Renters' Rights Act and Portsmouth Landlords: What Changed in 2026

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025 and its core provisions took effect on 1 May 2026, fundamentally changing how tenancies work across England. If you are a landlord in Portsmouth — particularly one juggling HMO licensing alongside tenancy management — here is what the Act means in practice.

Section 21 Is Gone

The headline change: landlords can no longer serve Section 21 "no-fault" eviction notices. Fixed-term Assured Shorthold Tenancies are replaced by periodic tenancies, meaning tenancies now run on a rolling basis with no set end date.

For Portsmouth HMO landlords, this has a direct operational consequence. If you previously relied on fixed-term ASTs to manage tenant turnover — common in student lets near the University of Portsmouth — you need to rethink how you plan occupancy changes. Tenants now have the right to give notice and leave, but you cannot force a tenancy to end simply because a fixed term expired.

How You Can Still Recover Possession

Section 8 of the Housing Act 1988 remains, with revised and expanded grounds for possession. The mandatory grounds now include:

• Selling the property — you want to sell with vacant possession (notice period applies)
• Moving into the property — you or a close family member intends to occupy it as a primary residence
• Redevelopment — substantial works that cannot reasonably be carried out with the tenant in occupation
• Rent arrears — the existing grounds for mandatory possession on arrears remain, with adjusted thresholds

Discretionary grounds (anti-social behaviour, persistent late payment, breach of tenancy terms) also continue, though the court still decides whether to grant possession on a discretionary ground.

The key change is timing. You cannot recover possession using the selling or moving-in grounds within the first 12 months of a tenancy. A notice may be served earlier, but possession cannot be required before 12 months have elapsed.

New Obligations from May 2026

Information sheet. Most landlords had to give existing tenants the prescribed government information sheet by 31 May 2026. If you missed this deadline, give it now; failure to do so can lead to a civil penalty of up to £7,000.

No rental bidding. Landlords and agents cannot invite or encourage tenants to bid above the stated asking rent. If you advertise a room at £600 per month, that is the price — you cannot accept a higher offer.

Advance rent cap. After the tenancy agreement is signed and before the tenancy starts, you can usually require no more than one month's rent in advance for monthly rent (or 28 days' rent for shorter rental periods). Once the tenancy starts, you cannot require rent before its due date.

Pets. Tenants have a statutory right to request permission to keep a pet. You can refuse only for a valid reason, and you cannot require the tenant to take out pet insurance or charge them for it.

How This Interacts with HMO Licensing

The Renters' Rights Act and HMO licensing are separate legal frameworks, but they overlap in practice.

Tenancy changes and licensing triggers. Under the new periodic tenancy model, individual tenants may give notice and leave at different times. In a shared house, this means the composition of your household can shift without you initiating any change. If a couple who counted as one household splits into two separate tenants, or a departing tenant is replaced by someone from a different household, you might cross a licensing threshold without realising it.

For Portsmouth specifically: three or more people from two or more households sharing amenities triggers an additional HMO licence requirement. Monitor your tenant composition actively.

Licence conditions and tenancy terms. The Fletcher & Anor v Portsmouth City Council [2026] UKUT 234 (LC) ruling already established that councils cannot dictate internal tenancy agreement terms through licence conditions. The Renters' Rights Act reinforces this separation — tenancy terms are now more tightly regulated by national legislation, leaving less room for local licence conditions to stray into tenancy territory.

Possession and licensing penalties. If you attempt to recover possession of an unlicensed HMO, a tenant can apply for a Rent Repayment Order covering up to 24 months' rent. Under the Renters' Rights Act, the increased scrutiny of landlord compliance at the point of possession claims means any licensing breach is more likely to surface during proceedings.

What Portsmouth Landlords Should Do

Review your tenancy agreements. Existing ASTs became periodic automatically. If the agreement is in writing, you do not need to reissue it just to remove its former fixed-term end date; that date no longer ends the tenancy.

Serve the information sheet. If you have not already, do it now.

Track tenant changes carefully. Under the old fixed-term model, household composition was relatively stable. Under periodic tenancies, changes happen more fluidly. Keep your licensing status under review whenever a tenant leaves or a new one moves in.

Budget for longer void periods. Without Section 21, planned turnover is harder to coordinate. Factor this into your rental yield calculations, particularly for licensed HMOs where fees and compliance costs are fixed regardless of occupancy.

For the complete HMO licensing process in Portsmouth — scheme classification, application workflow, documents, and fees — see the Landlord Licensing in Portsmouth guide.

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