The Government has published new English Housing Survey data providing a snapshot of England’s private rented sector immediately before the major reforms introduced by the Renters’ Rights Act 2025.
Published on 30 September 2026, the report looks at tenants’ experiences of renting, tenancy security, eviction practices, rent in advance, guarantors, discrimination and complaints. Importantly, the Government intends the findings to operate as a baseline against which the impact of the Renters’ Rights Act can subsequently be assessed.
The full Government publication can be accessed here: English Housing Survey 2024 to 2025: Private rented sector, pre Renters’ Rights Act overview.
For landlords, letting agents and tenants alike, the figures also illustrate why the legal landscape surrounding residential tenancies has changed so significantly.
Section 21 was still central to possession practice
Before the reforms, assured shorthold tenancies remained overwhelmingly dominant. According to the Survey, 86% of private renters had an assured shorthold tenancy.
Among private renters whose tenancy had ended within the previous three years after their landlord or agent asked them to leave, 45% reported receiving a Section 21 notice. A further 37% said they had been asked to leave informally.
Section 21 has, however, now been abolished in England. Since 1 May 2026, landlords cannot serve a new Section 21 notice and must instead establish one of the statutory grounds for possession under the reformed Section 8 regime.
This represents a fundamental change in possession strategy.
A landlord wishing to recover a property because of rent arrears, anti social behaviour, an intention to sell, or an intention to occupy the property personally must identify the correct possession ground, comply with the applicable notice requirements and, where necessary, prove that ground before the court.
The importance of getting the procedure right has therefore increased considerably.
Selling or moving back into the property remains an important reason for possession
The Survey found that 57% of renters who had been asked to leave during the preceding three years said their landlord wanted either to sell the property or use it themselves.
Those circumstances have not disappeared under the Renters’ Rights Act. Instead, landlords must now rely upon the applicable statutory possession grounds.
The reforms also introduced longer notice requirements for some grounds. For example, key grounds relating to a landlord selling a property or moving into it require four months’ notice and are subject to restrictions during the early part of a tenancy.
Landlords who are considering a sale should therefore take advice well before their intended disposal date rather than treating possession as a final step immediately before marketing or completion.
The end of fixed term assured tenancies changes tenancy management
The Survey found that fixed terms played a significant role in the former market, with 17% of renters whose tenancy ended during the previous 12 months stating that it ended because the tenancy had been agreed for a fixed period.
Under the new regime, assured tenancies in the private rented sector operate as periodic tenancies rather than under the previous model of fixed term assured shorthold tenancies.
That means landlords and agents should ensure that their tenancy agreements, notices, internal procedures and property management practices have been updated for the post 1 May 2026 regime.
Continuing to use outdated AST documentation or relying upon contractual provisions drafted around the former Section 21 system can create unnecessary legal risk.
Rent in advance: a significant change for landlords and agents
One of the most striking findings concerns rent paid in advance.
Approximately 1.55 million private rented households paid rent in advance in addition to a tenancy deposit during 2024 to 2025. Although 81% paid no more than one month in advance, some renters were required to pay substantially more.
The Renters’ Rights Act has materially restricted this practice.
Since 1 May 2026, landlords cannot require rent to be paid before the tenancy has been entered into. Once the tenancy agreement has been signed, a landlord may generally require no more than one month’s rent before the tenancy begins.
For tenancies commencing under the new regime, contractual provisions attempting to require several months of rent in advance may therefore be unenforceable.
Landlords and letting agents should review their referencing and affordability procedures accordingly, particularly where they previously dealt with applicants by requesting six or twelve months’ rent upfront.
Guarantors remain common
The Survey also found that 22% of private renters had been asked to provide a guarantor before moving into their property.
Guarantor arrangements consequently remain an important risk management tool, particularly where affordability or creditworthiness may otherwise be an issue.
However, a guarantee should be drafted carefully. Questions can arise concerning whether the guarantee continues following changes to the tenancy, rent increases or changes in occupation.
Landlords should therefore avoid relying on informal or poorly drafted guarantor arrangements where substantial rental liabilities may be involved.
Discrimination in the rental market
The Government’s data also examined barriers faced by prospective tenants.
Just under 2% of private renters reported having been told during the previous 12 months that they could not rent a property because they received housing support, while a similar proportion reported being refused because they had children.
The Renters’ Rights Act strengthened legal protection in this area. Landlords and agents are now prohibited from refusing prospective tenants simply because they receive housing support or because children will live at the property.
Landlords remain entitled to consider legitimate matters such as affordability, but policies or advertisements imposing blanket exclusions require particular care.
Pets are also becoming a more significant legal issue
Eight per cent of private renters, approximately 363,000 households, reported being told that they could not rent a property because they had pets.
Under the reforms, tenants have enhanced rights to request permission to keep a pet. A landlord cannot simply disregard the request and may refuse only on reasonable grounds provided for within the statutory framework.
Landlords should therefore adopt a documented process for dealing with pet requests rather than continuing to use automatic “no pets” policies without considering the individual circumstances.
