June 12, 2026

Section 21 Ban Renters Rights Act 2026: Kingston Landlords Compliance Guide

Last updated: June 12, 2026

Quick Answer: From 1 May 2026, the Renters' Rights Act 2025 permanently abolished Section 21 'no-fault' evictions across England. Kingston-upon-Thames landlords can no longer end a tenancy without a legally recognised reason. All assured shorthold tenancies (ASTs) have automatically converted to rolling periodic tenancies, and every future eviction must proceed through Section 8 with valid, evidenced grounds. Landlords who missed the 31 May 2026 deadline to issue the government Information Sheet to existing tenants face fines of up to £7,000.

Key Takeaways

Section 21 'no-fault' evictions are permanently abolished as of 1 May 2026 under the Renters' Rights Act 2025.
All existing ASTs automatically converted to assured periodic (rolling) tenancies on 1 May 2026; no new fixed-term tenancies are permitted.
Landlords must use Section 8 grounds for all future possession claims, supported by documented evidence.
Rent increases are limited to once per year via the Section 13 process; tenants can challenge increases at the First-tier Tribunal.
Landlords cannot demand more than one month's rent in advance, and rental bidding wars are now illegal.
The government Information Sheet had to be issued to existing tenants by 31 May 2026; failure carries fines up to £7,000.
A professional building survey or inventory report is now a critical tool for Kingston landlords pursuing evidence-based Section 8 possession claims.
The Private Rented Sector (PRS) database will launch in phased regional rollouts later in 2026; Kingston landlords should prepare for registration requirements.
Local authorities in Kingston have enhanced enforcement powers, including higher financial penalties for non-compliance.
Discrimination against benefit claimants or tenants with children when letting property is now explicitly illegal.

What Exactly Is the Section 21 Ban and How Does It Affect Kingston Landlords?
How the Renters' Rights Act 2026 Changes Eviction Processes in Kingston
New Legal Requirements for Landlords After the Section 21 Ban
Can Kingston Landlords Still Remove Problematic Tenants?
How Building Surveys and Inventory Reports Support Section 8 Claims
What Happens If You Don't Follow the New Rules?
Rent Increases, Bidding Bans, and Advance Rent Restrictions
Tenant Protections Beyond the Section 21 Ban
Who Enforces These Regulations in Kingston, and What About Small Landlords?
The PRS Database and What's Coming Next for Kingston Landlords
Common Mistakes Kingston Landlords Are Making Right Now
Frequently Asked Questions

What Exactly Is the Section 21 Ban and How Does It Affect Kingston Landlords?

Section 21 of the Housing Act 1988 previously allowed landlords to evict tenants without giving any reason, provided the correct notice period was served. That power no longer exists. From 1 May 2026, the Renters' Rights Act 2025 abolished Section 21 entirely across England, including Kingston-upon-Thames [1].

For Kingston landlords, this is the most significant shift in private rented sector law in a generation. The local rental market, which includes high-demand areas close to Kingston town centre, Surbiton, and New Malden, has historically seen landlords use Section 21 to regain possession quickly when they wanted to sell, refurbish, or simply re-let at a higher rent. None of those routes are now available without a formal legal ground.

What changed on 1 May 2026:

All existing assured shorthold tenancies converted automatically to assured periodic tenancies [1].
New tenancies created after 1 May 2026 must be periodic from the outset; fixed-term ASTs are no longer permitted [1].
Tenants gained the right to end their tenancy at any time by giving two months' written notice [1].
Landlords must now rely exclusively on Section 8 grounds to seek possession.

For landlords managing properties through chartered surveyors in Kingston or independently, the practical implication is clear: every possession claim now requires documented justification.

How the Renters' Rights Act 2026 Changes Eviction Processes in Kingston

Under the old system, a Section 21 notice could be served with two months' notice and no reason given. Section 8 requires a landlord to cite specific statutory grounds, serve the correct notice, and often proceed to a court hearing if the tenant contests the claim.

