Renters’ Rights Act 2025 and registered providers

Overview of reform

The Renters’ Rights Act 2025 (RRA) is one of the most wide‑ranging housing reforms in England in decades. Much discussion has focused on its impact on private landlords, but the act also introduces substantial changes for registered providers of social housing (RPs), reshaping how tenancies are granted, managed and brought to an end.

For RPs the key changes are:

  • the replacement of fixed‑term assured tenancies with open‑ended periodic tenancies;
  • the abolition of section 21 no‑fault evictions;
  • the introduction of statutory rent increase controls for low‑cost social housing tenancies; and
  • strengthened requirements relating to property condition and standards.

In our previous article we examined the impact of the reforms on shared ownership leases. This article looks at the impact of the RRA on other tenancies held by RPs. It explains how forthcoming reforms will change the way certain tenancies are structured, how and when possession can be sought, and how issues such as rent arrears and tenancy conduct will need to be managed going forward.

The reforms took effect in the private rented sector from 1 May 2026; however, they will not apply to social housing until 2027, giving RPs crucial additional time to prepare for the sweeping changes ahead.

Fixed term assured tenancies banned

The RRA will ban fixed‑term assured tenancies, including assured shorthold tenancies (ASTs), replacing them with open‑ended periodic tenancies that run in line with an agreed rent payment cycle (usually weekly or monthly). Once the provisions of the RRA apply to RPs in 2027, every existing fixed‑term assured tenancy will automatically convert to a periodic tenancy, with no new paperwork or tenant consultation required.

RPs have made fixed‑term assured tenancies a central part of their approach to tenancy management. Fixed terms often included built‑in review points that allowed RPs to look at household size, tenant conduct, support needs and long‑term sustainability. Under the new system, those review points will disappear. Tenancies will simply continue unless a statutory ground for possession applies.

RPs will need to review existing policies and processes which have been built around the periodic assessment of tenancies, including:

  • end‑of‑term panels;
  • fixed‑term decision forms;
  • data‑gathering frameworks used to assess household circumstances; and
  • governance arrangements aligned to renewal decisions.

The end of fixed term starter tenancies

Starter tenancies, commonly 12‑month ASTs which are used as a probationary tool, will also automatically convert to periodic tenancies. From 2027 new RP ‘starter’ tenancies must also begin as periodic assured tenancies, without a probationary stage.

This means RPs will require a new approach to early‑tenancy risk management. Traditionally, starter periods provided a structured window to monitor conduct and intervene quickly where concerns arose. In the absence of this mechanism, RPs may need to strengthen early tenancy support, monitoring, and communication practices.

No fault evictions abolished

The RRA abolishes the ‘no fault’ section 21 regime. Once the reforms apply, RPs will only be able to recover possession using section 8 of the Housing Act 1988 (HA 1988), relying on one or more statutory grounds.

In principle, a section 8 claim is a ‘reason based’ possession route. It requires the landlord to:

  • serve a section 8 notice identifying the ground(s) being relied on;
  • wait the applicable notice period for those ground(s); and then
  • issue court proceedings and prove the ground(s) to the court.

The statutory grounds fall into two broad categories:

  • mandatory grounds, where the court must make a possession order if the ground is proved; and
  • discretionary grounds, where the court decides whether possession is reasonable in all the circumstances.

Changes to grounds for possession

The RRA updates a number of the existing statutory grounds for possession and introduces new ones. For RPs, the overall impact is a more evidence‑led possession regime: some key grounds become harder to rely on in practice, notice periods are extended for several rent‑related routes, and the court’s approach to anti‑social behaviour becomes more structured.

The most significant changes for day to day housing management are:

  • Ground 7A (mandatory – serious anti social behaviour): the notice requirement is removed, allowing proceedings to be issued immediately once the ground is met.
  • Ground 8 (mandatory – rent arrears): the arrears threshold increases to 13 weeks (or three months where rent is paid monthly) and must be met both at the date of notice and at the hearing. The notice period is extended to four weeks, and eviction is not permitted where the arrears arise from delays in Universal Credit payments. This extends the period of lost rental income before proceedings can begin and increases the risk that ground 8 falls away if arrears reduce before the hearing.
  • Grounds 10 and 11 (discretionary – arrears/persistent delay): the notice period increases to four weeks, lengthening the pre action runway and reinforcing the need for prompt engagement and well kept rent account evidence.
  • Ground 14 (discretionary – anti social behaviour): while the notice position is unchanged, the court must consider additional factors, including the tenant’s engagement with the landlord’s interventions and the impact of the behaviour on other residents.

