Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
Legislation rarely appears from nowhere. The Renters’ Rights Act 2025 is the product of several years of evidence gathering, policy debate and political pressure about the condition of England’s private rented sector. Understanding why the Act was introduced helps to explain both what it is trying to achieve and how it is likely to be interpreted and applied by courts and enforcement bodies in the years ahead.
The Growth of Private Renting
When the Housing Act 1988 created the legal framework that has governed private renting in England ever since, the private rented sector was a relatively small part of the housing market. It was used mainly by younger people and those in transition between other tenures. Today, things are very different. The private rented sector now comprises around 19 per cent of all households in England, approximately 4.7 million properties housing around 11 million people. Families, older people, people with disabilities, and those who will never be in a position to buy their own home now rely on private renting as a long-term, permanent housing solution.
A legal framework designed for a small transitional market was not well suited to serve as the permanent housing solution for one in five English households. That is the fundamental argument for reform.
The Problem with Section 21
Central to the case for the Act was the operation of Section 21 of the Housing Act 1988, which allowed landlords to end a tenancy by serving a notice with just two months’ warning and no obligation to give any reason. In many cases this was used perfectly legitimately by landlords who needed to sell a property or had other genuine reasons to end a tenancy. But the evidence accumulated over many years that Section 21 was also being used as a response to tenants who had complained about the condition of their property or exercised their legal rights. Housing charities documented cases of families being evicted after asking for repairs or contacting Environmental Health.
The broader effect of Section 21 was a chilling effect on tenants’ willingness to complain at all. If you know that your landlord can serve you with a notice and end your tenancy with no reason given, the rational response in many cases is to stay quiet about problems rather than risk losing your home. The Government concluded that this dynamic was contributing to poor housing conditions in the private rented sector and that removing the power of no-fault eviction was necessary to change it.
The Evidence of Market Dysfunction
The case for reform was supported by data on the state of the private rental market. Average private rents in England rose by 8.6 per cent in the year to July 2024, significantly outpacing wage growth. In London, the figure was 9.7 per cent. Around 17 households were competing for each advertised rental property in 2024, according to Rightmove. This extreme imbalance of supply and demand had given rise to bidding wars, with prospective tenants offering above the asking rent simply to secure a property, and to the practice of landlords requiring several months’ rent in advance, which effectively excluded anyone without substantial capital savings from competing in the rental market.
What the Act Is and Is Not Trying to Do
It is worth being clear about the scope of the Act’s ambitions, because there has been a good deal of commentary suggesting it will either fix all the problems of the private rented sector or destroy it as an investment proposition. Neither of those positions is accurate.
The Act does not introduce rent controls. It does not prevent landlords from making a reasonable return on their investment. It does not make it impossible to recover possession of a property when there is a legitimate reason for doing so. What it does is remove the ability to evict without reason, restrict certain practices that were driving tenants out of the market, and create a regulatory infrastructure that did not previously exist.
For landlords who have always provided good homes and treated their tenants fairly, the practical impact of the Act is manageable. The main burden falls on those who have relied on informal practices, poor compliance, or the power of no-fault eviction as a management tool.
Cramp & Mullaney LLP advises landlords and tenants across London and the South East on the Renters’ Rights Act 2025 and all aspects of landlord and tenant law. If you would like to discuss your situation, please call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222. We offer a fixed fee 30-minute initial consultation.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
