The Act has already been described as the most significant reform to the private rented sector in years.
For conveyancing lawyers it’s important to understand how the changes will impact the day-to-day work, particularly in the context of contractual provisions for vacant possession, which may change as a result.
Up to now, conveyancers advising clients on buy-to-let properties have been working within a framework of assured shorthold tenancies (ASTs) and the availability of Section 21. If needed, possession of the property could be obtained within a broadly understood process and timeframe. And while there has always been risk of tenants failing to vacate, property professionals were experienced in advising on and managing this risk.
From May 2026, ASTs will fall away and will be replaced with a system of assured periodic tenancies. More importantly, the ability to obtain possession via a Section 21 notice, without relying on a specific statutory ground (hence, often described as “no-fault evictions”), will also disappear. That may sound like a simple procedural change, but it has a much more practical consequence. It moves the focus away from the process and more towards justification. When you serve a Section 8 Notice you will have to be able to point to the correct statutory ground for possession and demonstrate that it applies.
A lot of the early commentary also focused on the changes to notice periods, but I think this approach in isolation risks missing what really matters.
The landlord’s notice period now depends entirely on the ground being relied on and those grounds are not interchangeable. Different grounds also have different requirements and some need evidence that will have to stand up to scrutiny. This introduces an added level of technical complexity that should not be underestimated.
When a seller of a tenanted property states that vacant possession will be available on completion, that statement will now carry a different weight. It can no longer be taken at face value or assumed to follow a predictable path.
The 2025 Act introduces a new mandatory Ground 1A, which allows a landlord to recover possession in order to sell the property. You may be tempted to treat this as a direct replacement for what Section 21 was often used for. In reality, it is now a more committed position.
The landlord is expected to have a genuine intention to sell. This is likely to require more than a general statement of intent. In time, we may see clearer expectations develop around what that looks like in practice, whether it’s evidence of instructions to agents, marketing activity, or other steps taken towards a sale.
For conveyancers, this raises a slightly different question at the point of the transaction. It is no longer just a case of confirming that the required notice has been served, since it might also extend to identifying what ground is being relied on, whether it is available, and whether it has been properly exercised. Practitioners might expect to see evidence of the notice and supporting context forming part of the contract package, particularly where vacant possession is critical to a time-sensitive deal.
From a buyer’s perspective, the position also becomes more nuanced. If the intention is to occupy the property themselves, the focus will be on whether possession can realistically be obtained within the required timeframe. If the property is being acquired as an investment, there may be less urgency around vacant possession, but clarity will still be needed as to what has already been set in motion and whether that aligns with the buyer’s plans.
In both cases, the common thread is that reliance on a general assumption of vacant possession becomes harder to justify without a closer look at the evidence early in the transaction.
This will not automatically make transactions more difficult. But it will change where the pressure sits. That may, in turn, lead to different approaches in structuring transactions or contractual clauses, especially where there is uncertainty around when possession can realistically be obtained.
On a related point, it is worth mentioning another change under the Renters’ Rights Act, as it may not yet be widely understood. The change deals with the historic interaction between ground rent and assured tenancy status under the Housing Act 1988.
Under the 1988 Act, where ground rent exceeded £250 per year (£1,000 in London), a long residential lease could technically fall within the assured tenancy regime, exposing it to the risk of mandatory possession under Section 8 and Ground 8 for arrears. That risk has been well known in conveyancing for some time and has been widely reflected in lender requirements, including Part 2 provisions under the UK Finance Lenders’ Handbook.
The Renters’ Rights Act 2025 has already removed that issue. Chapter 2 of the Act amends the Housing Act 1988, confirming that a fixed term tenancy of more than 21 years cannot be an assured tenancy. In effect, this takes residential long leases outside of the assured tenancy regime along with the mechanism, which allowed mandatory possession under Ground 8 to be used in that context. The relevant provisions were brought into force on 27 December 2025.
However, what we are seeing is a lag between the legal position and lender guidance. The Lenders’ Handbook Part 2 provisions still reflect the historic risk according to a number of mortgage providers and conveyancers may still find themselves needing to explain the updated position and seek the lender’s confirmation on a case-by-case basis.
Alongside the aspects already mentioned, the Act introduces a number of changes which add further layers to how occupation needs to be considered. Student accommodation, HMOs, and transitional arrangements all bring their own implications. There is also a wider policy intent around how the rental market operates, including issues such as rental bidding practices, which may start to influence expectations and behaviour on both sides of a transaction.
It is tempting to approach the Renters’ Rights Act as a list of changes to be learned and applied, but it also feels a lot like a mindset change, too. For conveyancers, the restructured process of obtaining possession of the property brings the focus back onto legal judgement and risk management.
It is also a timely example of how changes in the law do not always immediately translate into updates to transactional work and why being aware of the most current legal position remains important.
To learn more about the changes, join us on 28 April 2026 for an online webinar exploring what the Renters’ Rights Act means for vacant possession in residential transactions.
I will be joined by Richard Snape, Head of Legal Training at Davitt Jones Bould (DJB), who will lead the session and share expert insight into how these reforms will work in practice. During the session, we’ll break down the key changes and what they mean on the ground, including:
This session is designed to move beyond the legislation and focus on what conveyancers and property professionals may need to do differently in their day-to-day work.
Register your placeAuthor: Joanna King, Product Manager (Legal & Compliance Lead) at tmGroup.
