Tenant Redress for Abuse of Possession Grounds Under the Renters' Rights Act 2025
How the Renters' Rights Act 2025 redress provisions work for private tenancies in England: the restriction on letting or marketing after Grounds 1 and 1A, offences and penalties of up to £40,000, and rent repayment orders of up to 2 years' rent.
Quick Answer
The Renters' Rights Act 2025 inserted new sections 16D to 16M and Schedule 2ZA into the Housing Act 1988. For private assured tenancies in England they came into force on 1 May 2026. Together they give tenants a route to redress where a landlord misuses a possession ground. - A ban on re-letting after Grounds 1 and 1A. Where a landlord relies on Ground 1 (the landlord or a family member moving in) or Ground 1A (sale), the landlord must not let the property (on a tenancy of 21 years or less, or a paid licence) or market it for letting, from the day the notice is served until the end of 12 months beginning with the earliest date given in the notice, whether or not the tenancy continues (s.16E(2)–(4) and s.16M(4)–(7)). - Two criminal offences that matter most to former tenants. It is an offence to rely on any possession ground knowing that the landlord would not be able to get a possession order on it, or being reckless about that, where the tenant then surrenders the tenancy within four months without a possession order being made (s.16J(1)). Breaking the ban on re-letting or marketing is also an offence (s.16J(2)). - Council penalties. The local council can impose a financial penalty of up to £40,000 instead of prosecuting a s.16J offence (s.16K(3)). A separate penalty of up to £7,000 is available under s.16I for breaches of the other duties in s.16D and s.16E(1), such as serving a document that purports to be a possession notice but is not a valid section 8 notice, or purporting to end the tenancy by notice to quit or orally. It is also available for relying on a ground without reasonably believing it can succeed, where the tenant then surrenders within four months without a possession order (s.16I(1)(a)–(b) and (6)). - Rent repayment orders. A former tenant can apply to the First-tier Tribunal (Property Chamber) on the official form RRO1 for a rent repayment order. The Tribunal must be satisfied beyond reasonable doubt that the offence was committed, but the landlord does not need to have been convicted (Housing and Planning Act 2016 s.43(1)). The application must be made within 2 years of the offence (s.41(2)(b)), and the order can cover rent paid for up to 2 years (s.44(2)). This article covers England. From 1 May 2026 these rules apply to private assured tenancies. Assured tenancies of social housing let by private registered providers (housing associations) stay on the pre-1 May 2026 rules, including Form 3, the two-month or eight-week Ground 8 threshold and section 21, until the Renters' Rights Act changes are commenced for them. GOV.UK guidance published on 1 August 2026 says the Act will apply to those tenancies from October 2027, but no commencement regulations have yet been made for them. In Wales most tenancies are occupation contracts under the Renting Homes (Wales) Act 2016.
Last reviewed: 1 October 2026 — England
General information only. This article describes the law in England as at the date shown above. It is not legal advice and is not a substitute for advice on your case. For independent advice, contact a Law Centre, Citizens Advice or Shelter England. The Housing Loss Prevention Advice Service, funded by the Legal Aid Agency, gives early legal advice on housing, debt and welfare benefits to anyone at risk of possession proceedings and losing their home, and on-the-day advice and representation at possession hearings, regardless of their financial circumstances. Help is available from the moment someone receives written notice that possession of their home is being sought. Find a provider at find-legal-advice.justice.gov.uk.
The Problem the Act Was Designed To Solve
Under the old section 21 procedure, a landlord could end an assured shorthold tenancy without giving a reason. Nothing needed to police what happened afterwards.
For private assured tenancies, section 21 was repealed from 1 May 2026, so possession now depends on proving a ground in Schedule 2 to the Housing Act 1988. Some grounds turn on what the landlord says they intend to do: move in or house a close family member (Ground 1), sell (Ground 1A), or demolish, reconstruct or carry out substantial works (Ground 6). The new provisions aim to stop these grounds being used as a back door to a no-reason eviction.
The Rules in Detail
Relying on a ground without good reason
A landlord, or anyone acting or purporting to act for the landlord (other than their legal representative), must not rely on a possession ground unless they reasonably believe the landlord is, will or may be able to obtain a possession order on it (s.16E(1)(e)). "Relying on" a ground means serving a section 8 notice, or a document that purports to be one, asserting the ground, or filing a possession claim on it (s.16M(2)).
