Renters' Rights Act and HMOs (end of Section 21)

Usually yes, where the letting is an assured private tenancy in England. An HMO licence does not exempt you from tenancy reform. Licensing under the Housing Act 2004 remains a separate regime (GOV.UK — HMO licence · AgentHMO licensing guide HMO licensing guide).

Purpose-built student accommodation (PBSA) that meets approved codes is treated differently (exemption from the assured tenancy system is described in the implementation roadmap). Ordinary shared student houses that need an HMO licence are generally in the reformed PRS system — confirm your facts with a solicitor.

GOV.UK’s implementation roadmap sets three phases. Dates below reflect that roadmap plus later GOV.UK updates checked for this page (Europe/Lisbon, 28 October 2026). If GOV.UK has not confirmed that a later measure has commenced, we say it is not confirmed.

Phase 1 — took effect from 1 May 2026 (PRS tenancy core)

Phase 1 PRS tenancy reforms took effect from 1 May 2026. Per the roadmap and GOV.UK tenant overview, that package includes:

• Abolition of Section 21 no-fault evictions for the PRS
• Movement of new and existing PRS tenancies to assured periodic tenancies
• Reformed possession grounds (Section 8 framework)
• Rent increases limited to once a year via the revised section 13 process (at least two months’ notice)
• Limits on rental bidding and rent in advance
• Anti-discrimination rules (children / benefits)
• Duty to consider pet requests
• Stronger council enforcement tools and expanded rent repayment orders in the Phase 1 package

New investigatory / enforcement powers for councils went live earlier, on 27 December 2025, on the same roadmap.

Landlords with existing written agreements were required to give tenants the government Information Sheet on or before 31 May 2026 (GOV.UK — Information Sheet 2026). If you have not yet done so where that duty applied, treat it as a live compliance issue and check GOV.UK / instruct a solicitor — AgentHMO does not assess your individual liability.

Phase 2 — late 2026 onward (database rolling out; ombudsman later)

• PRS Database (“Register your rental property”): the roadmap timed Phase 2 from late 2026. A GOV.UK news announcement (9 September 2026) states a regional rollout launching 15 December 2026 (starting in the West Midlands), with further regions through 2027 and active-letting registration targeted by 14 November 2027. As of 28 October 2026, that December launch had not yet occurred — treat registration start dates and fees as subject to GOV.UK and any final regulations; draft database regulations had been laid before Parliament, so detail can still change until made. Confirm the live position on GOV.UK before you act.
• PRS Landlord Ombudsman: the roadmap expects mandatory landlord membership around 2028, with notice before sign-up is required. Mandatory membership from a specific 2028 date is not confirmed as commenced on the pages cited — verify on GOV.UK.

Phase 3 — Decent Homes / Awaab’s Law (dates TBC)

Roadmap: Decent Homes Standard and Awaab’s Law extension to the PRS after consultation. Implementation dates were not confirmed as fixed commencement days on the roadmap when last checked — subject to consultation outcomes.

Social rented sector Section 21 abolition is scheduled later than PRS Phase 1 (roadmap points to 2027 for social reforms) — separate from typical HMO investor stock.

Under Phase 1, the PRS model is the assured periodic tenancy: it rolls until the tenant gives notice (typically two months under the reform narrative) or the landlord recovers possession through a valid ground and process.

From 1 May 2026, most existing assured shorthold tenancies converted to assured periodic tenancies in one stage (GOV.UK tenant overview). Landlords can no longer use Section 21 for new PRS possession claims under the reformed system. Court cases started before 1 May 2026 may, in some situations, continue — that is a solicitor question, not a blog checklist.

Section 21 previously allowed possession without proving a “fault” ground after the correct notice. For the PRS, that route ended under Phase 1 from 1 May 2026. Landlords must use statutory possession grounds (the reformed Section 8 framework). If the tenant does not leave, the landlord still goes to court and must evidence the ground.

AgentHMO will not tell you which notice to serve, how to draft it, or whether your facts meet a ground. Instruct a solicitor. Court digitisation of possession is being prepared; until any new digital service is live, existing processes are being updated — see the roadmap’s justice-system section.

The GOV.UK guide includes a detailed grounds table. Themes that matter for multi-lets include:

• Landlord moving in / selling (e.g. Grounds 1 and 1A): typically cannot be used in the first 12 months of a new tenancy; four months’ notice; restrictions on re-letting/marketing after use (12-month restriction described in the guide, with limited exceptions).
• Rent arrears (Ground 8 and related): mandatory threshold moving to three months’ arrears (or 13 weeks if rent is weekly/fortnightly) at notice and hearing, with a longer notice period than the former two-week mandatory arrears notice — check the live table before you act.
• Anti-social behaviour: serious ASB grounds can allow proceedings to begin immediately in defined cases.
• Student HMO Ground 4A: for an HMO let to full-time students needed for a new student group in line with the academic year; four months’ notice; cannot be used if the tenancy was agreed more than six months before the tenancy started (per the guide’s table). Educational-establishment Ground 4 is separate and narrower.

