18th May 2026 | Commercial | Legal Services for Landlords

The Renters’ Rights Act 2025: England v Wales

A tale of two systems reshaping the private rental sector for landlords.

England and Wales are no strangers when it comes to rivalry, but this time the differing sides are in the private rental sector, rather than on the pitch. As major reforms get underway in England, and Wales continues to operate under its already established system, both nations are moving towards tighter regulation and broader protections for tenants.

Wales completed its overhaul with the Renting Homes (Wales) Act 2016, which took full effect in December 2022. The Act saw traditional tenancies replaced with occupation contracts and introduced a completely new legal structure for landlords.

The sector in England is now transforming with the introduction of the Renters’ Rights Act 2025, which saw the first and most significant changes taking effect on 1 May 2026.

For landlords with properties on both both sides of the border, it is crucial that you have an understanding of your obligations, especially where there are unique differences between the two systems.

The Renting Homes (Wales) Act

The Renting Homes Wales Act has replaced almost all traditional tenancies with occupation contracts, and tenants are now formally recognised as contract holders. A written occupation contract is compulsory. For any new contract, landlords must provide a written statement within 14 days, otherwise they risk compensation liabilities and may be restricted from serving certain notices.

Possession rules have also changed significantly. A no fault route notice (meaning the landlord does not need to prove any breach by the contract holder) remains available through Form RHW16 and under Section 173 of the Act, but only where the landlord has complied with every contractual and statutory requirement. The notice period is now 6 months, and if the written statement was provided late or is incomplete, a further 6 month waiting period applies before notice can even be served.

In addition, landlords must be registered and often licensed through Rent Smart Wales, a long‑standing requirement that predates the Renting Homes Wales Act.

Introduction of The Renters’ Rights Act in England

In England, the first raft of changes under the Renters’ Rights Act 2025 came into force on 1st May 2026. These included:

Assured shorthold tenancies ended, with all tenancies becoming open‑ended assured periodic agreements
Section 21 ‘no fault’ evictions have been abolished (however, if a Section 21 was served prior to the 1st May 2026, the eviction may proceed).
Most Section 8 notice periods increase, many to 4 months
Mandatory rent arrears ground rises to 3 months of arrears (excluding Universal Credit delays)
Tenants gain a two-month notice right at any time
Landlords must issue a written statement of terms within 28 days
New Section 8 grounds apply, including updated sale and occupation grounds
Landlords must consider pet requests within 28 days, and refusals require valid reasons

There are however further changes to come, which landlords should be aware of.

Late 2026
Stage one of the regional roll out of The Private Rented Sector (PRS) Database will get underway in late 2026. Signing up to the PRS Database will be mandatory for all PRS landlords and they will be required to pay an annual fee, which will be confirmed closer to launch. Landlords will have to register themselves and their properties before marketing or letting, and failure to register will prevent reliance on Section 8 for possession.

2027-2028
Stage two of the roll out of the database will , along with the introduction of the PRS Landlord Ombudsman. The Ombudsman will provide a redress service for private rented sector tenants when things go wrong. It will also support landlords with tools, guidance and training on handling complaints from tenants early. The Ombudsman scheme will be mandatory for PRS landlords, who will be required to fund the service through a charging model which will be confirmed closer to launch.

2035 to 2037

Following consultation, England plans to extend the Decent Homes Standard fully into the private rented sector and implement a full rollout of Awaab’s Law, requiring prompt investigation and action on hazards such as damp and mould.

This staggered implementation means landlords in England will face several waves of compliance changes over the next decade.

Possession in England and Wales

The routes to regain possession differ sharply in England and Wales.

From 1 May 2026, England removes the no‑fault route entirely. Every possession claim must proceed under Section 8, requiring evidence, longer notice periods and strict procedural compliance. The accelerated possession procedure will no longer be available, removing what was previously the quickest route to regain possession where there was no dispute about the tenancy.

Wales still technically permits no‑fault possession through the Notice of Termination: Form RHW16, or by issuing a valid landlord’s notice through Section 173, but only where every contractual and statutory requirement has been met. The six-month notice period, combined with the further six-month waiting period triggered by a late or incomplete written statement, makes the process lengthy, even where there is no dispute.

However, unlike England, Wales continues to offer the practical equivalent of an accelerated route, provided the paperwork is flawless.

For many landlords, the practical effect is similar across both nations:

Possession will be slower
Increased dependency on documentation; and
More costly to get wrong.

Compliance

In Wales, compliance involves meeting a range of statutory obligations before a landlord can rely on the no‑fault route under Form RHW16 or Section 173. These include, but are not limited to:

issuing the correct written statement with all fundamental and supplementary terms
using the prescribed forms
maintaining a valid EICR
 holding an up‑to‑date EPC
 completing annual gas safety checks
 being registered and, where required, licensed with Rent Smart Wales
 protecting any deposit taken and providing the required information
These are some, but not all, of the requirements in place, and any failure may invalidate notices or lead to compensation liabilities.

In England, compliance will be tied directly to the forthcoming PRS Database. Any landlord who has not registered will be legally prevented from seeking possession under Section 8, and penalties for incorrect information may reach £40,000.00. The database will operate in a way that is broadly comparable to Rent Smart Wales, although each system imposes its own registration obligations and enforcement framework.

Across both nations, the position is clear: landlords who do not maintain full, accurate and timely documentation may find they have no lawful route to recover possession at all.

Rent Increases

In England, the Renters’ Rights Act means:

Rent can only be increased once a year
Two-months notice must be given for any rent increase
Landlords must use the official Section 13 process (via Form 4A), proposing a rent that matches similar properties on the open market.
You cannot evict a tenant for challenging a rent increase

Wales also regulates rent increases, but the mechanism sits within the occupation contract. Rent can only be increased using the Notice of Variation of Rent (Form RHW12), and any increase must follow the statutory process set out in the Renting Homes (Wales) Act 2016, including compliance with Sections 104(1) and 123(1).

While Wales already has a formalised process, the changes in England will arguably create an even stricter framework, with contractual clauses effectively side-lined and the Tribunal’s discretion sharply limited.

Property Repairs

In Wales, landlords are required to ensure dwellings are ‘Fit for Human Habitation‘. England will adopt similar obligations through the extension of the Decent Homes Standard and the full rollout of Awaab’s Law (which require higher minimum housing standards and rapid action on damp and mould).

Across both nations, landlords are expected to be proactive and responsive. Duties around rent, repairs and day‑to‑day management are becoming increasingly formalised, with oversight likely to tighten further over the coming decade.

How can we help?

It has never been more important for Private Sector Landlords in both Wales and England to maintain clear documentation and accurate records, to ensure they are fully compliant with the regulations.

Whichever side of the border you are on, our specialist Landlord & Tenant solicitors can help you:

Update tenancy agreements and occupation contracts
Serve valid possession notices in line with the relevant laws
Manage disputes and possession proceedings

If you need advice in relation to either Rent Smart Wales, or the Renters’ Rights Act, please send us an email, or call us on 01633 848630.

If you are a landlord with a portfolio that includes residential and commercial properties, as a full-service law firm we can advise you on both of these areas. We have a dedicated Commercial Property team which ensures that Harding Evans can be your one-stop shop for all of your property matters.

Watch…

Commercial Solicitor George Tagoe explains the key differences between the differing legislation to former Wales and British & Irish Lions Captain Sam Warburton: