Understanding the Impact of the Renters Rights Act 2025 on Part 7 Housing Act 1996
- Housing Reviews
- 2 hours ago
- 13 min read
We have heard a lot about how the Renters Rights Act will impact on landlords and tenants. The Renters Rights Act will also have an impact on Part 7 Housing Act 1996 and those of us who work in this field need to know the changes that will be coming into force on 1 May 2026.
Impact on who is Threatened with Homelessness
Definition of threatened with homelessness.
Current Situation:
An applicant is considered threatened with homelessness if they:
Will be homeless within 56 days, or
Have received a valid section 21 notice (eviction notice) that will expire within 56 days.
What's Changing:
From May 1, 2026, private landlords will not be able to issue section 21 notices.
As a result, references will shift to section 8 notices (used for eviction from an assured tenancy).
So, an applicant will be considered at risk of homelessness if they have a valid section 8 notice with a date within 56 days.
Uncertainty around social landlords:
Social landlords, i.e. housing associations, can still issue section 21 notices until 2027.
It's unclear if someone with a section 21 notice will still be considered threatened with homelessness after section 21 is removed from the Housing Act 1996.
Current legislation
175 Homelessness and threatened homelessness.
(5) A person is also threatened with homelessness if—
(a) a valid notice has been given to the person under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) in respect of the only accommodation the person has that is available for the person’s occupation, and
(b) that notice will expire within 56 days.
Renters Rights Act Amendment
(5) A person is also threatened with homelessness if—
(a) a valid notice has been given to the person under section 8 of the Housing Act 1988 (notice of proceedings for possession) (orders for possession on expiry or termination of assured shorthold tenancy) in respect of the only accommodation the person has that is available for the person's occupation, and
(b) the date specified in that notice is within 56 days.
Impact on Prevention Duty
Ending the prevention duty on the basis of 56 days.
Current Situation:
A local authority cannot end the prevention duty after 56 days if the applicant still has a valid section 21 notice that has expired or will expire.
What's Changing:
Because references to section 21 notices will be removed from the law, this rule will now apply to section 8 notices instead.
In other words, a local authority will not be allowed to end the prevention duty simply because 56 days have passed if the applicant still has a valid section 8 notice that has expired or is due to expire.
Current legislation
195 Duties in cases of threatened homelessness
(6) But the authority may not give notice to the applicant under subsection (5) on the basis that the circumstances in subsection (8)(b) apply if a valid notice has been given to the applicant under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) that—
(a) will expire within 56 days or has expired, and
(b) is in respect of the only accommodation that is available for the applicant's occupation.
Renters Rights Act Amendment
(6) But the authority may not give notice to the applicant under subsection (5) on the basis that the circumstances in subsection (8)(b) apply if a valid notice has been given to the applicant under section 8 of the Housing Act 1988 (notice of proceedings for possession) that—
(a) specifies a date that is within 56 days or has passed, and
(b) is in respect of the only accommodation that is available for the applicant's occupation.
Current legislation
(4) Subsection (2) does not affect any right of the authority, whether by virtue of contract, enactment or rule of law, to secure vacant possession of any accommodation.
Renters Rights Act Amendment
The above is removed.
Impact on Relief Duty
Definition of a final accommodation offer which is the PRS offer at the relief duty stage.
Current Situation:
A final accommodation offer is a private rented offer which a minimum 6 months assured shorthold tenancy.
What's Changing:
Given that the Government is abolishing assured shorthold tenancies a final accommodation offer will be an assured tenancy just like housing associations tend to offer.
Current legislation
193A Consequences of refusal of final accommodation offer or final Part 6 offer at the initial relief stage
(4) An offer is “a final accommodation offer” if—
(a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant’s occupation,
(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with a view to bringing the authority’s duty under subsection (4) to an end, and
(c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 6 months.
Renters Rights Act Amendment
(4) An offer is a “final accommodation offer” if—
(a) it is an offer of an assured tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation, and
(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority in the discharge of their duty under section 189B(2)
Impact on Main Duty
Removal of the S193C(4) duty and instead the main duty will apply.
