Renters' Rights Act 2025: Early Commencement of Provisions

Several provisions of the Renters Rights Act (RRA) 2025 came into effect on 27 December 2025, introducing enhanced enforcement measures and significant changes to the treatment of long leases.

Whilst the majority of the headline provisions will be implemented later in 2026, the Renters Rights Act 2025 (Commencement No. 1) Regulations 2025 has already brought several provisions into force, with effect from 27 December 2025. These early changes are particularly relevant to landlords, local authorities and parties involved in long leasehold and Shared Ownership arrangements.

Enhanced Investigatory Powers – Schedule 4 - Part 1, Paragraph 9

Under the RRA, local authorities now benefit from enhanced powers to investigate and enforce landlord compliance with housing standards and regulatory requirements.

These powers enable authorities to carry out inspections; request and seize documents; and access third-party data for the purpose of these investigations, intending to strengthen proactive enforcement and address issues such as unlawful evictions, poor conditions and non-compliance.

Exclusions and Changes for Long Leases – Section 100(5)

Leases with a fixed term of more than 21 years are now excluded from the assured tenancy system under the Housing Act 1988. The change aims to address historical concerns regarding long residential leases (often with substantial capital value) being inadvertently caught by the assured tenancy framework, particularly where ground rent levels meet the statutory threshold.

This exclusion also has significant consequences for Shared Ownership leases. Previously, where a Shared Ownership lease was treated as an assured tenancy, landlords could rely on the section 21 or section 8 statutory possession regimes under the Housing Act 1988 to seek possession where there were rent arrears or other breaches, including service charge arrears. Following the commencement of these exclusions, landlords and registered providers can no longer assume that assured tenancy possession routes will be available where the lease qualifies as a long lease.

As a result of these changes, enforcement action for rent arrears or other breaches under Shared Ownership leases may now need to proceed through leasehold mechanisms, such as forfeiture or contractual remedies, subject to the terms of the lease and relevant statutory protections. This may involve additional procedural steps, higher associated costs and increased risk compared to assured tenancy possession claims.

It is essential that landlords and housing providers review existing lease portfolios and enforcement procedures in light of the exclusions implemented on 27 December 2025. Careful consideration should be given to how rent arrears and breaches are managed where leases fall outside the assured tenancy framework following the commencement of these provisions.

The Commencement No. 1 Regulations mark a crucial stage in the early implementation of the RRA. While the provisions are limited in scope, the exclusion of long leases from the assured tenancy regime represents a visible shift with practical implications for Shared Ownership and leasehold enforcement. Stakeholders should ensure they understand the revised legal landscape ahead of the RRA's wider reforms, which come into force on 1 May 2026.

When the Renters Rights Act 2025 is implemented, quarterly rental periods will become a thing of the past for private rented sector tenancies within the scope of the legislation, as the maximum rental period (even for existing tenancies) will be monthly and so any remaining quarterly periodic assured tenancies will convert to a monthly periodic tenancy overnight.