Key Section 8 grounds relevant to Kingston landlords:

Ground	Reason	Mandatory or Discretionary
Ground 8	Rent arrears of two months or more	Mandatory
Ground 10	Some rent arrears at time of notice	Discretionary
Ground 11	Persistent late payment	Discretionary
Ground 12	Breach of tenancy conditions	Discretionary
Ground 14	Nuisance or anti-social behaviour	Discretionary
Ground 1A (new)	Landlord intends to sell	Mandatory (with restrictions)
Ground 1B (new)	Landlord or close family to move in	Mandatory (with restrictions)

The two new grounds introduced by the Act, Ground 1A (intention to sell) and Ground 1B (landlord or family member moving in), come with important constraints [2]. Landlords cannot use Ground 1A within the first 12 months of a tenancy, and if the property is not sold within a defined period after the tenant leaves, re-letting may be restricted.

Notice periods and court timelines mean that Kingston landlords should expect possession proceedings to take considerably longer than a Section 21 route previously required. Legal advice from specialists such as Banner Jones Solicitors is strongly recommended before serving any Section 8 notice.

New Legal Requirements for Landlords After the Section 21 Ban

Section 21 ban Renters Rights Act 2026 Kingston landlords compliance involves more than simply switching from one notice type to another. The Act introduced a package of obligations that all Kingston landlords must meet.

Mandatory compliance checklist:

Issue the government-produced Information Sheet to all existing tenants (deadline: 31 May 2026) [1].
Ensure all tenancy agreements reflect the new periodic structure.
Follow the Section 13 process for any rent increase (once per year maximum) [1].
Limit advance rent requests to no more than one month [1].
Respond in writing to any pet-keeping request within the timeframe specified in the Act [1].
Avoid advertising or accepting rent above the listed asking price [1].
Register with the new Private Rented Sector (PRS) database when the Kingston region goes live (phased rollout later in 2026).

The NRLA (National Residential Landlords Association) has published detailed guidance on each of these obligations and offers template documents for landlords managing the transition.

Can Kingston Landlords Still Remove Problematic Tenants?

Yes, Kingston landlords retain the right to regain possession of their properties, but only through the Section 8 route with valid, evidenced grounds [1]. The process is more demanding than a Section 21 notice, but it is workable when landlords maintain proper records.

Grounds most commonly used in practice:

Rent arrears (Ground 8): If a tenant owes two months' rent or more at the time of the court hearing, possession is mandatory. Keeping accurate rent ledgers is essential.
Anti-social behaviour (Ground 14): Requires documented complaints, police reports, or witness statements.
Property damage (Ground 12): Requires evidence of the property's original condition compared to its current state.

This is precisely where a professional building survey or schedule of dilapidations becomes a practical legal asset, not just a maintenance tool.

How Building Surveys and Inventory Reports Support Section 8 Claims

A Section 8 possession claim based on property damage or breach of tenancy conditions depends entirely on the quality of evidence a landlord can produce. Courts expect a clear, objective record of the property's condition at the start of the tenancy and at the point of the alleged breach.

A professional building survey from a chartered surveyor provides exactly that baseline. For Kingston landlords, commissioning a pre-tenancy condition report or a party wall schedule of condition creates a timestamped, RICS-standard record that is far more persuasive in court than a landlord's own photographs or verbal account.

What a professional survey or inventory report should include:

Dated photographic evidence of every room, fixture, and fitting.
Written descriptions of condition using objective, professional language.
Notes on any pre-existing damage, wear, or defects.
Meter readings and key handover records.
Signatures from both landlord and tenant where possible.

Shelter and the NRLA both advise landlords to treat a thorough inventory as a non-negotiable starting point for any tenancy, particularly now that Section 8 is the only route to possession. For Kingston properties with period features, older heating systems, or shared structures, a more detailed structural survey may also be appropriate to document pre-existing conditions clearly.

