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How the Housing Act 1988 impacts landlords today

The Housing Act 1988 remains one of the most important pieces of legislation for private landlords in England, setting out the rules governing private tenancies, rent increases, and possession.  

Unsurprisingly, it has changed significantly since its introduction. Most recently, the Renters’ Rights Act 2025 amended key parts of the 1988 Act, including the rules on assured shorthold tenancies, Section 21 (’no-fault’) and Section 8 eviction notices. 

If you are currently a landlord, it’s helpful to understand the original framework and essential to know how the rules apply today. This article explains what the Act does, which parts of it have the most impact on you, and how recent legal changes may influence the types of landlord insurance you use to protect your properties, income, and peace of mind.  

28.08.26

By Clare Waring

This content was factually correct when written but may not reflect current developments or information.

Housing Act 1988

What is the Housing Act 1988? 

The Housing Act 1988 is the foundational legislation governing the private rented sector (PRS) in England. It created the modern assured tenancy system and set out the legal relationship between landlords and tenants. 

It covers areas such as: 

  • The types of tenancies that can exist 

  • How landlords can regain possession of a property 

  • How rent can be increased 

  • Which occupiers are excluded from standard assured tenancy rules 

For many years, the Act was best known for creating assured shorthold tenancies (ASTs).  

Is the Housing Act 1988 still valid in 2026? 

Yes, the Housing Act 1988 is still valid, but it has been heavily amended. 

The most important changes came into force on 1st May 2026 under the Renters’ Rights Act. 

From that date, assured shorthold tenancies (ASTs) were abolished, and the most common tenancy type is now rolling assured periodic tenancies. Any existing ASTs converted automatically, and new lettings start on this basis too. This means that landlords can no longer create fixed-term tenancies with a set end date. 

Section 21 (’no-fault’) evictions have also been removed as a route to possession. This means landlords must now rely solely on the Section 8 notice process to prove a relevant ground for eviction.  

The abandoned property process introduced by the Housing and Planning Act 2016 has also been repealed. Landlords should not assume they can take back possession simply because a property appears to have been abandoned. If there is any doubt, you should take legal advice before changing locks, removing belongings, or re-letting the property. 

In essence, elements of the Housing Act 1988 remain applicable, but the routes available to landlords are more tightly controlled. Whether you want to regain possession, increase rent, or consider a request from a tenant to keep a pet in your rental property, you now have to follow the amended rules. 

Key sections of the Housing Act 1988 you need to know 

For landlords, there are key sections that landlords are more likely to be affected by. 

Section 8 (evictions and possession) 

Section 8 is now the only route for landlords in England looking to regain possession of a rented property. 

Since Section 21 was abolished, you must rely on one or more valid grounds for possession under Section 8. These grounds cover different situations, including rent arrears, antisocial behaviour, breach of tenancy, selling the property, or the landlord or certain family members needing to move in, among others. 

The eviction process under Section 8 usually involves: 

  • Identifying the correct ground or grounds for possession 

  • Serving the correct Section 8 notice 

  • Giving the required notice period 

  • Applying to court if the tenant does not leave at the end of the notice period 

If you apply to court after the notice period has expired, some grounds are mandatory, meaning the court must grant a possession order if the ground is proved and the process has been followed correctly. Others are discretionary, which means the court decides whether it is reasonable to make an order. 

This is where ensuring you have followed the correct process and have the correct paperwork is important; using the wrong grounds, the wrong notice period, or missing evidence can delay or result in the loss of a possession claim. 

The government has published guidance which explains the updated process for landlords. 

Section 13 (rent increases) 

Section 13 deals with rent increases for assured periodic tenancies. 

Under the amended rules, landlords can no longer rely on automatic rent review clauses to increase rent as many tenancy agreements previously allowed. Instead, if you want to legally increase your tenant’s rent, you need to use the Section 13 process. 

In practice, this means you must give the tenant the correct form and at least two months’ notice. Rent can be increased only once a year, not during the first year of a new tenancy. 

The proposed rent must also be in line with open market rent in the property’s area. If the tenant believes the increase is above market level, they can challenge it through the First-tier Tribunal. 

This does not stop landlords increasing rent; it has simply formalised the process. That’s why it’s a good idea to keep clear records of each increase and how the proposed rent compares with similar properties. 

Section 31 (excluded tenancies and lodgers) 

Section 31 applies if you rent out a room in your own home. It sets out the rules for “excluded” tenancies and licences. In simple terms, if you live in the property and share rooms, such as the kitchen or bathroom, with the person renting from you, they are usually a lodger (an ‘excluded occupier’) rather than an assured tenant. 

This is important because standard eviction protections for tenants do not apply to lodgers. You do not need Section 8 grounds or a court order to ask a lodger to leave. Instead, you can usually end the arrangement by giving them ‘reasonable’ notice. 

However, bear in mind that calling someone a lodger in a written agreement does not necessarily make them one. What counts is how the arrangement works in practice; whether you actually live in the property and genuinely share space with them. If you are not sure where someone stands, get legal advice before assuming you don’t need to follow the Section 8 process. 

Does the Housing Act 1988 apply to Scotland, Wales and Northern Ireland? 

The Housing Act 1988 is mainly relevant to private residential tenancies in England. 

Housing law is devolved, so landlords in Wales, Scotland, and Northern Ireland need to follow different rules. If you let property outside England, do not rely on Housing Act 1988 guidance. You should check the rules that apply in the nation where the property is located. 

In Wales, most private rented homes are governed by the Renting Homes (Wales) Act 2016, which replaced many older tenancy concepts with occupation contracts. Current legislation is listed at Wales.GOV, housing. 

In Scotland, private residential tenancies (PRTs) are governed by a separate Scottish framework. This has different possession grounds and procedures. See GOV.Scot, private renting. 

Northern Ireland also has its own housing legislation and notice rules. See Communities-NI, housing legislation. 

The 2026 changes make legal process much more important. Before Section 21 was abolished, many landlords used it because they did not need to prove tenant fault and it was generally a quicker route to reclaiming possession of their property.  

Now, if you need to regain possession, you must use the updated Section 8 process and rely on a valid ground. If the tenant does not leave, you may need to go to court. That can mean solicitor costs, court fees, delays, and lost rent while the case is ongoing. 

This is where landlord legal expenses insurance can be particularly valuable. It can help cover the legal costs of pursuing possession, subject to the policy terms and conditions. Policies with Alan Boswell Group also provide a 24/7 legal advice helpline, so that you can seek advice on a range of legal matters. 

Legal & rent guarantee insurance may also be important, especially where possession is linked to rent arrears. Even where the landlord has strong grounds, the process can take time. Rent guarantee cover can help protect your rental income while you regain possession of your property, and provides the rental income for up to three months while you relet the property. 

Need help with your insurance?

The Housing Act 1988 remains central to private renting in England, but the rules landlords must follow have changed. Compliance, evidence and preparation now matter more than ever. 

Alan Boswell Group’s buy-to-let specialists can help you review your landlord insurance and consider whether legal & rent guarantee insurance could support you if a tenancy becomes difficult. To discuss your options, speak to a member of our landlord insurance team.

 

Speak to us:  01603 216399

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