What follows depends on how serious the conduct was and on whether the tenant left:
| Conduct | Consequence | Source |
|---|---|---|
| Relying on a ground without reasonably believing it can succeed, and the tenant surrenders the tenancy within four months without a possession order | Civil penalty of up to £7,000 | Housing Act 1988 s.16I(1)(b), (6) |
| Relying on a ground knowing it cannot succeed, or being reckless about that, and the tenant surrenders within four months without a possession order | Criminal offence, or a civil penalty of up to £40,000 instead of prosecution | s.16J(1), s.16K(1), (3) |
| Letting or marketing in breach of the Ground 1 / 1A restriction | Criminal offence, or a civil penalty of up to £40,000 instead of prosecution | s.16J(2), s.16K(1), (3) |
The council cannot impose a penalty for conduct for which the person has been convicted, or is being or has been prosecuted, and a person cannot be convicted under s.16J(1), (2) or (4) for conduct for which a penalty has already been imposed (s.16I(8), s.16K(2) and s.16J(6)). On conviction the court can impose a fine (s.16J(10)).
The restriction on letting and marketing after Grounds 1 and 1A
Where a landlord relies on Ground 1 or Ground 1A, the landlord must not let the property on a tenancy of 21 years or less, or let anyone occupy it under a licence for payment, during the "restricted period" (s.16E(2)). The landlord and anyone acting for them also must not market it for letting during that period, or authorise someone else to do so (s.16E(3)). The restriction continues whether or not the tenancy continues (s.16E(4)).
Where the ground is relied on in a notice, the restricted period runs from the date the notice is served until the end of 12 months beginning with the date given in the notice as the earliest date on which proceedings will begin (s.16M(4)(a)). If the notice also relies on Ground 7A or 14 and so gives an earlier date, or if the document is not a valid section 8 notice and gives no date or a date that could not validly have been given, the 12 months instead begin with the earliest date that could validly have been given in a section 8 notice served on the same day relying on Ground 1 or 1A alone (s.16M(5)–(6)). If the ground is first relied on in a claim form or particulars of claim, it is the 12 months beginning with the date they are filed with the court (s.16M(4)(b)). If the court makes a possession order on a different ground before the period ends, the period ends on the date of that order (s.16M(7)).
There are narrow exceptions (s.16F). For example, under Ground 1 the property can be let to the family member who needed it. Under Ground 1A a buyer can be given a licence to occupy in anticipation of the purchase. There are also special rules where the landlord is a shared owner. A letting or managing agent who breaks the marketing ban has a defence if they took all reasonable steps to avoid doing so; a landlord does not (s.16J(2)).
Who enforces
The local housing authority (your local council) decides whether to impose a penalty or prosecute. Before imposing a penalty, it must follow the notice procedure in Schedule 2ZA. A landlord can appeal a final penalty notice to the First-tier Tribunal within 28 days beginning with the day after the notice was given (Sch.2ZA para.10(1)–(2)).
Rent Repayment Orders
A rent repayment order requires a landlord who has committed a listed offence to repay rent to the tenant. Offences under s.16J(1), (2) and (3) of the Housing Act 1988 were added to the list from 1 May 2026 (Housing and Planning Act 2016 s.40(3), rows 2A to 2C).
Key points for a former tenant:
- You can apply after you have moved out. The usual rule that the offence must relate to housing let to you at the time of the offence does not apply to s.16J(1) or (2) offences (s.41(2A)). That matters because a re-letting offence usually happens after you have left.
- Time limit. The offence must have been committed in the 2 years ending with the day you apply (s.41(2)(b)).
- Standard of proof. The Tribunal must be satisfied beyond reasonable doubt that the offence was committed, whether or not the landlord has been convicted (s.43(1)).
- How much. For a s.16J(1) offence, the order relates to rent paid in the 2 years ending with the date of the offence. For a s.16J(2) offence, it is the 2 years ending with the date of the offence or, if the tenancy ended before that date, the date it ended (s.44(2)). Any universal credit paid towards the rent is deducted (s.44(3)). In deciding the amount, the Tribunal must in particular take into account the conduct of the landlord and the tenant, any rent the tenant received for that period in relation to the housing (for example, from a subtenant), the landlord's financial circumstances, and whether the landlord has ever been convicted of, or received a financial penalty for, a rent repayment order offence, or had a rent repayment order made against them (s.44(4)). If the Tribunal decides to make an order, it must order the maximum it has power to order under s.44 (without taking the s.44(4) factors into account) where the landlord has been convicted of the offence, or has received a financial penalty for it and the time for appealing the penalty has expired and any appeal has been finally decided or withdrawn. The same applies where the landlord has at any time, whether or not in relation to the same tenancy or housing, been convicted of, received a financial penalty for, or had a rent repayment order made against them for, another offence which is the same offence. The Tribunal does not have to order any amount that, because of exceptional circumstances, it considers it would be unreasonable to require the landlord to pay (s.46).
- The form. Apply on the official form RRO1 (current version RR01_0526v2, published on GOV.UK on 8 May 2026). Source the official form online from GOV.UK. An application fee is payable, and a further fee if the Tribunal lists a hearing. Help with fees may be available; see the Help with Fees part of section 11 of form RRO1 and the GOV.UK guidance for tenants.