Landlords in neighbouring areas such as Richmond and Surbiton face identical obligations and can benefit from the same approach.

What Happens If You Don't Follow the New Rules?

Non-compliance with the Renters' Rights Act 2025 carries financial and legal consequences that Kingston landlords should treat seriously.

Key penalties:

Failure to issue the Information Sheet to existing tenants by 31 May 2026: fines of up to £7,000 [1].
Accepting more than one month's rent in advance: a civil penalty enforceable by the local authority.
Requesting or accepting rent above the advertised price: a financial penalty and potential reputational damage via the PRS database.
Discriminating against benefit claimants or tenants with children: unlawful under the Act, enforceable by local authorities [1].
Serving an invalid Section 8 notice or attempting to use a Section 21 notice after 1 May 2026: the notice is void and the landlord may face a retaliatory eviction complaint.

Local authorities have been granted enhanced investigation and enforcement powers under the Act [1]. Kingston Council can now issue higher fines and conduct proactive inspections, not just respond to tenant complaints.

Rent Increases, Bidding Bans, and Advance Rent Restrictions

Rent can only increase once every 12 months under the Section 13 process. The landlord must serve a formal Section 13 notice, and tenants have the right to challenge the proposed increase at the First-tier Tribunal if they consider it above the market rate [1].

Three rules Kingston landlords must follow on rent:

No more than one rent increase per 12-month period, using the correct Section 13 notice.
No more than one month's rent payable in advance at the start of a tenancy.
No advertising or accepting offers above the listed asking rent; rental bidding wars are explicitly prohibited [1].

For landlords who have historically used competitive bidding to maximise yield in Kingston's high-demand market, this is a material change to letting strategy. Asking for a commercial rent review or an independent RICS valuation before setting an asking rent can help landlords price accurately from the outset, reducing the need for early increases.

Tenant Protections Beyond the Section 21 Ban

The Act introduced several additional tenant protections that Kingston landlords must understand.

Pet requests: Landlords must consider pet-keeping requests fairly and respond in writing within the specified period. Blanket 'no pets' policies are no longer acceptable [1].
Anti-discrimination: Refusing a tenancy application because the applicant receives housing benefit or has children is now explicitly illegal [1].
Retaliatory eviction protection: Tenants who complain about disrepair or enforcement issues are protected from eviction as a direct consequence.
Tribunal rent challenges: Tenants can refer any Section 13 rent increase to the First-tier Tribunal, which will assess whether the proposed rent reflects the open market rate [1].

Shelter has long campaigned for these protections, and their guidance notes that the combination of Section 21 abolition and anti-discrimination provisions represents the most substantial strengthening of tenant rights since the Housing Act 1988.

Who Enforces These Regulations in Kingston, and What About Small Landlords?

Kingston Council's housing enforcement team, backed by the enhanced powers granted under the Renters' Rights Act, is responsible for investigating complaints and issuing penalties. There is no exemption for small landlords.

A landlord with one or two properties in Kingston faces the same legal obligations as a large portfolio operator. The Act does not create a tiered compliance system based on portfolio size. However, the NRLA has noted that smaller landlords are statistically more likely to be unaware of specific procedural requirements, such as the correct Section 13 notice format or the Information Sheet obligation, making professional advice and NRLA membership particularly valuable for individual landlords.

The PRS Database and What's Coming Next for Kingston Landlords

A new Private Rented Sector (PRS) database is being introduced in 2026 as part of the Act's implementation, with a phased regional rollout. Kingston-upon-Thames landlords should monitor GOV.UK for confirmation of when their region goes live [3].

Once active, the database will require landlords to register their properties and maintain up-to-date compliance records. Non-registration is expected to carry its own financial penalties. The database will also be accessible to tenants, allowing them to check a landlord's compliance status before signing a tenancy.

