The Renters’ Rights Act has recently received Royal Assent in Westminster and will be implemented in England from 1st May 2026. The act is a welcome advancement of tenants' rights within the UK and has brought an end to “No Fault” or Section 21 evictions in England, mirroring similar legislation introduced in Scotland in 2017. The Bill does not apply to Northern Ireland, but we believe it contains changes that would and should be considered by the Minister for Communities to strengthen the protection of private renters in Northern Ireland.
The Renters’ Rights Act brings an end to No-Fault Evictions. Under Section 21 of the Housing Act 1988, landlords could end a tenancy and seek repossession of a rented property without providing a tenant a reason for doing so. Following the implementation of the Renters’ Rights Act, section 21 evictions will be abolished, and landlords will only be able to evict tenants for legitimate reasons. In Northern Ireland, however, landlords can still end a non-fixed-term contract tenancy (a “periodic” tenancy) without providing a reason to the tenant; they only need to provide the correct written notice to quit. In 2024, Renters’ Voice’s “No Fault” evictions survey found that 38% of respondents had experienced a no-fault eviction, and of these renters, half (50%) reported that it had happened to them more than once.
From 1st May 2026, all assured or “fixed term” tenancies in England will become periodic tenancies or “indefinite” periodic tenancies. The term “indefinite tenancies” has caused some controversy across the UK as it is often implied that such a tenancy will be lifelong or would essentially surrender a property to tenants. Instead, an “indefinite” tenancy simply means that tenancies will no longer have a set end date, continuing “indefinitely” unless a tenant chooses to end them or specific conditions are met that allow a landlord to terminate the tenancy. The conditions for ending a tenancy will vary, but may include breaches of the tenancy agreement, long-term arrears, criminal behaviour, or when a landlord wishes to sell a property. Therefore, perhaps, a better phrase than indefinite tenancies would be “functioning” tenancies, which continue under the Act until a tenant no longer needs them to operate or they are met with dysfunction.
Dysfunction, for example, can occur when a tenant falls into long-term rent arrears. Under the Renters’ Rights Act, tenants will be given more time to resolve issues related to arrears. The basis for eviction due to arrears will be increased from two months to three months, with notice periods for action being increased from two weeks to four weeks. This means a landlord can only take eviction action on the grounds of arrears if a tenant is in arrears for three months. The new changes will enable tenants struggling with short-term affordability issues to resolve their arrears without incurring the risk of future eviction. Tenants who are deliberately withholding rent or who are unable to pay the current rent due to affordability issues can still face eviction due to arrears, ending their “indefinite” tenancy.
Renters’ Voice members, much like many renters in Northern Ireland, have received notices from their landlords under the pretence that they want to sell the property, only to later find that the property is being advertised at a much higher rent. Under the Renters’ Rights Act, landlords cannot evict tenants within the first 12 months of the tenancy if they wish to sell or move back into the property. In England, landlords will now be required to provide a 4-month notice before seeking a Court possession action on these grounds, and they will be prohibited from reletting the property for 12 months following the end of the notice period. If a landlord is discovered to have not sold the property after ending a tenancy to do so, they could be fined or prosecuted. Tenants in England can seek action via local enforcement (councils) or gain rent repayment orders.
What Changes will be Introduced?
In addition to ending the Section 21, this Act will also introduce new protections on rent and deposits, bidding wars, discrimination and repair standards. The Renters’ Rights Bill will void all discriminatory clauses found within any housing agreement and will apply retroactively.
From May, landlords or agents cannot discriminate against those with children or on benefits, nor can they prevent such applicants from accessing information on, enquiring about or viewing a property. If landlords or estate agents are found to be discriminating against such applicants, then local authorities can take action on breaches or impose fines. Landlords and estate agents will still be able to consider a tenant’s overall income when considering a new tenancy, to determine whether an applicant can afford it.
