The first major changes under the Renters’ Rights Act come into force on May 1st.
The Act is the biggest change the private rented sector has seen in decades. With this in mind, we recently asked landlords how they’re feeling about the upcoming deadline, if it’s a concern, and, if so, which areas are causing the most worry.
Over the next couple of months, we’ll be answering your most common questions. Having started the series with rent increases, and Section 21, we now turn to potential tenant disputes, tribunal challenges, and the risks of civil penalties and Rent Repayment Orders.
As a reminder - the Renters' Rights Act applies to England and does not apply to landlords who live with a lodger.
1. Can tenants challenge rent increases under the Renters' Rights Act?
Yes. Tenants will have the right to challenge rent increases. Landlords will only be able to increase rent once per year using the Section 13 process. If a tenant believes the increase is above the market rate, they can refer it to the First-Tier Tribunal.
Rent increases must therefore reflect genuine market rates. Read more about
rent increases in our recent Q&A.
2. Can tenants challenge evictions?
Yes. With the removal of Section 21, landlords must rely on specific Section 8 grounds - these are specific circumstances in which a landlord can regain possession (e.g., rent arrears, selling the property, moving in themselves, or breach of tenancy terms).
If a tenant does not leave when an eviction notice is served, a landlord will need to provide evidence in court to prove the relevant ground applies e.g., a landlord might show they’ve instructed an estate agent and solicitor if they wish to prove they're selling a property.
Tenants may challenge possession claims in court. If a mandatory ground is proven, the court is required to grant possession. For discretionary grounds, the court may decide whether eviction is reasonable, even where the ground has been met.
3. Could tenants challenge misuse of possession grounds?
Yes. The Renters' Rights Act introduces restrictions designed to prevent certain possession grounds from being misused.
For example, if a landlord regains possession on the basis that they intend to sell the property or move into it themselves, they cannot re-let the property for 12 months to prevent misuse of the moving-in and selling grounds. To note - there's a specific exception for shared owners (read more here).
4. What if my tenant falls into rent arrears?
Rent arrears will remain a valid ground for possession. However, the Renters’ Rights Act will increase the mandatory eviction threshold from 2 months' arrears to 3 months', alongside other measures.
Landlords should act early if arrears begin to build, keep clear records of payments and communication, and try to resolve the issue with the tenant where possible before the situation escalates.
5. What civil penalties could landlords face under the Renters' Rights Act?
Local authorities will be granted stronger enforcement powers, with penalties of £7,000 for initial breaches or minor non-compliance, rising to up to £40,000 for serious or repeat offences.
6. What is a Rent Repayment Order (RRO)?
A Rent Repayment Order allows tenants (or local authorities) to claim back an amount of rent where a landlord has committed certain housing offences.
7. Can tenants apply for an RRO themselves?
Yes. Tenants can apply directly to the First-Tier Tribunal for a Rent Repayment Order if they believe their landlord has committed a relevant breach.
8. How much rent can tenants reclaim?
The maximum amount of rent that can be reclaimed through a Rent Repayment Order will increase from 12 months to up to 24 months' rent.
9. What kind of things should landlords do to reduce the risk of penalties or tenant challenges?
- Ensure rent increases are market-justified
- Keep clear evidence when using possession grounds
- Respond promptly to repair issues
- Comply with licensing and safety requirements
- Maintain clear communication with tenants
Good record-keeping will be critical if disputes arise.
For further information on upcoming changes: Refer back to the Government's guide to the Renters' Rights Act.
Disclaimer - This is for general information purposes only and shouldn't be treated as legal advice. We recommend you consult an experienced solicitor if you need specific legal advice