The future is now – “Fault” based evictions

This is the third of three articles exploring upcoming reforms in the private rental sector following the Royal Assent of the Renters Rights Act 2025. The aim is to provide an overview of upcoming changes and what this may mean for Landlords, Agents and Tenants alike who work with short-term lets.

As “No Fault” evictions fade away, it will soon be the case that “Fault” based eviction remain the only way to evict Assured Tenants. Something of a misnomer, “Fault” based evictions do not always require the Tenant to be at fault or in breach of their tenancy. For example, the grounds for such eviction can involve something as simple as the Landlord needing to move into the tenanted property. However, most of the statutory grounds relied on for “Fault” based evictions do relate to Tenant’s being in breach of their tenancy (e.g. rent arrears, sporadic rent payments, etc.).

To somewhat plug the gap made by the abolishment of “No Fault” evictions, the Government has added new grounds to the roster for “Fault” evictions. These will come into effect on 1 May 2026. It is predicted that the new ground relating to the sale of the property will prove popular amongst Landlords, given that “No Fault” evictions were typically used to evict tenants whilst the property was sold to achieve a better property price.

Whilst there are new statutory grounds such as these, making use of the existing statutory grounds has become more long-winded. A good example of this is that the Renters’ Rights Act 2025 has increased the level of rent arrears that must accrue before a “Fault” based eviction notice can be served. For rents that were paid monthly, at least two months of rent arrears needed to accrue. Now three months’ worth will be required.

There is also a transitional period for “Fault” based eviction notices served prior to 1 May 2026 using the old laws. Landlords may wish to take action based on “Fault” based before the changes on 1 May 2026, especially if they are unable to rely on a “No Fault” eviction notice. Meanwhile, Tenants may wish to take advice on whether any “Fault” based eviction notices served on them are valid.

This concludes this month’s articles, mostly focused on short-term lets and evictions. Next month’s articles will look at some of the other changes introduced by the Renters’ Rights Act 2025 in relation to rent regulation, impact on long leases and more.

Written by Sadie Cunningham, Associate Solicitor, Judge & Priestley LLP.

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