How the Renters’ Rights Act changes homelessness law

The Renters' Rights Act 2025 makes changes to homelessness law, including a new definition of threatened with homelessness and changes to private rented sector offers.

Published May 2026.

The Renters’ Rights Act 2025 introduced major reforms to the private rented sector from 1 May 2026.

Alongside this, the Act changes homelessness law and the rules on how local authorities must deal with homeless applications. The changes are necessary as a result of the abolition of section 21 notices and assured shorthold tenancies in the private rented sector.

Some of the key changes include a new definition of threatened with homelessness, changes to private rented sector offers and the end of the reapplication duty.

New definition of threatened with homelessness

In order to receive assistance, a homeless applicant must meet certain immigration conditions and be either homeless or threatened with homelessness.

From 1 May 2026, a private assured tenant is threatened with homelessness if they either:

• are likely to lose their home in 56 days or less

• have received a valid section 8 notice which expires within 56 days

It is irrelevant whether a section 8 notice is given on a mandatory or discretionary ground.

Where a duty to prevent homelessness arises because of a valid section 8 notice, it cannot be ended on the grounds that 56 days have passed if the person remains threatened with homelessness.

As the Renters' Rights Act changes do not apply in the social rented sector yet, a social housing tenant is threatened with homelessness if they:

• are likely to lose their home in 56 days or less, or

• have received a valid section 21 notice which is due to expire within 56 days

The Homeless Code of Guidance says that in order to establish whether a tenant is threatened with homelessness, local authorities have to identify:

• the type of notice served

• whether the tenancy is in the private rented sector or in social housing

Private rented sector: section 8 notices from 1 May 2026

For a private tenant to be considered threatened with homelessness, the section 8 notice they have received must be valid.

From 1 May 2026, a section 8 notice served by a private landlord must:

• be on the new prescribed form

• reference the new or amended grounds for possession

• meet the new minimum notice requirements, depending on the ground

The landlord does not need to have complied with the requirements to serve a gas safety certificate, the ‘How to rent’ guide and EPC in order to serve a valid section 8 notice.

The Homelessness Code of Guidance says that local authorities should familiarise themselves with the changes to grounds of possession that apply to section 8 notices in the private rented sector from 1 May 2026.

Where the only issue is the landlord's tenancy deposit protection non-compliance, local authorities might have to treat the notice as valid and accept that the tenant is threatened with homelessness. This is because the Renters’ Rights Act has changed the wording of section 215 of the Housing Act 2004. Private landlords have until the court hearing to either protect the deposit or return it to the tenant to comply with the tenancy deposit protection requirements.

Find out more about section 8 notices and tenancy deposit protectionon Shelter Legal.

Private rented sector: notices from before 1 May 2026

Private tenants will continue to present to local authorities with valid section 21 and section 8 notices served before 1 May 2026 for some time yet.

As long as a private landlord applies for a possession order by 31 July 2026 the latest, notices served before 1 May 2026 will remain valid until proceedings are concluded.

The Homelessness Code of Guidance says that a private tenant who received a section 21 notice before 1 May 2026 is threatened with homelessness if the notice expires within 56 days.

Where a private tenant received a section 8 notice before 1 May 2026, this might not automatically mean they are threatened with homelessness but a local authority should ensure they have access to accurate advice.

Find out more about section 21 notices on Shelter Legal.

Private rented sector: section 21 notices served after 1 May 2026

In limited circumstances, a section 21 notice might be validly served by a private landlord after 1 May 2026.

This could happen where a valid section 21 or section 8 notice served before 1 May has prevented the Renters’ Rights Act changes from applying, meaning the tenancy has remained assured shorthold, allowing the landlord to serve a section 21 notice after this date.

The Homelessness Code of Guidance says that a private tenant who received a valid section 21 notice after 1 May 2026 that expires within 56 days is threatened with homelessness.

Find out more about the definition of homelessness and threatened homelessness on Shelter Legal.

Offers and suitability of accommodation

A local authority can end its homelessness duties by making a private rented sector offer. Before 1 May 2026, this meant the offer had to be an assured shorthold tenancy.

As the Renters’ Rights Act has abolished assured shorthold tenancies (ASTs) in the private rented sector, this changes the offers a local authority can make under a homeless application.

From 1 May 2026, to end the main housing duty with a private rented sector offer, local authorities have to offer an assured periodic tenancy.

The abolition of ASTs does not apply to housing associations, so local authorities are still able to end the main housing duty by offering an assured shorthold tenancy with a housing association.

The Homelessness Code of Guidance confirms the enhanced suitability considerations continue to apply to private rented sector offers.

Find out more about offers of accommodation in homelessness applications on Shelter Legal.

Removal of reapplication duties

Before 1 May 2026, local authorities had specific duties where someone reapplied as homeless within two years of an offer of private rented accommodation under the main housing duty.

The local authority had to:

• treat the homeless applicant as homeless from when the section 21 notice expired, and

• provide temporary accommodation even if they did not have a priority need

From 1 May 2026, this duty applies only if a homeless applicant accepted a private rented sector offer before 1 May 2026.

Find out more about multiple, repeat and withdrawn homeless applications on Shelter Legal.

Changes to the rules on refusal to cooperate

Before 1 May 2026, if a local authority considered that a homeless applicant had 'deliberately and unreasonably' refused to cooperate during the prevention or relief stages, it could offer an assured shorthold tenancy of six rather than twelve months to applicants who would have otherwise qualified for the main housing duty.

From 1 May 2026, the applicant's refusal to cooperate no longer affects their entitlement to the main housing duty, even though local authorities are still able to end the prevention or relief duty early in these circumstances.

Find out more about deliberate and unreasonable refusals to cooperate on Shelter Legal.

New temporary accommodation possession ground for private landlords

From 1 May 2026, assured shorthold tenancies with private landlords become assured tenancies.

This might include where a privately rented property is provided as temporary accommodation under the main housing duty.

A new ground 5G for assured tenancies enables private landlords to recover possession if:

• the property is being used to provide temporary accommodation to a homeless person, and

• the council has notified the landlord that the accommodation is no longer needed for this purpose

For example, where a homeless person in temporary accommodation has received a final offer of housing and the local authority has notified the current landlord that their property is no longer required as temporary accommodation.

Ground 5G is a mandatory ground. A minimum four weeks’ notice is required. The notice must end within 12 months from the local authority’s notification.

Find out more about assured tenancy mandatory grounds for possession on Shelter Legal.

Summary of changes