Renters Rights Act- it’s not all doom and gloom

Enhanced and expanded grounds for possession 

One of the most significant benefits for landlords under the new regime is the strengthening and expansion of some of the grounds for possession under Section 8 of the Housing Act 1988. The Act introduces new mandatory grounds and revises existing ones, providing landlords with new and amended routes to recover their properties in legitimate circumstances, covering gaps which were present in the previous law. A key change is the introduction of Ground 1A, allowing landlords to recover possession where they genuinely intend to sell their property, replacing the previous reliance on "no-fault" evictions with a clearer, more transparent legal route. Landlords can also use the revised Ground 1 to repossess a property not only for their own occupation but for a wider range of family members. The court must order possession  where the relevant criteria are met but cannot be used within the first 12 months of a tenancy. 

An opportunity to professionalise 

The private rented sector has grown significantly over the past two decades, bringing greater scrutiny and responsibility. The Act should be seen not simply as a new set of obligations, but as an opportunity for landlords to professionalise their approach. Those who already treat their lettings as a business, with robust systems, clear documentation and proactive property management, will find the transition relatively straightforward. For others, the period before full implementation provides a valuable opportunity to improve practices and ensure compliance.

The right to keep pets, a measured reform

One provision that has caused concern among some landlords is the new right for tenants to request permission to keep a pet. This is not an unrestricted right. Tenants may make a written request, which landlords must not unreasonably refuse. However, landlords can still refuse where there are genuine and proportionate reasons. Landlords may also retain part of the deposit to cover pet damage. Clear written policies should be in place (subject to not contradicting the Act), with all decisions documented and handled in line with the new legislation.

Reforms yet to be implemented 

Three key reforms under the Act are still to come into force. First, the Private Rented Sector Ombudsman will provide landlords with an alternative to court proceedings, helping resolve disputes fairly and efficiently. 

Second, a mandatory national database will require all private landlords and rental properties to be registered. While introducing additional administration, it will improve transparency and provide a single source of information on regulatory obligations, helping reduce inadvertent non-compliance.

Third, the Decent Homes Standard will extend to the private rented sector, creating a clear national benchmark for property conditions. This will replace inconsistent local enforcement with uniform standards, giving landlords greater certainty when planning maintenance and improvements. For landlords already meeting high standards, these reforms should create a fairer, more consistent regulatory environment. Until the detailed regulations are published, landlords should use this time to review their properties and address any obvious issues.

Looking ahead 

Even though some of the phases are still to be rolled out, landlords should already be preparing. 

First, review your property portfolio to ensure every property complies with current legal requirements and identify any necessary improvements. New tenancy agreements should also be updated to reflect the new legislative framework, including the move to periodic tenancies and revised grounds for possession.

Second, keep track of key compliance dates. Gas safety certificates, electrical installation condition reports and Energy Performance Certificates all expire, and failing to renew them can restrict a landlord's ability to recover possession. Maintaining a simple compliance calendar can help avoid costly oversights.

Finally, ensure all tenancy related documents are served correctly with a clear record of service i.e deposit protection information, gas safety certificate, and Energy Performance Certificates. Failure to provide the required documentation may prevent a landlord from recovering possession.

Georgina Beavis, Associate Solicitor in the Real Estate Litigation team at Blacks