Choosing the Right Tenant Now Section 21 Has Gone

On 1 May 2026, the Renters’ Rights Act brought the biggest change to private renting in England in nearly 40 years. Section 21 “no-fault” evictions ended, and every new tenancy became periodic, with no fixed end date.

For landlords, one consequence outweighs all the others: the tenant you choose is now the most important decision you make. Before, a poor choice could be undone at the end of a fixed term. Now, ending a tenancy needs a legal ground, evidence and, often, time in court.

What changed on 1 May 2026

In summary, for private tenancies in England:

  • New tenancies are periodic assured tenancies. Fixed terms are gone, and existing assured shorthold tenancies converted automatically.
  • Section 21 is abolished. To end a tenancy, a landlord must use one of the grounds in Section 8, such as rent arrears, antisocial behaviour, or the landlord selling or moving in.
  • Tenants can leave with two months’ notice at any time.
  • Rent can be increased once a year, using a Section 13 notice, and tenants can challenge increases at the First-tier Tribunal.
  • No rental bidding. The rent must be stated in the advert, and offers above it cannot be accepted or encouraged.
  • Rent in advance is limited. No rent may be taken before the tenancy is signed, and after that only one month at a time.
  • No blanket bans. Landlords cannot refuse tenants simply because they have children or receive benefits.
  • Pets. Tenants can ask to keep a pet, and landlords must reply within 28 days and can only refuse for a good reason.

Fines for breaching the new rules run to £7,000 for a first breach and up to £40,000 for repeated breaches.

Why the choice of tenant matters more than ever

The possession grounds still exist, but they are slower and more demanding than Section 21 ever was. For example:

  • the mandatory rent arrears ground now needs three months’ arrears, up from two, and four weeks’ notice;
  • the grounds for selling or moving in cannot be used in the first twelve months of a tenancy, need four months’ notice, and stop you re-letting the property for twelve months afterwards.

None of this is a reason to avoid letting. It is a reason to spend more effort on selection at the start, because that is where you have the most control.

How to find the right tenant now

Clear, consistent criteria, applied to everyone

Decide your criteria before you advertise and apply them the same way to every applicant. Blanket bans are unlawful, but a fair affordability test applied to everyone is not. A common rule of thumb is that a tenant’s annual income should be at least 30 times the monthly rent, with a guarantor where it is not.

Identity and Right to Rent

Every adult who will live in the property needs a Right to Rent check before the tenancy starts, and the evidence must be kept.

Affordability and employment

Verify income with the employer or with payslips and bank statements, and check how secure the employment is. For self-employed applicants, accounts or tax returns tell you more than a reference letter.

Previous landlord and credit history

A reference from a current or previous landlord is the best evidence of how someone will treat your property and pay their rent. A credit check confirms identity and flags past problems.

Guarantors and company lets

Because landlords can no longer take months of rent in advance, international tenants without a UK credit history need another route. A UK-based guarantor, a professional guarantor service, or a company let through the tenant’s employer usually solves it.

Deposits

Holding deposits are capped at one week’s rent and tenancy deposits at five weeks’ rent (six weeks where the annual rent is £50,000 or more). The deposit must be protected in a government-approved scheme within 30 days.

The hidden enemy of good selection: pressure

Most bad tenancies do not start with a bad process. They start with a landlord under pressure. After a few weeks of an empty property, with the mortgage, service charge and council tax still going out, the first applicant who passes the minimum checks starts to look very attractive.

That is exactly the situation our hybrid letting strategy is designed to prevent. Because the property earns from short and medium-term stays during the gap, there is no financial pressure to rush. We can take the time to find someone who meets your criteria, intends to stay long term and is the best fit for the property. As our guide to void periods shows, removing that pressure pays for itself.

After move-in: keeping good tenants

Selection is only half of it. Good tenants stay where they are well looked after:

  • a detailed inventory and check-in report, so everyone knows the starting condition;
  • prompt, professional responses to repairs;
  • regular, properly arranged inspections;
  • clear, fair communication about rent reviews.

A reliable tenant who stays for years is worth far more than a slightly higher rent from someone who leaves after one.

Let us find the right tenant for you

Our residential lettings service handles referencing, compliance and tenancy setup under the new rules, and our hybrid approach means you are never forced to accept a tenant simply because the property has been empty for too long.


This article is general information, not legal advice. The Renters’ Rights Act applies to private tenancies in England; how it applies to your tenancy depends on its circumstances.

Sources: Gowling WLG, Renters’ Rights Act 2025: 1 May 2026 · Shelter, What the Renters’ Rights Act means for possession claims · Farrer & Co, The Renters’ Rights Act Q&A