What The Renters’ Rights Act Means If Your Landlord Wants You To Leave In 2026
- ATHILAW
- May 18
- 11 min read
If your landlord has told you they want you out of your rented home, you have significantly more protection in 2026 than you did just a year ago. The Renters’ Rights Act 2025 received Royal Assent on 27 October 2025, and the main private rented sector tenancy reforms came into force in England on 1 May 2026.
This is one of the biggest changes to tenant rights in a generation. If you are renting privately, you need to understand exactly where you stand before you do anything.
The key thing to know straight away is this: for most private renters in England, your landlord can no longer hand you a new Section 21 notice and ask you to leave without giving a reason. That route ended from 1 May 2026. If your landlord wants possession of the property, they must rely on one of the specific legal grounds set out in the updated Housing Act 1988, give you the correct notice, and in most cases go through the court if you do not agree to leave.
This article walks you through what the Act actually changes, what your rights are if your landlord says they want you to vacate, and when you should speak to a solicitor.
The End of Section 21 - What It Actually Means for You

Before the Renters’ Rights Act, landlords in the private rented sector could use a Section 21 notice to regain possession of their property without giving any reason at all. That has now changed for most private renters in England.
From 1 May 2026, your private landlord cannot serve a new Section 21 notice. If your landlord serves one now, it is not the correct route to evict you, and you should get advice quickly.
There is one important point to check. If you received a valid Section 21 notice before 1 May 2026, or court proceedings had already started before that date, transitional rules may apply. That is why the date of the notice matters.
Most existing assured shorthold tenancies automatically became assured periodic tenancies on 1 May 2026. New private tenancies agreed on or after that date are also assured periodic tenancies. These run on a rolling basis rather than for a fixed term. If your tenancy agreement still contains an end date, that does not usually mean your landlord can simply make you leave when that date arrives.
This means your landlord must rely on a valid possession ground if they want the property back, no matter what the original tenancy agreement said.
If your situation involves a relationship breakdown alongside your housing dispute, speaking to our family law Sheffield team early on can help you understand your full legal position, since housing and family matters often overlap in complicated ways.
What Grounds Can Your Landlord Now Use to Ask You to Leave?
Your landlord can only seek possession by relying on a ground set out in Schedule 2 of the Housing Act 1988, as updated by the Renters’ Rights Act. Some of these grounds are mandatory, meaning the court must grant possession if the ground is proven. Others are discretionary, meaning the judge will weigh up whether it is reasonable to make a possession order.
Here is a summary of the grounds most likely to affect private tenants.
Ground | Reason | Notice Period Required | Mandatory or Discretionary |
Ground 1 | Landlord or close family member wants to move in | 4 months | Mandatory |
Ground 1A | Landlord intends to sell the property | 4 months | Mandatory |
Ground 6 | Landlord intends to demolish or substantially redevelop the property | 4 months | Mandatory |
Ground 7A | Serious anti-social behaviour or certain criminal behaviour | Proceedings can begin immediately | Mandatory |
Ground 8 | At least 3 months’ rent arrears at notice and hearing | 4 weeks | Mandatory |
Ground 10 | Some rent is in arrears | 4 weeks | Discretionary |
Ground 11 | Persistent late payment of rent | 4 weeks | Discretionary |
Ground 14 | Anti-social behaviour or nuisance | Proceedings can begin immediately | Discretionary |
Ground 14ZA | Rioting-related conviction | 2 weeks | Discretionary |
There are additional grounds beyond these, including grounds relating to student accommodation, employment-linked accommodation, supported accommodation, mortgagee possession, death of a tenant, breach of tenancy, deterioration of the property, and false statements.
It is worth knowing that if your landlord uses Ground 1 or Ground 1A because they want to move in or sell, they cannot usually use those grounds to make you leave during the first 12 months of a new tenancy. They also cannot usually market or re-let the property for 12 months after using those grounds, subject to limited exceptions. This rule exists to stop landlords using these grounds as a pretext to cycle through tenants.
For general reading on how property transactions and legal rights interact, our article on understanding rights of way and easements in property purchases gives a useful sense of how property law frameworks operate in England and Wales.
Notice Periods You Must Be Aware Of
The Renters’ Rights Act changed minimum notice periods for several grounds, giving tenants more time to plan ahead or challenge a notice they believe is wrong.
Key notice periods include:
Grounds 1 and 1A, where the landlord wants to move in or sell, usually require 4 months’ notice.
Ground 6, where the landlord wants to redevelop, usually requires 4 months’ notice.
Ground 8, for serious rent arrears, requires 4 weeks’ notice.