The council can also apply for a rent repayment order itself (s.41(1)).
What Each Side Should Do
The Landlord
Before you rely on Ground 1 or Ground 1A:
- Be sure of the intention. Keep written evidence of the basis for the ground, such as an estate agent's instruction, a family member's confirmation or a relocation plan.
- Do not let or market the property during the restricted period. Tell any agent the dates in writing.
- If your plans change, take advice before you do anything with the property. Do not simply re-let.
The ground is only half of it. A landlord who relies on Ground 1 or 1A takes on the 12-month no-relet rule, and the deposit bar sits across the order whatever the ground. ComplyWithMe's guide to Section 8 grounds for possession after the Renters' Rights Act 2025 sets both out, and its exposure check shows what a property is exposed to from a postcode and a few answers.
The Tenant
If you left after a Ground 1 or 1A notice, you can keep an eye on the property:
- Set up a saved search on the letting websites. If your former home is advertised to let within the restricted period, keep dated screenshots.
- Report what you find to the local council. Send the screenshots, dates and address, with your notice and any possession paperwork.
- Consider a rent repayment order application on form RRO1 within 2 years of the offence. Take advice first. You must be able to prove the offence beyond reasonable doubt, so organise your evidence in date order.
If you left after a notice on any ground and believe the landlord knew the ground could not succeed, the same steps apply. The four-month window in s.16J(1)(b) runs from the date the ground was relied on.
For the notice periods that apply to each ground, see our guide to Form 3A notice periods.
The Private Rented Sector Database
The Renters' Rights Act 2025 provides for a Private Rented Sector Database (Part 2, Chapter 3). On 1 October 2026 those provisions are not yet in force. No commencement regulations have brought into force the duty to register, the database offences or section 90, which would stop the court making a possession order while the landlord is not registered (except on Ground 7A or Ground 14).
In a press release of 9 September 2026, the Ministry of Housing, Communities and Local Government announced that the registration service "will launch on 15 December 2026, starting in the West Midlands and onto other areas over 12 months", and that "all landlords actively letting property will need to have registered by 14 November 2027". These are announced plans. Until section 90 is commenced, it cannot be relied on to resist a possession claim.
Where to Get Help
- Your local council for reporting a suspected breach. Ask for the private sector housing or tenancy relations team.
- Citizens Advice, Shelter England or a Law Centre for independent advice on whether you have a case.
- The Housing Loss Prevention Advice Service if you are still facing possession proceedings. Find a provider at find-legal-advice.justice.gov.uk.
- GOV.UK guidance: "Rent Repayment Orders: guidance for tenants" explains the Tribunal process step by step.
Authoritative Sources
- Housing Act 1988, ss.16E, 16F, 16I, 16J, 16K, 16M and Schedule 2ZA: legislation.gov.uk/ukpga/1988/50
- Renters' Rights Act 2025: legislation.gov.uk/ukpga/2025/26
- Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (SI 2026/421): legislation.gov.uk/uksi/2026/421
- Housing and Planning Act 2016, ss.40, 41, 43, 44 and 46: legislation.gov.uk/ukpga/2016/22
- Tribunal Procedure (First-tier Tribunal) (Property Chamber) Rules 2013 (SI 2013/1169): legislation.gov.uk/uksi/2013/1169
- Form RRO1: gov.uk/government/publications/apply-for-a-rent-repayment-order-form-rro1
- Rent Repayment Orders: guidance for tenants: gov.uk/guidance/rent-repayment-orders-guidance-for-tenants
- MHCLG press release, 9 September 2026: gov.uk/government/news/stronger-protections-and-greater-confidence-for-renters
BundleCreator's Housing Possession & Tenant Debt subsite at /housing-possession-debt maps the possession journey from notice to enforcement.
Nothing in this article is legal advice or a substitute for it. The information here describes the law as it stands at the date shown; the law and procedure may change. For independent advice, contact Citizens Advice, Shelter England or your local Law Centre. The Housing Loss Prevention Advice Service, funded by the Legal Aid Agency, gives early legal advice on housing, debt and welfare benefits to anyone at risk of possession proceedings and losing their home, and on-the-day advice and representation at possession hearings, regardless of their financial circumstances. Help is available from the moment someone receives written notice that possession of their home is being sought. Find a provider at find-legal-advice.justice.gov.uk.
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Former Head of Data Security at Holland & Barrett, a Governance, Risk and Compliance specialist, Stevie brings over 30 years of technology expertise—including delivery for Sky, Disney, and BT—to court bundle compliance. His five years navigating the UK Family Court, both with legal representation and as a litigant in person, revealed the gap between what courts require and what tools deliver.
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