The phased approach means some regions will go live before others. Kingston landlords should not assume they have significant time to prepare; registering early and ensuring all compliance documentation is in order will reduce risk when the local launch date is confirmed [3].

Common Mistakes Kingston Landlords Are Making Right Now

Based on guidance from the NRLA and Banner Jones Solicitors, these are the errors most frequently seen in the weeks following the 1 May 2026 transition:

Missing the Information Sheet deadline. Many landlords were unaware of the 31 May 2026 requirement. If this deadline was missed, seek legal advice immediately on mitigation.
Continuing to use AST fixed-term agreements. Template tenancy documents that have not been updated will create invalid contracts.
Serving Section 21 notices after 1 May 2026. These are void and may trigger enforcement action.
Failing to document property condition before new tenancies. Without a professional inventory or survey, Section 8 claims for property damage are very difficult to sustain.
Increasing rent without a Section 13 notice. An informal rent increase letter is not legally sufficient.
Accepting holding deposits or advance rent above the permitted level. This creates an immediate penalty risk.

For landlords unsure whether their current practices are compliant, a review by a local chartered surveyor and a specialist property solicitor is the most efficient starting point.

Frequently Asked Questions

Q: Can a Kingston landlord still end a tenancy if they want to sell the property?
Yes, but only using the new Ground 1A under Section 8. This ground cannot be used within the first 12 months of a tenancy, and the landlord must genuinely intend to sell. The notice period is four months [2].

Q: What if a tenant refuses to leave after a valid Section 8 notice?
The landlord must apply to the court for a possession order. The court will assess whether the grounds are made out. For mandatory grounds such as Ground 8 (rent arrears), the court must grant possession if the criteria are met. For discretionary grounds, the court has latitude.

Q: Is the Section 21 ban permanent, or could a future government reverse it?
The abolition is enacted in primary legislation. Reversing it would require a new Act of Parliament. As of June 2026, there is no indication from any major party that reversal is planned.

Q: Do the new rules apply to Houses in Multiple Occupation (HMOs) in Kingston?
Yes. HMOs let on assured tenancies are subject to the same rules. Licenced HMOs also carry their own separate compliance requirements under Kingston's HMO licensing scheme.

Q: How much notice must a tenant give to end a periodic tenancy?
Two months' written notice, served at any time. There is no minimum period the tenant must have lived in the property before they can give notice [1].

Q: What is the Section 13 process for rent increases?
The landlord serves a prescribed Section 13 notice proposing a new rent, with at least two months' notice. The tenant can accept or refer the proposed increase to the First-tier Tribunal. The tribunal will set the rent at the open market rate [1].

Q: Will the PRS database apply to all Kingston landlords?
Yes, all private landlords are expected to register once the database launches in their region. The phased rollout means the exact date for Kingston is not yet confirmed; landlords should monitor GOV.UK for updates [3].

Conclusion

The Section 21 ban Renters Rights Act 2026 Kingston landlords compliance landscape is now fundamentally different from anything that has existed in the English private rented sector before. For Kingston landlords, the transition from a no-fault eviction system to a fully evidenced Section 8 framework is not optional, and the penalties for getting it wrong are significant.

Actionable next steps for Kingston landlords:

Confirm the government Information Sheet was issued to all existing tenants before 31 May 2026. If it was not, seek legal advice immediately.
Update all tenancy agreement templates to reflect the periodic tenancy structure.
Commission a professional building survey or detailed inventory report before the start of every new tenancy to create an evidence baseline for any future Section 8 claim.
Review your rent-setting process: ensure any future increase uses a valid Section 13 notice and is not more than once per 12 months.
Monitor GOV.UK for the PRS database launch date for the Kingston region and prepare to register.
Consult the NRLA for updated guidance documents and Banner Jones Solicitors or another specialist property solicitor for case-specific legal advice.

The landlords who will manage this transition most effectively are those who treat professional documentation, from building surveys to dilapidation reports, as a core part of their letting process rather than an optional extra.