the House of Lords prior to the summer recess.

As matters currently stand, the House of Commons is due to debate the proposed amendments on September 8 2025, with Royal Assent expected thereafter.

Some political observers suggest that the government may seek to finalise the legislation ahead of the Labour party annual conference later that month.

A six-month lead time is anticipated, meaning the principal provisions may not take effect until spring 2026.

That said, some elements — most notably the abolition of section 21 — could be brought into force more rapidly for political effect, potentially as early as the end of September 2025. 

This could create uncertainty for landlords, who may be required to adjust their practices at short notice and face differing compliance timelines depending on when specific provisions come into force.

It is important to note that the abolition of no-fault evictions forms just one part of a broader legislative package.

Additional measures include enhanced rights for tenants, such as the right to keep pets, each of which will have operational and compliance implications for landlords.

The bill also introduces new enforcement mechanisms, including increased funding for local authorities to regulate landlord conduct more proactively.

Penalties for non-compliance with basic tenancy requirements are expected to increase, alongside new registration and database obligations designed to improve transparency across the sector.

Moreover, the government is expected to issue accompanying guidance to clarify how courts should interpret certain discretionary grounds, with the aim of promoting consistency in possession claims.

Another area of potential complexity lies in how transitional provisions will be applied to existing tenancies.

The government has suggested that all assured shorthold tenancies will eventually be converted into the new periodic model, however, it has yet to confirm whether this will occur automatically or via legislative triggers.

As such, both legal practitioners and landlords will need to monitor closely how and when these transitions are implemented.

Expanding compliance and dispute resolution

Further, the role of dispute resolution mechanisms is likely to expand as a result of these reforms.

In addition to formal court proceedings, it is expected that alternative dispute resolution schemes will be promoted to resolve disagreements over rent increases, repairs, or possession notices.

This reflects a wider governmental aim to reduce pressure on the court system while offering tenants and landlords a less adversarial path to resolution.

For letting agents, the bill is also set to introduce new compliance duties, particularly around the provision of prescribed information and oversight of tenancy documentation.

Failure to meet these standards could expose agencies to regulatory sanction or litigation.

As a result of this, industry bodies have already begun to urge their members to begin reviewing internal processes in anticipation of the new legal regime.

In practical terms, once the legislation is in force, landlords will face a more restrictive and procedurally burdensome process in seeking possession from tenants.

Those wishing to rely on the current regime should take proactive steps without delay.

Section 21: What landlords should do as a matter of urgency

With time running out for taking advantage of this legislation before it is abolished, landlords considering possession proceedings under section 21 should do so as a matter of urgency.  

Although still technically in force, use of this procedure requires strict compliance with regulatory requirements.

As the government notes: “You must follow strict procedures if you want your tenants to leave your property.”

This guidance focuses on England, as housing law diverges across the UK’s devolved administrations.

Under current rules, a section 21 notice may be served either:

• at the end of a fixed-term tenancy (where a written agreement exists); or

• during a statutory periodic tenancy (where no fixed term is in place).

Where the tenant has breached the tenancy terms, landlords should instead rely on section eight of the Housing Act 1988.

However, a section 21 notice will only be valid if specific conditions have been satisfied, including:

• The tenancy must be at least four months old.

• The landlord must have protected the tenant’s deposit in an approved scheme (for post-April 2007 tenancies).

• The local authority must not have served an improvement or emergency works notice within the preceding six months.

• No unlawful fees or deposits must remain unpaid.

• Where required, the property must hold an appropriate HMO licence.