Current Situation:
If the relief duty ends because the applicant failed to cooperate with the steps set out for them, and they have a priority need and are not intentionally homeless, the main housing duty does not apply. Instead, the council owes a section 193C(4) duty, which can be discharged by offering either:
a private rented sector tenancy with a minimum 6-month assured shorthold tenancy (AST), or
social housing.
This is different from the main duty, which requires a minimum 12-month AST if discharging into the private rented sector.
What's Changing:
Because assured shorthold tenancies are being abolished and only assured tenancies will be used in the private rented sector, the distinction between the 193C(4) duty and the main duty no longer makes sense.
As a result, the 193C(4) duty will no longer be needed, and the main duty will apply as normal.
Current legislation
193 Duty to persons with priority need who are not homeless intentionally.
(1) This section applies where—
(a) the local housing authority—
(i) are satisfied that an applicant is homeless and eligible for assistance, and
(ii) are not satisfied that the applicant became homeless intentionally, (b) the authority are also satisfied that the applicant has a priority need, and (c) the authority's duty to the applicant under section 189B(2) has come to an end.
(1A) But this section does not apply if—
(a) section 193A(3) disapplies this section, or
(b) the authority have given notice to the applicant under section 193B(2)
Renters Rights Act Amendment
(b) the authority have given notice to the applicant under section 193B(2) is removed.
Current legislation
193C Notice under section 193B: consequences
(3) Subsection (4) applies if the authority—
(a) are satisfied that the applicant is homeless, eligible for assistance and has a priority need, and
(b) are not satisfied that the applicant became homeless intentionally.
(4) Section 193 (the main housing duty) does not apply, but the authority must secure that accommodation is available for occupation by the applicant.
(5) The authority cease to be subject to the duty under subsection (4) if the applicant—
(a) ceases to be eligible for assistance,
(b) becomes homeless intentionally from accommodation made available for the applicant's occupation,
(c) accepts an offer of an assured tenancy from a private landlord, or
(d) otherwise voluntarily ceases to occupy, as the applicant's only or principal home, the accommodation made available for the applicant's occupation.
(6) The authority also cease to be subject to the duty under subsection (4) if the applicant, having been informed of the possible consequences of refusal or acceptance and of the applicant's right to request a review of the suitability of the accommodation, refuses or accepts—
(a) a final accommodation offer, or
(b) a final Part 6 offer.
(7) An offer is “a final accommodation offer” if—
(a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,
(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with a view to bringing the authority's duty under subsection (4) to an end, and
(c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 6 months.
(8) A “final Part 6 offer” is an offer of accommodation under Part 6 (allocation of housing) that is made in writing and states that it is a final offer for the purposes of this section.
(9) The authority may not approve a final accommodation offer, or make a final Part 6 offer, unless they are satisfied that the accommodation is suitable for the applicant and that subsection (10) does not apply.
(10) This subsection applies to an applicant if—
(a) the applicant is under contractual or other obligations in respect of the applicant's existing accommodation, and
(b) the applicant is not able to bring those obligations to an end before being required to take up the offer.]
Renters Rights Act Amendment
All the above is removed.
Ways of ending the main duty.
Current Situation:
Under the current law, a local authority can end the main housing duty if an applicant accepts an assured tenancy from a private landlord (Housing Act 1996, s193(6)(cc)).
What's Changing:
This provision will be removed.
Some Uncertainty:
What if the applicant finds their own assured tenancy? How does the main duty end then?
Scenario 1: Applicant is in temporary accommodation
If the applicant accepts a private tenancy and moves out of temporary accommodation, the main duty ends because they have voluntarily ceased to occupy the temporary accommodation (s193(6)(d)).
So that situation is clear.
Scenario 2: Applicant is not in temporary accommodation
This is where the problem arises:
They find and accept their own assured tenancy (not arranged by the council).
They do not want to withdraw their homelessness application.
