The day‑to‑day reality for professional landlords is simple; bigger portfolios mean more tenancies. More tenancies mean quicker decisions, delegated authority, evolving documents, and a legal and regulatory environment that changes just often enough to be irritating.
The risk is rarely dramatic. It’s cumulative.
Most legal exposure comes from small, familiar oversights such as documents reused for too long, details rushed, compliance lines crossed without noticing. None of this is malicious. All of it is normal.
Unfortunately, courts are unmoved by how busy a Tuesday afternoon was, and these issues have a habit of becoming expensive.
As a Property Litigation Solicitor, my job is to stop those problems before they mature, and to deal with them decisively when they do. In practice, that usually means early intervention costing £500–£1,500 (excluding litigation), rather than discovering too late that a “minor technicality” has just eaten six months of rent.
- No More Fixed-Term Tenancies
All new private tenancies are now open‑ended. There are no fixed end date and no option to regain possession simply because a term has expired. Open‑ended tenancies mean possession is no longer about dates; it’s about decisions made at the start and evidence gathered throughout the tenancy.
- Section 21 Is Gone
With it goes the universal two‑month notice that allowed landlords to press the eject button without explanation. In its place is a system where notice periods depend on justification, and most of them are longer.
Possession is no longer administrative. Every case turns on the correct ground, properly evidenced, and capable of withstanding judicial scrutiny. Landlords succeed not by moving quickly, but by preparing cases that work when tested.
- Possession Is Slower, Riskier, and More Procedural
Regaining possession now depends on using the correct ground, notice, wording, and paperwork. Mistakes can delay cases by months or invalidate them entirely, increasing lost rent and legal costs.
- High Financial Penalties for Non‑Compliance
Simple mistakes, such as issuing the wrong notice, failing to provide required information, or relying on the wrong possession ground can lead to fines of up to £7,000, or £40,000 for repeat or serious breaches.
- Rent Increases Are Tightly Controlled by Process and a Notice
Contractual rent review clauses no longer work. Rent can only be increased once a year, using a prescribed legal notice, with longer warning periods. Tenants can easily challenge increases at tribunal.
- Rental Bidding and Advertising Restrictions
Landlords must publish an asking rent and are not allowed to invite or accept higher offers. Asking for rent in advance or encouraging bidding can lead to enforcement action and penalties.
- Mandatory Information Requirements
Landlords must give tenants detailed written information about rent, repairs, safety, rights, and pets. Existing tenants must also receive a government information sheet by a fixed deadline. Missing this can block possession and trigger fines up to £7,000.
- Pets Are Harder to Refuse
Tenants have a legal right to request a pet. Landlords must respond within 28 days and cannot refuse without a strong reason. Courts may force landlords to allow pets.
- Later this year, two new gatekeepers will arrive
A national PRS database will require all landlords and properties to be registered before marketing or regaining possession. Courts will be able to refuse possession claims where registration requirements are not met, regardless of the merits of the case.
Alongside this, a mandatory Landlord Ombudsman will apply to all private landlords. Tenants will be able to raise complaints free of charge, with binding decisions that may include uncapped compensation. Managed well, the scheme can resolve issues early. Managed poorly, it risks becoming a continual operational and financial drain.
- Pre‑May 2026 Notices: What Happens If It Goes Wrong?
Where a Section 8 or Section 21 notice was validly served before 1 May 2026, the new information requirements introduced by the Renters’ Rights Act should not apply while that notice remains effective. However, if the notice is later found to be invalid and further notices need to be served, or possession proceedings issued on or after 1 May 2026 (including during the early transition period to 31 May 2026), the safer course is to treat the tenancy as falling within the new regime and to serve the mandatory Information Sheet at that stage. Doing so reduces the risk of technical challenges delaying or undermining possession claims.
For further assistance with possession action including service of section 8 notes please contact me.