The new rules meant to protect people have potentially put some at risk of eviction as one expert explained when it could become invalid
From May 1, 2026 the new Renters’ Rights Act will come into force in England and Wales, making a slew of major changes to the way the rental market is allowed to work. Tenants will feel the effect of five specific changes, with some landlords seemingly acting ahead of the rule changes.
Appearing on BBC’s Morning Live, cost of living expert Colletta Smith broke down the “biggest change that we’ve seen in tenants rights for about 40 years” and explained how to tell if an eviction notice served before the rule changes is actually invalid.
Colletta noted these rules are largely for standard tenants and landlords, not lodgers. She added: “It’s worth getting savvy as a tenant within this time frame period, just until these final two weeks expire and section 21 orders are banned.”
Five major rule changes in the new Act:
No-fault evictions
These evictions, also known as section 21 orders or notices, have allowed landlords to evict tenants without needing to give a reason. The practice will be completely abolished from the start of May.
Colletta noted: “Of course, people will still be able to be removed from property for a legitimate reason. If there’s anti-social Behaviour, if you’re not paying your rent, then you could still be evicted by your landlord as long as they go through the reasonable process.”
For people facing a section 21 order despite the changes coming in just days, Colletta revealed there’s a range of things that could make it invalid before the new rules start. She said: “They need to prove that they, as a landlord have done everything within their power and ticked all the correct boxes along the process along the way.”
Things that might invalidate a section 21 order:
- Your landlord didn’t put your deposit in the correct deposit protection scheme
- Your landlord charged more than the maximum allowed for your security deposit
- Your landlord doesn’t take you to court within six months which will make the order expire
- You’re within the first four months of your fixed term tenancy agreement
- Your landlord didn’t provide all of the documents you need when moving into a property
Colletta added: “There’s also some grey areas around the fact that you can’t be evicted because you’ve complained. Now a lot of tenants say that is why they’re being evicted but the landlord will likely give another reason for that and your landlord also can’t charge any extra fees if they do during your tenancy, then they can’t issue a section 21.”
No more fixed term contracts
Fixed term contracts or tenancies is when you move into a property for a certain amount of time, usually a year or 18 months and when that period ends you may need to renew your tenancy or move over to a rolling tenancy. During the fixed term, giving notice to move out can be difficult or come with consequences.
From the start of May, these contracts will be turned into rolling tenancies, allowing tenants to leave with two months’ notice at any time. This change could provide tenants with more flexibility and lessen the burden of being tied to a long-term contract.
Fairer rent
Under the new rules, landlords will only be allowed to increase rent once per year and cannot request or accept more than one month’s rent in advance. Proposed rent increases will also not be allowed to exceed the current market rate.
No more bidding wars
Colletta explained: ““They’re also going to ban landlords accepting offers for a new property above the asking price because at the moment what we see is a load of bidding wars, lots of people desperate because there are so few properties available offering much more than the asking price.”
Pets
While many properties right now forbid tenants from having pets at all, the new rules will mean tenants can ask their landlord if they can have a pet and the landlords will need to make “reasonable accommodations”. If they refuse, they must also have a reason for saying no.
