By Carla Jones

The first two articles in this series explained what the Renters’ Rights Act does and the key dates for implementation.

This final piece looks at what happens in practice when disputes arise — and how landlords and tenants should approach them.

A move to an evidence-based system

With the abolition of section 21, landlords can no longer rely on process alone. Any possession claim must now be justified by a specific statutory ground, supported by evidence.

What this means in practice is that landlords will need to have clear rent schedules for arrears claims, documented complaints or incidents for anti-social behaviour and genuine, evidenced intention if relying on sale or occupation grounds.

In short, record-keeping becomes critical.

More challenges, more scrutiny

Tenants will have stronger rights to challenge decisions, particularly rent increases.

Any proposed increase can be referred to the Tribunal, which will assess whether it reflects market rent. Landlords can no longer rely on contractual rent review clauses, and poorly supported increases are more likely to be disputed.

This introduces a level of uncertainty that has not previously existed.

Pressure on the courts

A practical consequence of the new regime is likely to be delay.

With the abolition of the “no-fault” route, more cases are likely to be contested. This is expected to result in longer possession timelines, increased legal costs; and above all, greater uncertainty for landlords.

Early action will be key. Allowing arrears or issues to escalate without intervention will make resolution harder and slower.

Compliance remains essential

Even where a landlord has a valid ground, failure to comply with the new rules can prevent enforcement.

Early compliance includes providing required documents to tenants, following the correct statutory process; and complying with new regulatory requirements. All of these factors have the potential to de-rail a possession claim and non-compliance may result in financial penalties and an inability to recover possession.

Communication matters more than ever

With fewer quick routes to possession, early engagement is crucial. Rather than waiting for arrears to build, Landlords should address issues as soon as they arise. All communications should be recorded. Landlords should, especially in the early days of the new rules, ensure that they will understand what is expected of them and when in doubt, seek expert advice to guide them.

Tenants, in turn, benefit from greater security but should engage constructively to resolve disputes where possible.

Final thoughts

The Act represents a clear shift towards a more regulated and evidence-driven system.

Landlords who are organised, proactive and well-advised will adapt. Those who are not are likely to find the new regime challenging.

As ever, preparation and early advice will make the difference.