Grounds 10 and 11, for rent arrears or persistent late payment, require 4 weeks’ notice.
Ground 14, for anti-social behaviour, allows the landlord to start court proceedings immediately after notice is served, although the court cannot make an order immediately.
Ground 7A, for serious anti-social or criminal behaviour, also allows proceedings to start immediately.
These notice periods matter because they give you time to take legal advice, find alternative accommodation if needed, and prepare a response if you want to contest the notice. Do not simply pack your bags because a notice has arrived. Check whether it is legally valid first.
Our post on the importance of due diligence in property purchases explores how carefully checking legal documents before acting can protect you, and the same principle applies when receiving a notice to leave your rented home.
Can Your Landlord Evict You for Rent Arrears?
Rent arrears remain a valid route to possession. Under Ground 8, if you pay rent monthly, your landlord must show that you owe at least 3 months’ rent both when the notice is served and at the date of the court hearing. If rent is paid weekly or fortnightly, the threshold is at least 13 weeks’ rent. Ground 8 is mandatory, which means the court must make a possession order if the ground is proven.
However, there is an important detail here. Because arrears must be proven at both stages, if you pay down the amount owed to below the threshold before the hearing, Ground 8 may fail. Your landlord might then try to rely on the discretionary Ground 10 or Ground 11, where the court has more flexibility.
There is also protection where the arrears are linked to unpaid benefits. If the arrears reach the Ground 8 threshold because you have not yet received Universal Credit, that may affect whether your landlord can rely on the mandatory ground.
If your arrears have arisen because of a relationship breakdown or financial difficulties following a separation, our Divorce Solicitors Sheffield team understands how housing and financial pressures often come together during difficult periods, and we can advise you on the full picture.
It is also worth reading our post on how to divide property and finances in a divorce if the rental situation connects to a wider dispute about shared finances or a jointly held tenancy.
What Happens If Your Landlord Is Not Playing by the Rules?
If your landlord serves you with an invalid notice, tries to pressure or intimidate you into leaving, changes the locks, threatens you, or removes services like heating, gas, electricity or water to make your life difficult, these actions may amount to harassment or illegal eviction.
Illegal eviction and harassment can be criminal offences under existing landlord and tenant legislation. The Renters’ Rights Act also strengthened enforcement powers in the private rented sector.
You can report harassment or illegal eviction to your local council’s housing enforcement team. Depending on the breach, local authorities can impose civil penalties, and serious or repeated breaches can attract penalties of up to £40,000 or criminal prosecution. You may also be able to apply to the court for an injunction, seek damages, or in some cases pursue a Rent Repayment Order.
Many tenants going through this kind of situation are also dealing with related family pressures. Our child custody solicitors Sheffield team understands how housing instability can directly affect arrangements for children, particularly where instability in the home affects child welfare assessments or living arrangements.
For background on how housing and legal rights interact more broadly, our post on the importance of title insurance in property transactions and our guide to understanding the role of searches in property transactions may give you useful context on how careful legal checking protects people at every stage.
Pets and the Right to Request
If you want to keep a pet in your rented home, the Act gives you the right to ask your landlord for permission. Your landlord must consider the request and cannot unreasonably refuse.
This does not mean every pet request must automatically be accepted. A refusal may be reasonable in some circumstances, for example if a superior lease prohibits pets, the property is clearly unsuitable, or there are specific welfare or building-related concerns. However, a blanket “no pets” approach without proper consideration is no longer acceptable.
If your landlord refuses, they should give a reason. If you believe the refusal is unreasonable, you may be able to challenge it through the relevant complaints route or through the court.
Other Changes Renters Should Know About
The Act is not only about eviction. Several other changes now matter for private tenants in England.
Landlords can only ask for a maximum of 1 month’s rent in advance once the tenancy agreement has been signed. They cannot ask for, encourage, or accept rent before the tenancy agreement is signed.
Rent increases are also more tightly controlled. Landlords can usually increase rent only once a year and must use the statutory Section 13 process. They must give at least 2 months’ notice, and you can challenge a proposed rent increase at the First-tier Tribunal if you believe it is above market rent.
Rental bidding is banned. Landlords and letting agents must advertise an asking rent and cannot ask for, encourage, or accept offers above that advertised rent.
Discrimination against tenants because they receive benefits or have children is also prohibited. Landlords can still assess affordability, but they cannot apply blanket bans against these groups.
These changes matter because some landlords may try to use rent increases, bidding pressure, advance rent demands, or discriminatory screening as an indirect way to push tenants out or avoid certain tenants altogether.
Thinking About Buying Instead?
Some renters find that facing the possibility of being asked to leave pushes them to consider buying their own home. If that is where your thinking is heading, it is worth exploring your options sooner rather than later.
