Having previously published its roadmap for implementation of the Renters Rights Act 2026 (the Act), the Government has now confirmed the staged approach that will apply to Private Registered Providers of Social Housing. In this article, Capsticks Legal Director Sarah Christy considers the Government’s recently published guidance and what it means in practice for these organisations.

Timetable for implementation

For social housing assured tenancies where the landlord is a Private Registered Provider of Social Housing, many of the key tenancy reforms under the Act will not come into force on 1 May 2026. Instead, they will take effect from October 2027, reflecting the second phase of the Government’s implementation timetable.

“Social housing assured tenancies” are tenancies in which the rent is below market levels and which have been allocated in accordance with regulatory rules designed to ensure housing is available to people whose needs are not adequately met by the commercial housing market.

In contrast, landlords and charities offering low cost accommodation but which are not Registered Providers of Social Housing will be subject to the changes introduced by the Act from 1 May 2026.

What does this mean for Registered Providers?

From October 2027, and subject to transitional provisions, Private Registered Providers of Social Housing will need to comply with the full suite of tenancy reforms introduced by the Act, including:

• Existing assured shorthold tenancies converting to assured periodic tenancies, including starter and demoted tenancies;
• A prohibition on granting new assured shorthold tenancies, including starter tenancies;
• Application of the updated Grounds for Possession;
• A requirement to provide prescribed information to tenants at the outset of tenancies (details to be set out in future Regulations); and
• Application of the new section 13A rent increase regime, as appropriate.

What should Private Registered Providers do until October 2027?

Until October 2027, Private Registered Providers of Social Housing should continue to operate under the existing legal framework. In particular:

• they may grant new assured shorthold tenancies, including starter tenancies;
• they may serve section 21 notices and seek possession pursuant to those notices, where lawful, appropriate and proportionate;
• they should use the Notice of Seeking Possession (NoSP) form in use before 1 May 2026, rather than the new published notices;
• they should apply the notice periods for NoSPs in use before 1 May 2026, rather than the new notice periods set out in the Act; and
• they should use the Grounds for Possession in existence before 1 May 2026, rather than the amended grounds introduced by the Act.

Will all tenancies of Registered Providers of Social Housing be subject to the later implementation date?

Not necessarily. Where a Registered Provider of Social Housing grants tenancies at market rent, those tenancies will be treated in line with the private rented sector reforms and will therefore be subject to the changes set out in the Act from 1 May 2026. This means that those tenancies will convert to periodic assured tenancies and includes the obligation to provide prescribed information, use the new Grounds for Possession and serve the new prescribed notices.

However, it is anticipated that most tenancies granted by registered providers will not be fully affected by the tenancy reforms until October 2027, in line with the Government’s phased approach. These tenancies include:

• social rent tenancies;
• affordable rent tenancies;
• intermediate market rent tenancies; and
• other forms of low cost rented accommodation to which the Rent Standard does not apply.

Shared ownership

The Act also confirms that shared ownership leases fall outside the assured tenancy regime, which means that possession can no longer be obtained after serving a NoSP.

How Capsticks can help

Our expert team of Housing Management lawyers can support you by reviewing tenancy agreements and policies, advising on whether particular tenancies fall within the definition of social housing assured tenancies, and delivering tailored training for housing management and governance teams.

If you have any queries around the issues in this article and the impact on your organisation, please contact Legal Director Sarah Christy to find out more about how Capsticks can help.