The old provision allowing the main duty to end (s193(6)(cc)) is being removed.
They are not ceasing to occupy temporary accommodation, because they were never placed in any.
None of the remaining “end of main duty” triggers obviously apply.
Under the amended legislation, it is unclear how the main duty legally comes to an end in this situation.
Current legislation
193 Duty to persons with priority need who are not homeless intentionally.
(6) The local housing authority shall cease to be subject to the duty under this section if the applicant—
(a) ceases to be eligible for assistance,
(b) becomes homeless intentionally from the accommodation made available for his occupation,
(c) accepts an offer of accommodation under Part VI (allocation of housing), or
(cc) accepts an offer of an assured tenancy (other than an assured shorthold tenancy) from a private landlord,
(d) otherwise voluntarily ceases to occupy as his only or principal home the accommodation made available for his occupation.
Renters Rights Act Amendment
(6) The local housing authority shall cease to be subject to the duty under this section if the applicant—
(a) ceases to be eligible for assistance,
(b) becomes homeless intentionally from the accommodation made available for his occupation,
(c) accepts an offer of accommodation under Part VI (allocation of housing),
(d) otherwise voluntarily ceases to occupy as his only or principal home the accommodation made available for his occupation.
Definition for Private Rented Sector Offers for Post Localism Act cases.
Current Situation:
A private rented sector (PRS) offer—used by a local authority to discharge the main housing duty—must be an assured shorthold tenancy (AST) with a minimum fixed term of 12 months.
For it to be a private rented sector (PRS) offer a local authority must also notify the applicant of the effects of the S195A Reapplication duty.
What's Changing:
Since ASTs are being abolished, this requirement will change. In future, a PRS offer that discharges the main duty will instead have to be an assured tenancy, rather than a 12-month AST.
The Reapplication duty is being removed so no need for the above notification.
Current legislation
193 Duty to persons with priority need who are not homeless intentionally.
(7AC) For the purposes of this section an offer is a private rented sector offer if—
(a) it is an offer of an assured shorthold tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,
(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority's duty under this section to an end, and
(c) the tenancy being offered is a fixed term tenancy (within the meaning of Part 1 of the Housing Act 1988) for a period of at least 12 months.
Renters Rights Act Amendment
(7AC) For the purposes of this section an offer is a private rented sector offer if–
(a) it is an offer of an assured tenancy made by a private landlord to the applicant in relation to any accommodation which is, or may become, available for the applicant's occupation,
(b) it is made, with the approval of the authority, in pursuance of arrangements made by the authority with the landlord with a view to bringing the authority's duty under this section to an end.
Qualifying Offers for Pre Localism Act Cases.
Current Situation:
For pre-Localism Act cases, the main housing duty can currently be ended if the applicant is made — and accepts — a qualifying offer.
A qualifying offer is a private rented sector tenancy with at least 6 months on an assured shorthold tenancy (AST).
What's Changing:
As ASTs are being abolished, this provision will be removed.
Observations:
This means that for pre-Localism cases, councils will no longer be able to discharge the main duty with a private rented sector offer. Instead, these applicants will only be able to receive an offer of social housing to bring the main duty to an end.
Current legislation
193 Duty to persons with priority need who are not homeless intentionally.
(7B) to (7E)) are repealed.
*The repeal did not apply to pre-localism cases.
Renters Rights Act Amendment
All the above removed.
Impact on Reapplication Duty
Reapplication duty has been removed.
Current Situation:
Under the Reapplication duty, if an applicant becomes homeless again within 2 years of accepting a private rented sector (PRS) offer that discharged the main duty:
The interim accommodation duty (s188) and the main housing duty (s193) are owed automatically, regardless of whether the applicant has a priority need.
What's Changing:
The Reapplication duty is being removed. If an applicant becomes homeless from their PRS tenancy within 2 years, the council will treat them like any other applicant. That means they will need to demonstrate priority need in the usual way to be owed the interim duty or the main duty.