Whether you need a residential purchase or advice on commercial property conveyancing if you are buying premises connected to a business, getting the right legal help from the outset matters.
Our conveyancing law firm Sheffield team can guide you through the process from the very first offer through to completion, and if you need independent legal advice for mortgage purposes, we can assist with that as part of the overall transaction.
For those based in Derbyshire, our team providing conveyancing Dronfield services can advise you locally and face to face.
Useful reading for anyone considering a first purchase includes our articles on conveyancing for first time buyers, top tips for first time home buyers, and questions to ask before hiring a conveyancing solicitor. You may also find our posts on how to handle complex leasehold properties during conveyancing, leasehold vs freehold, and how to protect your deposit during the conveyancing process helpful as you start to plan.
If your housing situation is also linked to an immigration matter, such as a visa that is tied to an address or a partner who holds a different immigration status, our immigration law firm Sheffield team can advise you on how a change in housing affects your wider legal position.
For those who need a partner visa solicitor to navigate visa applications connected to family circumstances, or employers who need help from our employer sponsor licence solicitors Sheffield practice, we cover a broad range of legal needs across our offices.
Our post on the role of immigration solicitors in human rights cases is also worth a read if your housing is connected to your immigration status and human rights protections may apply.
Frequently Asked Questions
Can my landlord still serve a Section 21 notice in 2026?
For most private tenancies in England, your landlord cannot serve a new Section 21 notice from 1 May 2026. They must use a valid Section 8 ground instead. If you received a Section 21 notice before 1 May 2026, or court proceedings had already started before that date, transitional rules may apply, so you should get advice before deciding what to do.
How much notice does my landlord have to give me?
It depends on the ground being used. For common grounds such as the landlord wanting to sell or move in, the notice period is usually 4 months. For serious rent arrears, the notice period is usually 4 weeks. For anti-social behaviour grounds, proceedings can sometimes begin immediately after notice is served.
What if I believe the eviction is not justified?
You can challenge the eviction in court. If you believe the stated ground does not apply, the notice is defective, the landlord has not followed the correct process, or the landlord is not acting in good faith, you can raise those issues during the court proceedings. Getting independent legal advice as soon as any notice arrives is strongly recommended.
Does the Act apply if I am in a house share?
Generally, the Act can apply to private tenants in house shares, but the exact position depends on your legal status. If you have your own tenancy agreement, you may be protected by the new rules. If you are a lodger living in the same home as your landlord, different rules usually apply. A solicitor can confirm your specific situation.
Can my landlord raise my rent to force me out?
The Act is designed to reduce this risk. Rent increases are generally restricted to once a year, cannot usually happen in the first 12 months of a new tenancy, and must follow the Section 13 notice process. You can challenge any increase you consider above market rate at the First-tier Tribunal, and the tribunal will look at comparable rents in your area.
What if my landlord asks for several months’ rent upfront?
From 1 May 2026, landlords cannot ask for, encourage or accept rent before the tenancy agreement is signed. Once the agreement is signed, they can usually ask for a maximum of 1 month’s rent in advance. If you are asked for more, you should take advice before paying.
What if I am also dealing with a family or immigration issue at the same time?
These situations can overlap in complicated ways. Our team handles family law matters and can work alongside our immigration colleagues if your housing situation is connected to a visa or leave to remain issue. You can also read our post on the importance of full financial disclosure in divorce proceedings and the legal process for child relocation after divorce for related family law guidance.
Get Legal Advice Before You Act
The Renters’ Rights Act has given private tenants in England much greater security than they have had in a very long time. But knowing your rights on paper and being able to assert them effectively are 2 very different things.
If your landlord has served you with any kind of notice, told you verbally to leave, threatened to change the locks, demanded a rent increase that feels unreasonable, or started behaving in ways that feel like pressure to vacate, do not wait and do not assume you have no options.
At Athi Law, we are a family-run firm with offices in Sheffield, Dronfield, and West Bromwich. We help tenants, landlords, property buyers, and families across Yorkshire, Derbyshire, and the Midlands with a wide range of legal matters. We take a practical, straight-talking approach to every case, and your situation will always be treated with care.
You can also read more on our blog, including our post on the impact of conveyancing insurance on the buying and selling process, the legal implications of gazumping and gazundering, and how changes in property tax laws affect the conveyancing process.
Contact us today to speak to one of our solicitors. Call us on 0114 2558001 or visit us at our Sheffield, Dronfield, or West Bromwich offices. We are here Monday to Friday, 9am to 5pm, and you can also reach us via WhatsApp.




Comments