Complaints and property management
The Survey reveals considerable dissatisfaction surrounding complaints.
Half of private renters who had complained reported being unhappy with the outcome of their complaint. However, 94% of renters who were dissatisfied with their landlord or letting agent’s response did not escalate the matter to another organisation.
The Renters’ Rights Act provides for further regulatory changes, including a Private Rented Sector Ombudsman and a landlord database.
Once the relevant provisions are fully implemented, these mechanisms are intended to create a more structured route through which tenants can pursue complaints and through which landlord compliance can be monitored.
For landlords and managing agents, maintaining proper written records of repairs, complaints, inspections, correspondence and remedial action will therefore become increasingly important.
What should landlords be doing now?
The figures provide a useful picture of the market which existed immediately before the Renters’ Rights Act reforms. More importantly, they highlight several areas in which landlords’ previous practices may no longer be legally appropriate.
Landlords and managing agents should now ensure that tenancy agreements reflect the current assured periodic tenancy regime, outdated Section 21 procedures are no longer being used for new possession action, the correct Section 8 ground and notice period are identified before possession proceedings are commenced, possession planning starts early where a landlord intends to sell or move into a property, rent in advance requirements comply with the new statutory restrictions, policies concerning applicants receiving benefits or living with children comply with the new anti discrimination provisions, requests concerning pets are considered under the new statutory framework, and proper records are maintained concerning complaints, repairs and tenancy management.
What should tenants be doing now?
Tenants should also be aware that the reforms give them greater procedural protection, but those protections are most effective where concerns are raised promptly and evidence is preserved.
If a landlord asks a tenant to leave, the tenant should check carefully what notice has been served, the ground relied upon, the date of service and the date on which possession is said to be required. A request to leave informally is not the same as a court order for possession, and tenants should avoid assuming that they must vacate simply because a landlord or agent has asked them to do so.
Where possession is being sought under Section 8, tenants should understand that the landlord must rely upon one or more statutory grounds. Depending on the ground, the court may need to be satisfied that specific factual and procedural requirements have been met.
Tenants who receive a possession notice should therefore keep the tenancy agreement, notice, rent statements, correspondence with the landlord or agent, evidence of rent payments, benefit statements where relevant, photographs and any repair correspondence. These documents can become important if the matter proceeds to court.
Tenants should also scrutinise requests for rent in advance. Where a landlord or agent is seeking several months’ rent upfront, tenants should check whether the request is compatible with the current statutory rules before making payment.
Similarly, tenants who believe they have been refused a property because they receive housing support, have children, or for another prohibited reason should retain advertisements, emails, messages and any written explanation provided by the landlord or agent. Evidence of what was said and when may be significant if a dispute arises.
For repair and property condition issues, concerns should be reported in writing wherever possible. Tenants should keep photographs, videos, inspection reports, emails, text messages and records of when access was provided. Where a landlord fails to respond adequately, the paper trail may be important in establishing the history of the complaint and the steps taken by both parties.
Tenants who wish to keep a pet should make any request in writing and should also retain the landlord’s response. Where permission is refused, the reasons provided should be considered carefully against the statutory framework.
Rent increases should not simply be accepted without review. Where a tenant considers that a proposed rent is excessive or has not been introduced using the correct procedure, advice should be sought promptly because strict time limits can apply to challenges before the First tier Tribunal.
Where a tenancy dispute is escalating, early advice can often help clarify whether the landlord’s notice is valid, whether a possession ground is made out, whether there are counterclaims or other remedies available, and what practical steps should be taken before court proceedings begin.
What the reforms mean in practice
The transition from the former AST and Section 21 framework to the Renters’ Rights Act regime represents one of the most substantial changes to residential landlord and tenant law in decades.
For landlords, the reforms make correct procedure, record keeping and early possession planning increasingly important.
For tenants, the changes provide greater protection against informal or procedurally defective attempts to recover possession, while also making it important to understand notices, preserve evidence and act quickly where legal deadlines apply.
Obtaining advice at the outset, before serving or responding to a notice, refusing a request, challenging a rent increase or commencing possession proceedings, may significantly reduce the risk of delay, invalid procedure and unnecessary costs.
How Privity Legal can assist
Privity Legal advises landlords, tenants, managing agents and property businesses on residential landlord and tenant matters, including Section 8 possession proceedings, rent arrears and persistent late payment, landlord possession where a property is to be sold or occupied, tenancy agreements and Renters’ Rights Act compliance, tenancy deposits, rent increases and First tier Tribunal proceedings, HMO and selective licensing, housing disrepair, unlawful eviction and harassment, landlord and tenant disputes, and possession and enforcement proceedings.
For advice concerning a residential tenancy or the application of the Renters’ Rights Act 2025, please contact Privity Legal at enquiries@privitylegal.co.uk
This article is intended for general information only and does not constitute legal advice. The appropriate procedure will depend upon the facts of each individual case.
