How the Renters' Rights Act Changes Landlord Record-Keeping

The shift from Section 21 to Section 8

Before 1 May 2026, most private landlords in England could recover possession of a property by serving a Section 21 notice under the Housing Act 1988. No reason was required. No evidence had to be presented. The notice itself was the mechanism.

That route no longer exists. The Renters' Rights Act 2025 abolished Section 21 from 1 May 2026. Every possession claim now runs through Section 8 of the Housing Act 1988, which requires the landlord to establish one or more statutory grounds and, in most cases, to support those grounds with evidence before a court.

The practical consequence is significant. A landlord relying on Ground 1 (moving into the property) or Ground 1A (sale) will generally need to demonstrate genuine intent. A landlord relying on Ground 8 (serious rent arrears) will need a clear rent schedule showing the arrears at both the date of notice and the date of hearing. For discretionary grounds, the court will also consider whether it is reasonable to grant possession, and documented evidence of the landlord's conduct and compliance record may be relevant to that assessment.

In short: the Act does not create a standalone obligation to "keep records." What it does is create a framework in which a landlord's ability to evidence compliance, service of notices, and the condition of the tenancy directly affects their ability to manage and, if necessary, end that tenancy lawfully.

New documentation obligations from 1 May 2026

The Renters' Rights Act introduces specific obligations around written information that did not previously exist in this form.

Written Statement of Terms (new tenancies). Section 12 of the Renters' Rights Act 2025 inserts a new section 16D into the Housing Act 1988. For any assured tenancy granted on or after 1 May 2026, the landlord must provide the tenant with prescribed written information before the tenancy is entered into. This may be included in a tenancy agreement or provided as a separate document. The prescribed information covers the landlord's name and address, rent and payment terms, deposit details, notice periods, repair obligations under section 11 of the Landlord and Tenant Act 1985, gas and electrical safety duties, the tenant's right to request a pet, and other matters set out in the regulations published on 20 March 2026. (GOV.UK: Written information that must be given to tenants)

Information Sheet (existing tenancies). For tenancies that existed before 1 May 2026 with a wholly or partly written record of terms, the landlord must provide every named tenant with a copy of the government's Renters' Rights Act Information Sheet 2026 by 31 May 2026. The sheet must be the exact PDF downloaded from GOV.UK. Sending a link to the document is not valid service. Where a tenancy was based entirely on a verbal agreement, the landlord must instead provide a written statement of terms by the same deadline. (GOV.UK: The Renters' Rights Act Information Sheet 2026)

Penalties for non-compliance. Failure to provide the Written Statement or the Information Sheet is a breach that may result in a civil penalty of up to £7,000 imposed by the local housing authority. If the breach continues for more than 28 days after a penalty has been imposed, further penalties of up to £7,000 may follow. For certain continuing or repeated conduct, the penalty ceiling rises to up to £40,000. (GOV.UK: Civil penalties under the Renters' Rights Act 2025)

The critical point is that compliance with these obligations is only demonstrable if the landlord retains evidence of what was provided, to whom, and when. A certificate of posting, an email with the PDF attached and a delivery confirmation, or a signed acknowledgment of hand delivery all serve this purpose. Without a record of service, the landlord's position in any dispute or enforcement action is significantly weaker.

What a compliance record now looks like

The Renters' Rights Act does not prescribe a single format for landlord records. There is no statutory template or mandatory filing system. What the Act does, across multiple provisions, is create situations in which a landlord who can produce clear, dated, and organised documentation is in a materially better position than one who cannot.

In practical terms, a well maintained compliance record for each tenancy would typically include the tenancy agreement or written statement of terms, proof of service of the Information Sheet (for existing tenancies), the current Gas Safety Certificate with evidence of service on the tenant, the most recent Electrical Installation Condition Report, a valid Energy Performance Certificate, evidence of smoke and carbon monoxide alarm testing at the start of the tenancy, deposit protection confirmation and evidence that prescribed information was provided within the statutory deadline, Right to Rent check records, records of any Section 13 rent increase notices served (using Form 4A), and correspondence relating to maintenance requests, property inspections, and any notices served under Section 8.

None of this is new in principle. Landlords have always needed Gas Safety Certificates and deposit protection. What has changed is the enforcement context. Local housing authorities now have expanded powers to investigate breaches and impose civil penalties. The evidential standard for most breaches is "beyond reasonable doubt," which means authorities will expect documentary proof, not verbal assurances. As one local authority's published penalty policy puts it: the council expects landlords to provide all documents and records that would ordinarily exist if their account were accurate.

What is coming next: the PRS Database and Ombudsman

The obligations described above are all in force now as part of Phase 1 of the Renters' Rights Act. Phase 2, which the government expects to begin rolling out from late 2026, will introduce two further elements that make organised record-keeping even more important.

The Private Rented Sector Database. Under sections 73 to 94 of the Renters' Rights Act 2025, every private landlord in England will be required to register themselves and each of their rental properties on a new national PRS Database. Registration will require landlords to submit key information including contact details, property details, and compliance data such as safety certificates and EPC ratings. An unregistered landlord will not be able to serve a valid Section 8 notice, instruct a letting agent, or renew an HMO licence. Penalties for non-registration may reach up to £30,000, with letting without registration treated as a criminal offence. (GOV.UK: Implementing the Renters' Rights Act 2025)

The PRS Landlord Ombudsman. Membership of a mandatory Ombudsman scheme will follow the database launch. The Ombudsman will handle tenant complaints and will expect landlords to produce documented evidence of their actions and decisions. The government has indicated that the Ombudsman is unlikely to become mandatory before 2028.

Both of these elements are expected but are not yet in force. The exact timelines and registration requirements will be confirmed through secondary legislation. However, the direction is clear: the government is building a system in which compliance is not assumed but verified, and verification depends on records.

Building the habit now

The single thread running through the Renters' Rights Act is a shift from the landlord's word to the landlord's record. Section 8 possession proceedings require evidence. The Written Statement and Information Sheet obligations require proof of service. Local authority enforcement requires documentation. The PRS Database, when it arrives, will require organised compliance data for every property.

Landlords who build a consistent record-keeping practice now will find Phase 2 registration straightforward rather than a scramble. They will be able to respond to local authority enquiries with confidence. And if a possession claim ever becomes necessary, they will have the evidence to support it.

The alternative is reacting to each new deadline as it arrives, assembling documents under pressure, and discovering gaps only when they matter most.