Writing in the Negotiator, Neli Borisova, a Senior Associate in the Commercial Litigation team at JMW Solicitors outlines her views of the problems letting agents might face with the Renters Rights Bill, saying:

With the much-discussed Renters’ Rights Bill continuing its passage through Parliament, attention has largely focused on high-profile changes like the end of no-fault evictions. But letting agents and landlords need to prepare for practical and procedural changes that are likely to make possession more complex, riskier, and more expensive.

The End of Accelerated Possession

One key casualty of the reforms is the accelerated possession process, currently available only under Section 21. According to official Ministry of Justice figures, 31% of all landlord possession claims in Q1 2025 used this route—a process that requires no hearing and can be completed on paper.

Once Section 21 is abolished, this route disappears entirely. That change will:

• Increase reliance on standard possession claims, which require a court hearing and a higher burden of evidence.

• Reduce affordability and accessibility for landlords previously able to manage claims without legal representation.

• Limit agents’ role in supporting landlords through the process without formal legal input.

More Complex Possession Grounds

To offset the loss of Section 21, the Bill introduces new and expanded possession grounds. But agents should not underestimate how much more challenging these will be in practice.

Key points:

• Grounds must be specified and justified with evidence.

• Discretionary grounds will need carefully prepared statements and supporting documentation.

• Judicial discretion introduces unpredictability—success is no longer automatic.

While some agents currently assist landlords in drafting and serving notices, the new system raises the bar considerably. A poorly drafted notice, or one that fails to meet evidentiary requirements, could derail a claim.

Legal Risk for Agents

A pivotal change is the criminalisation of serving an incorrect possession notice. This places a new legal risk directly onto agents involved in the process, particularly those handling notices on behalf of landlords.

Unless agents receive specific legal training, many may have to withdraw from providing notice services altogether. For those continuing, professional indemnity risk increases significantly, and landlords will bear higher costs as legal advice becomes the safer option.

What Agents Should Do Now

• Review internal processes for notice drafting and possession assistance.

• Consider training staff on the new possession grounds and evidential requirements.

• Talk to partner solicitors about future referral pathways and costs.

• Prepare landlords for longer timelines and higher legal bills.

This is a fundamental shift. The abolition of Section 21 isn’t just political—it’s procedural, legal, and operational. Landlords and agents who don’t adjust early will be exposed to greater risk, slower recoveries, and higher costs.

💬 “We expect the first six to twelve months to be particularly turbulent,” says one legal commentator. “Possession is no longer simple, and landlords who used to manage alone may find they can’t afford to get it wrong.”

Stay alert, stay trained, and be ready to recalibrate your client services as the Renters’ Rights Bill becomes law.