Rental disputes: Dealing with the new regime post Renters’ Rights Act

27 July 2026

The Renters’ Rights Act has introduced significant changes to the private rented sector in England, leaving many landlords uncertain about how best to deal with disputes following these changes.

Common disputes between landlords and tenants include rent increases, repairs and maintenance and rent arrears.

The Renters’ Rights Act strictly limits private rent increases to once per year. Landlords must give at least two months’ notice using the statutory Section 13 process. If this is not done correctly, tenants have the right to raise a dispute.

As well as this, tenancies must now be rolling periodic, as opposed to assured shorthold tenancies, which were allowed pre-Renters’ Rights Act.

The best way to resolve a dispute is by doing it early and documenting all communication to ensure landlords keep good relationships with their tenants.

Informal communication

Quite often, disputes over missed rent payments or proposed rent increases can be resolved via early communication, for example, a polite telephone call or email to the tenant to clarify any issues and offer resolutions.

An example of a resolution where a tenant is experiencing temporary financial difficulties would be agreeing on a realistic repayment plan to enable the recovery of rent arrears while allowing the tenancy to continue.

It is important to keep written documentation of all communication and to create a clear and updated rent account spreadsheet or statement in case a dispute escalates.

Mediation

Following the abolition of the Section 21 no-fault evictions under the Renters’ Rights Act, mediation is proving to be a useful option for landlords seeking to resolve disputes without court proceedings.

Mediation can provide a quicker and more cost-effective alternative to court for resolving issues such as rent arrears, disrepair and antisocial behaviour.

Where appropriate, landlords should try to resolve claims through mediation to resolve issues before they go to court. Once mediation is completed, the landlord and tenant should have a legally binding agreement.

During this process, there should be an independent third-party mediator to help both parties communicate and negotiate a mutually acceptable resolution.

Formal legal action

If mediation fails, the next step is to apply to the Court to file a formal claim. Depending on the nature of the dispute, there are several routes to follow.

Landlords must now rely on one of the 37 expanded, reformed Section eight grounds under the Housing Act 1998, which cover situations like rent arrears, moving back in, selling up, or serious tenancy issues.

In cases of rent arrears (Sections 8, 10 and 11), if a tenant owes at least three months’ rent, the court is required to grant possession, and landlords must usually give the tenant four weeks’ notice to leave the property.

There are also clear routes for landlords who need the property back for personal reasons, such as section 1 if they or a close family member plan to live there, or section 1A if they genuinely intend to sell, both of which require giving the tenant four months’ notice to vacate.

For more serious or ongoing problems like anti-social behaviour or repeated breaches, the court has discretion and will decide whether eviction is reasonable based on the circumstances.

The process itself generally involves serving the correct notice with the relevant evidence, applying to the court if the tenant doesn’t leave, and, if needed, using bailiffs to enforce the eviction once a possession order has been granted.

How can we help

Landlords should ensure that they secure legal advice from the informal communication stage to the legal action stage of a legal dispute.

Our solicitors can aid with informing correct steps for informal communications, manage mediation and assist you in court should the process escalate to a legal dispute.

Our talented team of solicitors are here to help you through every step of a landlord-tenant dispute.

Get in touch today for expert advice on rental disputes.