Current legislation
195A Re-application after private rented sector offer
(1) If within two years beginning with the date on which an applicant accepts an offer under section 193(7AA) (private rented sector offer), the applicant re-applies for accommodation, or for assistance in obtaining accommodation, and the local housing authority—
(a) is satisfied that the applicant is homeless and eligible for assistance, and
(b) is not satisfied that the applicant became homeless intentionally,
the duty under section 193(2) applies regardless of whether the applicant has a priority need.
(2) For the purpose of subsection (1), an applicant in respect of whom a valid notice under section 21 of the Housing Act 1988 (orders for possession on expiry or termination of assured shorthold tenancy) has been given is to be treated as homeless from the date on which that notice expires.
(5) Subsection (1) does not apply to a case where the local housing authority would not be satisfied as mentioned in that subsection without having regard to a restricted person.
(6) Subsection (1) does not apply to a re-application by an applicant for accommodation, or for assistance in obtaining accommodation, if the immediately preceding application made by that applicant was one to which subsection (1) applied.
(7AB) The matters are—
…. and
(c ) in a case which is not a restricted case, the effect under section 195A of a further application to a local housing authority within two years of acceptance of the offer.
188 Interim duty to accommodate in case of apparent priority need.
(1A) If the local housing authority have reason to believe that the duty under Section 193(2) may apply in relation to an applicant in the circumstances referred to in section 195A(1), they shall secure that accommodation is available for the applicant's occupation until the later of paragraph (a) or (b) of subsection (1ZB) regardless of whether the applicant has a priority need.
Renters Rights Act Amendment
All the above removed.
Impact on what cannot be an Assured tenancy
Addition of S199A accommodation to the list.
Current Situation:
Currently section 188, 190, 200 or 204(4) (interim duties) accommodation cannot be assured tenancies unless certain provisions apply.
What's Changing:
Accommodation provided under S199A (accommodation pending a local connection referral at the relief stage) will also be accommodation that cannot be an assured tenancy.
Current legislation
209 Discharge of interim duties: arrangements with private landlord
(1) This section applies where in pursuance of any of their housing functions under section 188, 190, 200 or 204(4) (interim duties) a local housing authority make arrangements with a private landlord to provide accommodation.
(2) A tenancy granted to the applicant in pursuance of the arrangements cannot be an assured tenancy before the end of the period of twelve months beginning with—
(a) the date on which the applicant was notified of the authority’s decision under section 184(3) or 198(5); or
(b) if there is a review of that decision under section 202 or an appeal to the court under section 204, the date on which he is notified of the decision on review or the appeal is finally determined,
unless, before or during that period, the tenant is notified by the landlord (or in the case of joint landlords, at least one of them) that the tenancy is to be regarded as an assured shorthold tenancy or an assured tenancy other than an assured shorthold tenancy.
Renters Rights Act Amendment
(1) This section applies where in pursuance of any of their housing functions under section 188, 190, 199A, 200 or 204(4) (interim duties) a local housing authority make arrangements with a private landlord to provide accommodation.
(2) A tenancy granted to the applicant in pursuance of the arrangements cannot be an assured tenancy before the end of the period of twelve months beginning with—
(a) the date on which the applicant was notified of the authority’s decision under section 184(3) or 198(5); or
(b) if there is a review of that decision under section 202 or an appeal to the court under section 204, the date on which he is notified of the decision on review or the appeal is finally determined,
unless, before or during that period, the tenant is notified by the landlord (or in the case of joint landlords, at least one of them) that the tenancy is to be regarded as an assured tenancy.
Training on the Changes
All courses provided by Housing Reviews already have details of the changes and how they will impact in decisions made under Part 7 Housing Act 1996.
For more details of courses offered please visit
Upcoming Homelessness Training and Conferences | Housing Reviews or Homelessness and Allocations Training | Housing Reviews.
New Housing Act 1996 Flowchart
In our Free Members Resources page we have added a Housing Act 1996 flowchart as it will be when the Renters Right Act comes into force.