The RRA also introduces new mandatory grounds designed for social housing contexts including rent to buy lettings, supported accommodation (including move on where funding/support ends or the placement is no longer appropriate), and temporary accommodation used to discharge homelessness duties where the local authority confirms the let is no longer required.

It also adds new RP specific grounds linked to employment/eligibility-based housing (eg key worker and staff accommodation, including expanded circumstances where employment ends) and to superior lease scenarios (eg where the RP’s headlease ends or a superior landlord requires possession), as well as a compliance ground where possession is needed to respond to enforcement action/banning orders.

These changes place more emphasis on record‑keeping and early intervention. For example, because the arrears threshold for ground 8 is higher and must be sustained through to the hearing, income teams must monitor rent accounts closely and document tenant engagement extensively. Similarly, housing officers handling anti‑social behaviour may need to evidence supportive interventions more systematically to meet the new expectations of the anti-social behaviour ground.

A new legal framework for rent increases

From 2027, rent increases for RP assured tenancies introduced by the RRA will be governed by a new statutory process under section 13A of the HA 1988. Importantly, this does not replace the RSH Rent Standard. Instead, the two regimes operate in parallel, and both must be satisfied for a rent increase to be effective.

In practice, every rent increase will need to pass both of the following:

  • Rent Standard compliance (the ‘how much’ test): the rent level and calculation must sit within the Rent Standard requirements.
  • Section 13A validity (the ‘how’ test): the increase must be implemented using the correct statutory steps and timing.

This means an increase can be within policy caps but still be legally invalid if the notice process is wrong and vice versa. Key elements of the new approach include:

  • RPs must serve a prescribed section 13A notice giving at least one month’s notice.
  • There must be a minimum 52 week gap between rent increases.
  • Tenants may challenge a notice in the First‑tier Tribunal under section 13B, but only on procedural grounds (not the rent amount).
  • Contractual rent‑review clauses still work if the tenant agrees, but these clauses cannot undermine or bypass section 13A.
  • Existing rent review clauses can still be used where the tenant agrees to the change. However, they must not be drafted or operated in a way that undermines or bypasses section 13A, particularly by implying that rent can be increased unilaterally without a compliant statutory notice. In practice, the safest approach is:
    • use agreement-based variation only where the tenant’s agreement is clear; and
    • use the section 13A notice route where agreement is not obtained (or is uncertain).
  • Because tenant challenges focus on process, rent increases become more sensitive to ‘small’ errors that can cause delay. In particular, RPs will want to ensure they have:
    • robust controls to prevent increases being set inside the 52 week window;
    • consistent, auditable processes for preparing, serving and evidencing section 13A notices;
    • tenancy templates that clearly distinguish between agreed contractual variation and the statutory section 13A route.

From 2027, getting the figure right will not be enough on its own. RPs will need to ensure rent increases are both substantively compliant (Rent Standard), and procedurally valid (section 13A notice, timing and service).

Enhanced importance of clear documentation

Across the board, the RRA raises the stakes on documentation. Whether dealing with arrears, conduct issues, property condition or rent increases, RPs will need to:

  • maintain comprehensive case records;
  • document all engagement with tenants;
  • store evidence of compliance with statutory processes; and
  • ensure notices are completed correctly and served on time.

Given the potential for invalid notices to delay proceedings or expose RPs to disputes, internal processes and staff training will become even more important.

Preparing for the 2027 start date

With the RRA representing such a substantial shift, preparation will be vital. Suggested focus areas for RPs include:

  • Reviewing tenancy management policies to reflect the move away from fixed-term tenancies.
  • Strengthening early engagement practices to compensate for the loss of starter tenancies.
  • Training staff on the updated possession grounds and the increased evidential requirements.
  • Considering amendments to tenancy agreements to align with the new rent‑review framework.
  • Reviewing systems to ensure notices and calculations (such as rent increase intervals) are accurate and compliant.

Starting this work early will help ensure a smooth transition when the reforms take effect.

Conclusion

The RRA 2025 represents a major cultural and operational shift for RPs. It moves the sector towards a tenancy model built on long‑term security, consistent engagement and stronger procedural safeguards. The end of fixed terms, the abolition of section 21, the expanded possession framework and the new rent‑setting rules all require careful planning and thoughtful redesign of existing processes.

This article was co-written by Maisie Ayres, associate in the real estate disputes team.

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