Social housing and the Renters' Rights Act Q&A

Yes, section 21 notices and assured shorthold tenancies will be abolished in the social housing sector, but not yet.

The government is taking a phased approach to implementing the changes. While the Renters' Rights Act applies to private tenants from 1 May 2026, social housing reforms are planned for October 2027.

Until October 2027, housing associations can still offer fixed term assured shorthold tenancies, including starter tenancies. Housing associations can end these tenancies using the section 21 possession procedure.

Protection for social tenants

The staggered implementation means most private tenants now have an assured tenancy, while some housing association tenants still have an assured shorthold tenancy. Legally speaking, this means that some housing association tenants now have less protection against eviction than private tenants.

However, social landlords must follow the pre-action protocol for possession claims. Under the protocol, they must focus on early intervention, and offer support and advice before starting possession proceedings. Social landlords should only use a section 21 notice as a last resort. In practice, this means housing association tenants should still be well protected, even though Renters' Rights Act changes won’t apply to them until October 2027.

Although assured shorthold tenancies still exist in social housing, most housing association tenants aren't affected by the delay in abolishing section 21. This is because most housing association tenants have assured tenancies, which can only be ended with a section 8 notice on grounds.

Find out more about implementing the Renters’ Rights Act: Social Housing on gov.uk.

Yes, the changes in the Renters' Rights Act already apply to some social housing tenants in limited circumstances. This is because reforms have been implemented for specific tenancy types, rather than specific types of landlord.

Social housing tenancies have been excluded from the Renters' Rights Act changes introduced from 1 May 2026. But not all tenancies with a social landlord are actually classed as social housing tenancies.

What are social housing tenancies?

Social housing assured tenancies are defined by s.145(8) Renters’ Rights Act 2025, as 'an assured tenancy of social housing (within the meaning of Part 2 of the Housing and Regeneration Act 2008) where the landlord is a private registered provider of social housing.'

Section 68-69 Housing and Regeneration Act 2008 Act define social housing as 'low cost rental accommodation'. Low cost rental accommodation means accommodation:

• made available for rent

• where the rent is below market rent

• available to people whose needs are not adequately served by the commercial housing market

Any assured housing association tenancies that are below market rent such as general social rent, affordable housing or intermediate housing are classed as social housing tenancies. These tenancies won't be affected by the Renters' Rights Act until October 2027.

When Renters' Rights Act changes apply to tenancies with social landlords

Not all assured tenancies granted by a housing association are considered social housing tenancies. For instance, a tenancy granted by a housing association at a market rent is not considered social housing.

These tenancies are usually granted by the housing association or through a letting agent, at normal market rent. All aspects of the tenancy are the same as renting from a private landlord except that the housing association is the landlord.

These tenancies are subject to key changes made by the Renters' Rights Act on 1 May 2026, including the new possession grounds introduced for private tenancies.

Find out more about implementing the Renters’ Rights Act: Social Housing on gov.uk.

An assured tenancy can only be ended with a legal reason, known as a ground, under a section 8 notice.

Which grounds apply to social housing tenancies

The rules on how a housing association can end a social housing tenancy didn't change on 1 May. The pre-Renters' Rights Act section 8 grounds still apply to social housing tenancies until the reforms are extended in October 2027.

Importantly, this means that where a housing association wants to evict a social housing tenant using a section 8 notice on grounds, such as ground 8, the pre 1 May version applies. The rules for ground 8 from before 1 May impose a lower threshold for rent arrears. This means a housing association landlord can still use ground 8 once the tenant has two months' arrears, as opposed to three months' arrears for private tenancies from 1 May.

Until the rules are fully extended to social housing, there are two sets of section 8 grounds depending on the tenancy type. Advisers need to double-check which set of rules apply.

Private tenancies

The Renters' Rights Act converted private assured shorthold tenancies into assured periodic tenancies from 1 May 2026, and changed possession grounds for private tenancies.

Grounds which have changed include ground 8, the mandatory ground for rent arrears. There are also new grounds added such as ground 1, where the landlord intends to sell the property and ground 4A for students.

Find out more about grounds for possession on Shelter Legal.

The Renters' Rights Act makes some changes to homelessness applications, including changing the potential offers which can be made to discharge local authority duties.

Offers of social housing

While the government plans to extend the abolition of assured shorthold tenancies to social landlords, this isn't due to take effect until October 2027. This means the Renters Rights Act has not yet changed how or when offers of social housing can be made under a homeless application.

Offers of social housing can include either assured or assured shorthold tenancies, including 'part 6' offers of social housing made to end homelessness duties. The specific tenancy type will normally be determined by the policies of the social landlord.

Private rented accommodation

Where a local authority wants to make an offer of private rented accommodation to discharge a homelessness duty, they can no longer offer an assured shorthold tenancy.

Previously local authorities could offer assured shorthold tenancies with terms of at least 12 months to end the main housing duty. As all new private tenancies must be assured tenancies, the authority must now offer an assured tenancy with a private landlord instead.

A local authority can also end the prevention or relief duties by making an offer of suitable accommodation, where there is a reasonable prospect it will be available for at least six months. This could include a private assured tenancy. Where the offer is for a fixed term tenancy, for example with a social landlord, the Homelessness Code of Guidance says that this should be at least 12 months wherever possible.

As private tenancies must now be assured periodic tenancies, and fixed term tenancies can still be offered with social landlords, this means a homeless applicant could be offered a weaker security of tenure with a social landlord than with a private landlord.

This will be the case until the reforms are extended to social housing in October 2027. But a homeless applicant who is offered a tenancy with a social landlord should still have a good prospect of securing long term accommodation.

Find out more about how the Renters' Rights Act changes homelessness law.