Pet owners will also see new statutory entitlements under the act, which introduces a new right to keep pets. Landlords will be unable to refuse an applicant purely based on pet ownership. Tenants considering owning a pet will now be able to formally request permission from the landlord, and under the act, a landlord will be unable to refuse consent “unreasonably”. Landlords will be expected to make a decision within 28 days; however, they may request additional information about the pet.
The act also introduces new bidding restrictions for tenants seeking new private rented accommodation. In Renters’ Voice members' experience, tenants in Northern Ireland often face an uphill battle securing new offers, not only having to deal with illegal letting fees and high competition but also being pressured into offering more than the advertised rate of rent. Renters’ Rights Act ensures that landlords and estate agents in England will no longer be able to encourage or accept rent at a different price than what is already advertised. If a landlord or an estate agent is found to have “falsely advertised” their property, then local authorities can issue fines up to £7,000.
The Act will also introduce new changes to fitness standards around disrepair in England. The Government will seek to extend the “Decent Homes Standard” and Awaab’s Law to the private rental sector. The “Decent Homes Standard” was originally implemented within the social housing sector and incorporates four main criteria for what constitutes a decent home. It states that a home must meet a statutory minimum fitness standard for housing, it is in a reasonable state of repair, it has reasonable modern facilities and services and finally, it must provide a reasonable degree of thermal comfort.
Awaab’s Law, named after Awaab Ishak who tragically died from mould exposure, mandates that landlords must fix serious hazards like damp and mould within strict timeframes. The law outlines that dangerous damp and mould posing serious harm to your health must be investigated within ten working days and made safe within five working days. Emergency hazards that pose an immediate risk to health, like electrical faults and major leaks, must be investigated within 24 hours of the landlord being made aware. Under the Act, both the Decent Home Standard for minimal requirements for social housing and Awaab’s Law regulations on mould and damp will be introduced into the private rented sector in England.
Similar new regulations on repairs would be welcomed by tenants in Northern Ireland. A major difficulty faced by renters here remains disrepair. In 2024, the Renters’ Voice No Fault Evictions Survey found that 62% of respondents said they had delayed reporting a repair to their landlord or letting agent, fearing eviction as a result, whereas 49% told us that they had decided not to report their landlord to Environmental Health for fear of being evicted as a result. In Northern Ireland, all residential properties must meet a basic fitness standard set out in Article 46 of the Housing (NI) Order 1981 and amended by the Housing (NI) Order 1992. While the standard prevents homes from being structurally unstable or under serious disrepair, it can be difficult for tenants to hold landlords to their repair obligations and in Renters’ Voice members' experience, while a privately rented home may pass what can be considered “minimal fitness” for a home, it would not pass as a decent home to live in.
The Renters’ Rights Act and Northern Ireland
Renters’ Voice welcomes an end to Section 21 evictions and are currently campaigning for new legislation to introduce similar protections in Northern Ireland, where the most recent legislation regarding private tenancies was the Private Tenancies Act 2022. The Act came into effect in April 2023 and has already introduced some of the new protections of the Renters’ Rights Act to tenants here. These include new mandatory deposit protection requirements, limits on advanced rent and a new 3-month notice period on rent increases. Not all sections of the Private Tenant Act have been enacted, with the Department still considering changes to notice-to-quit periods. These changes will increase the amount of notice that a tenant receives that their landlord is ending their tenancy to three months.
Renters’ Voice has welcomed these new protections for tenants, but we believe further support can still be provided to address the unbalanced dynamics between tenants and landlords. In 2024, when private renters were asked “what should be done” about “no fault” evictions, an overwhelming 71% of respondents to the Renters’ Voice No Fault Eviction survey wanted “no fault” evictions to be banned.
Renters’ Voice believes that such a ban is not unreasonable, and following the passing of the Renters’ Rights Act, it is far from radical. It is imperative that Stormont, without haste, bring forth further legislation to introduce similar protections to tenants in Northern Ireland’s private rental sector.