Possession can be blocked if the landlord has not protected a deposit or (when the database duty applies to you) registered on the PRS database — with limited ASB exceptions described in the guide. That is another reason compliance files matter before you serve anything.

Under the Phase 1 rules now in force for the PRS, rent increases go through the statutory section 13 process: at most once per year, to market rate, with a simple notice and at least two months before the new rent takes effect. Tenants can challenge above-market proposals at the First-tier Tribunal. GOV.UK states tenants are not ordered to pay more than the landlord asked, and increases are not backdated in the old way (GOV.UK tenant overview; guide).

Rent review clauses as a bypass are not permitted under the reform narrative on GOV.UK. The government states it does not support rent controls that freeze rents below market — market rent via section 13 remains the stated mechanism. A future rent-determination service via HMRC’s Valuation Office has been announced for England; until that service is live, GOV.UK still points rent challenges to the First-tier Tribunal (GOV.UK news, 9 September 2026).

Also part of the Phase 1 package now in force for the PRS:

• Rent in advance: landlords/agents restricted from requiring large advance rent before the tenancy is entered into; after signing, limits apply (guide/overview: up to one month in defined cases).
• Rental bidding: publish an asking rent; do not ask for or accept bids above it.
• Pets: tenants can request a pet; landlords must consider and not unreasonably refuse.
• Discrimination: illegal to discriminate against prospective tenants with children or on benefits (England; related measures also discussed for Wales/Scotland in the guide).

Civil penalties for several of these breaches are described in bands up to £7,000 (initial) and higher for serious/repeat conduct — see GOV.UK enforcement pages. Figures can change with secondary legislation; verify on GOV.UK before relying on a number in a dispute.

Database (Phase 2 — regional rollout announced from 15 December 2026): landlords of assured/regulated tenancies will need to register themselves and their properties as their region is called forward. GOV.UK has announced a staged England rollout starting in the West Midlands on 15 December 2026, with later regions through 2027. As of 28 October 2026 the service was not yet live — fees, exact data fields and enforcement timing follow GOV.UK and final regulations; do not treat draft SI wording as fully commenced until GOV.UK / legislation.gov.uk show it is. Failure to register when the duty applies can block many possession grounds and attract civil penalties (guide narrative: up to £7,000 / up to £40,000 or prosecution for serious/repeat breaches). Selective licensing is not abolished by the database.

Ombudsman (Phase 2; mandatory membership expected 2028 per roadmap): tenants will be able to complain about landlord acts/omissions; decisions can require apology, action or compensation. Landlords who use agents still need to join when membership is required. Fees expected on a per-property basis — amount and mandatory start date not confirmed as commenced on the pages cited; roadmap expectation remains around 2028.

Multi-let houses often use joint contracts or individual room agreements. Reform does not erase the need for clear written terms, deposit protection and lawful notice — it changed the possession and rent-increase backdrop from 1 May 2026. Landlord entry still needs to respect the tenancy and quiet enjoyment; “Can a landlord enter without permission?” is a facts-and-tenancy question for a solicitor, not a blog checklist.

Tenant rights in an HMO also include licensing-driven standards and safety. See fire rules for HMOs, deposit schemes, HMO council tax and the compliance guide regulatory guide. Shelter’s overview of landlord responsibilities in HMOs remains a useful tenant-facing companion: Shelter — Your rights if you live in an HMO.

1. Re-read current GOV.UK landlord/tenant guidance — Phase 1 is already in force from 1 May 2026; do not rely on this article alone.
2. Inventory tenancies: joint vs individual; student vs professional; written vs verbal; confirm the Information Sheet was issued where required (deadline was 31 May 2026).
3. Stop treating Section 21 as an exit plan for sales or refurbishments; model Ground 1A selling grounds, notice length and the 12-month protected period instead.
4. Keep licence, deposit and safety files tight — they interact with possession and with buyer diligence (HMO licensing).
5. Diary your region’s PRS Database registration window once GOV.UK confirms it for your area (announced rollout from 15 December 2026, West Midlands first) and budget for ombudsman membership when that duty is confirmed.

Buyers will ask whether tenancies converted cleanly, whether any notice plans are lawful, and whether vacant possession promises are realistic under four-month sale grounds and protected periods. Over-confident “empty by Friday” claims fail under enquiry. Occupied sales remain common for investors — use sell your HMO and HMO sales overview, and get a value view via free valuation. Student stock: Ground 4A and academic calendars need solicitor input before marketing claims.

• Guide to the Renters’ Rights Act
• Renters’ Rights Act overview for tenants
• Implementation roadmap
• PRS registration rollout news (9 September 2026)
• Renters’ Rights Act 2025 on legislation.gov.uk
• HMO licence — GOV.UK

Compliance and licensing next: HMO licensing guide · HMO compliance overview