The Government’s Renters Reform Bill, which is now moving closer to full implementation as of April 2025, is set to make sweeping changes to the rental market in England. While most focus on the abolition of Section 21 ‘no-fault’ evictions, one of the most important developments has been hiding under the radar: letting agents are now directly liable for compliance failures, alongside landlords.
For letting agents, landlords, or property managers, this reform could significantly impact responsibilities, risk, and day-to-day operations.
What’s changing?
- Letting agents now face fines
Previously, landlords were solely responsible for legal breaches. Under the new Bill, letting agents can now also be fined if rental homes they manage don’t meet legal standards. That includes failures like:
- Missing prescribed documents
- Unlicensed or unsafe properties
- Breaches of safety and repair obligations
This means letting agents must be proactive, and not just reactive, to avoid penalties.
- Some landlords may struggle to comply
Not all landlords have the resources or knowledge to meet new requirements - particularly landlords with smaller portfolios. This increases the risk of non-compliance, which can result in substantial fines. Letting agents and legal advisors will play a key role in supporting landlords through the transition.
- New National Landlord database
A new mandatory landlord register is being introduced. Letting agents will be expected to verify that landlords they act for are correctly registered. Failure to register could lead to civil penalties and banning orders.
Should landlords serve a section 21 notice before the law changes?
A Section 21 Notice is a legal tool used by landlords in England and Wales to regain possession of a rental property without needing to give a reason. It falls under the Housing Act 1988 and is commonly referred to as a ‘no-fault eviction.’
Key points of the Notice:
- It allows landlords to evict tenants at the end of a fixed-term tenancy or during a periodic tenancy (a rolling contract) without proving any fault on the tenant’s part.
- Landlords must give at least two months’ written notice.
- The tenancy must be an Assured Shorthold Tenancy (AST).
- Landlords must have complied with specific legal requirements, such as protecting the tenant’s deposit in a government-approved scheme and providing documents like the gas safety certificate and Energy Performance Certificate (EPC).
- A Section 21 Notice cannot be served within the first four months of a tenancy or if the landlord has failed to meet the required legal obligations.
Upcoming changes:
Under the proposed Renters Reform Bill, Section 21 Notices are set to be abolished. This will mean landlords can no longer evict tenants without giving a valid reason. In future, landlords will need to rely on ‘fault-based’ grounds, such as rent arrears or anti-social behaviour, or legitimate grounds such as needing to sell the property or move back in.
With Section 21 evictions being phased out, some legal professionals are suggesting that landlords consider serving notice now, especially where there are ongoing disputes or rental arrears.
Each case is different, and legal advice is extremely important – but in some circumstances, acting before the reforms take effect could be the best option. Once Section 21 is abolished, all evictions will need to follow more complex ‘fault-based’ or ‘ground-based’ processes.
New landlord obligations – including for existing tenancies
A major concern is the potential for retrospective application of some obligations. It is expected that updated requirements around property condition, tenant documentation, and safety standards may apply not just to new tenancies but to existing ones too.
Landlords and letting agents should begin reviewing their portfolios now to ensure full compliance when the Act comes into force.
How solicitors can help
Navigating these reforms requires expert legal guidance. At Coles Miller, we support letting agents and landlords across the Country with:
- Serving Section 21 or Section 8 notices
- Reviewing tenancy agreements and documentation
- Advising on compliance with new landlord duties
- Representation in case of fines, disputes, or tribunal action
Our Property Litigation Team is here to ensure you’re fully informed and protected as the Renters Reform Bill becomes law.
Key takeaways for letting agents and landlords:
Letting agents are legally liable under the new rules - you can now be fined
Section 21 is going: You will need to consider acting now before it’s too late.
The new Landlord Register is coming; be sure your landlords are compliant.
It’s not a good idea to delay; obligations may apply to existing tenancies.
Get Expert Legal Advice
If you are a Landlord or Landlord Agent, and seek professional advice on your properties, please contact Eric Holt at Coles Miller Solicitors LLP.
