Before and After Renters Rights Act

Area	Before (Pre-Act Position)	After (Under Renters’ Rights Act)	Practical Enforcement Impact
Security of Tenure	Assured Shorthold Tenancies (ASTs) commonly fixed term (6–12 months).	All tenancies periodic by default. Fixed terms largely abolished.	Less end-of-term churn; more disputes mid-tenancy.
Section 21	Housing Act 1988 s21 allowed “no-fault” eviction with 2 months’ notice (subject to compliance requirements).	Section 21 repealed. All possession must rely on statutory grounds.	Significant shift to evidential Section 8 cases; increased Tribunal/court scrutiny.
Section 8 Grounds	Existing mandatory and discretionary grounds; limited sale/move-in grounds.	Strengthened and expanded grounds including sale and family occupation (with safeguards).	Greater evidential burden; misuse may trigger penalties.
Rent Increases	s13 procedure available; rent increases sometimes embedded via new fixed term or informal uplift.	Rent increases limited to once per year via statutory process only. Tenants may challenge at Tribunal.	Increased Tribunal caseload; need for market evidence.
Rental Bidding	No statutory prohibition on accepting above-asking offers.	Rental bidding banned; landlords must advertise clear rent.	Trading Standards / LA enforcement role increases.
Discrimination	Blanket “No DSS” or “No Children” policies sometimes used (subject to Equality Act challenge).	Blanket bans prohibited. Must assess affordability individually.	Potential civil penalties for non-compliance.
Pets	Landlord discretion; often blanket prohibition.	Tenants may request pet; refusal must be reasonable.	Disputes likely over reasonableness and insurance.
Decent Homes Standard	Applied to social housing; PRS regulated via HHSRS under Housing Act 2004.	Decent Homes Standard extended to PRS.	Higher condition benchmark; damp/mould focus intensifies.
Landlord Redress	Letting agents required to join redress scheme; landlords not universally required.	Mandatory PRS Ombudsman membership for landlords.	Alternative dispute route; fewer minor court claims.
Landlord Database	No comprehensive national landlord register (except selective licensing areas).	Mandatory national PRS database / property portal.	Improved intelligence-led enforcement.
Eviction for Sale	Limited flexibility; often relied on s21.	New mandatory ground for sale (subject to timing restrictions).	Monitoring required to prevent abuse and immediate re-letting.
Eviction for Arrears	Ground 8 mandatory at 2 months arrears.	Ground 8 retained but amended to address persistent arrears patterns.	More nuanced arrears litigation.
Student Market	Relied heavily on fixed terms + s21.	Specific ground to allow recovery for new student cohort.	Protects student letting cycle.

Strategic Shift Summary

Before:

• System structurally dependent on Section 21.
• Fixed terms created predictable possession windows.
• Enforcement heavily condition-based (HHSRS).

After:

• System structurally dependent on Section 8 evidential grounds.
• Greater tenant security.
• Increased regulatory oversight (Ombudsman + Database).
• Higher property condition expectations.

Likely Operational Consequences (EHO / Housing Enforcement Context)

Increased:

• Rent increase challenges
• Arrears-based possession litigation
• Condition complaints

Stronger integration between:

• HHSRS enforcement
• Civil penalties (s249A HA 2004)
• Rent Repayment Orders
• Intelligence-led enforcement via database analytics