16:40 PM, 21st January 2026, About 3 weeks ago 9
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I am struggling to understand the new Renters’ Rights Act regulations and eviction process. I hope you can help.
I currently rent 2 rooms in my flat out to two separate lodgers/tenants, and keep the 3rd bedroom in the flat for myself (though it is not my main home). The 2 lodgers (technically tenants?) have both stayed in the flat for 5-10 years.
I had known them for years, and therefore, they pay very low rent for their respective rooms compared to the market. I also pay their council tax, utilities, etc., so I subsidise their stay by paying for the bills myself.
While I have been happy with this arrangement at present (though I’m paying for bills that usually landlords don’t pay), in future, at some point, I would like to rent the whole flat out to a family as a normal rental.
Am I right in understanding that from May 2026, the new regulations will mean that I cannot request these tenants to leave the property in order to rent the flat to a single household?
What happens if one of the tenants leaves because of personal reasons, but the other decides to stay? Will I be forced to keep him in the flat indefinitely, even though he only pays for a room? Neither of the tenants have income enough to rent the whole flat themselves.
I understand I can only ask the tenants to leave if I am selling the property or moving in myself, but what options do I have if I want to rent the whole flat to someone?
If I can’t ask them to leave to rent out the flat properly, I wonder if I should be asking them to leave now, even though they are good tenants?
Rita
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Member Since February 2011 - Comments: 3452 - Articles: 286
16:47 PM, 21st January 2026, About 3 weeks ago
Hi Rita,
This is the Renter’s Main Residence and not yours. Therefore, they are tenant,s not Lodgers.
You will need an AST, which I am assuming you have not?
You will find it hard to evict them, even before the Renters’ Rights Act. If I were you, I would not even try before speaking to an eviction specialist such as Landlord Action >> https://www.property118.com/evicting-tenants/
Simon Williams
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Member Since July 2016 - Comments: 153
10:13 AM, 22nd January 2026, About 3 weeks ago
Option 1. Evict now under Section 21 and explain to the tenants why you are doing it. Most tenants will leave without a court order.
Option 2. Keep your tenants but inform them that the happy days of below market rents are over and put rents up to market levels. If necessary even rent the third room (though check if 3 = licensing in your area). Market rents will also hasten their future giving of notice.
If your tenants stick around despite paying market rents, that could be a good thing. Why is a family better? If there is a sole earner supporting say 2 dependants, the default risk is higher and your rent goes to zero. Sharers are multiple income streams, so one defaulter shouldn’t cancel all income plus they aren’t paying for dependants. But if you really are determined to move to a family, now is the time.
Kizzie
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Member Since October 2022 - Comments: 401
11:47 AM, 22nd January 2026, About 3 weeks ago
Rita
Does your own lease contract permit the demise to be underlet and if so under what terms?
Does it exclude separate rooms to be let?
What are the specific terms /words of the clause in your lease?
Do you have to seek permission and inform from your landlord/management company not least for building insurance and fire regulations?
If your lease does not express in clear terms that you are allowed to do what you are doing then you could be in breach of your lease contract and risk being served with a forfeiture notice
Judith Wordsworth
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Member Since January 2015 - Comments: 1382
21:35 PM, 22nd January 2026, About 3 weeks ago
They are not lodgers, they are tenants.
You do have them on AST for their room and a licence for the communal parts.
You might even come under HMO regulations as 3 not related individuals. Are you HMO compliant?
rita chawla
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Member Since March 2015 - Comments: 32
9:52 AM, 23rd January 2026, About 3 weeks ago
I’m all okay with respect to the lease, council HMO rules etc. Also when the tenants had moved in, the flat was my only home which is why they were originally given the lodger agreement. Once I decided to buy a second property, I also took care of deposits, mortgage etc to keep things legal so would appreciate if there’s no more unnecessary landlord bashing based on wrong assumptions.
I do hope I can get some constructive advice regarding the implications of the upcoming laws on my situation (assuming everything is legal).
@Simon William, thanks for your post. I appreciate the options.. In hindsight, I should have charged market rates!
As one of the tenant has become a friend, I wanted to have a clear understanding of the options before asking him to leave.
After May if my friend /tenant leaves, it appears that I’m unable to request the other tenant to leave? I have to continue to let the tenant rent a room at a measly rate and let him enjoy the whole flat?
I cannot take possession of the room for self use as I already have another main home? Is that correct?
I can never rent the flat to a whole family unless I ask my existing tenants to move out now? Or have I missed anything here?
Peter G
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Member Since March 2018 - Comments: 181
11:41 AM, 23rd January 2026, About 3 weeks ago
Reply to the comment left by rita chawla at 23/01/2026 – 09:52
A family may be more risky than your current situation. Now is the best time to raise the rent to market rate, to minimise chance of referral to a rent tribunal – though their job is to compare your rent to market rate. After 1st May any new rent increase is fixed for 12 months and can only be changed using the s13 form. Good luck 👍
Judith Wordsworth
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Member Since January 2015 - Comments: 1382
8:41 AM, 24th January 2026, About 2 weeks ago
Serve s21 now then start court application for the Possession Order before the end of July 2026. Delay the court application and you will find yourself under the new regulations.
Once got vacant possession then decide either to re-rent or sell.
Simon Williams
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Member Since July 2016 - Comments: 153
8:56 AM, 24th January 2026, About 2 weeks ago
Rita, regarding the possible remaining hold out tenant, its obviously true you can’t evict after the RRA has come into force, unless for a ground stated in legislation. And that may indeed cause you a problem. This suggests issue of section 21 now. Or negotiate with the remaining tenant. Tell them you want them out, that you will be charging a market rent if they stay and will may have to sell and evict. There may be a deal to be done whereby in exchange for something the last tenant will agree to leave after a certain time. Provided there is no harassment and a signed exit deal without coercion, a tenant can waive their rights if it was attractive enough for them to do so. Others will disagree citing legal danger but tenants are grown ups and if properly handled you are allowed to negotiate with them.
Simon F
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Member Since October 2020 - Comments: 192
22:34 PM, 24th January 2026, About 2 weeks ago
Whether or not there is a written agreement now, you will need to provide written terms in May as part of the new rules. Perhaps consider letting the whole flat to them jointly at market rate including the right to sub-let the room you use back to you, and agree the amount you contribute that way, so it’s not too different for them. Then if one of them gives notice, the tenancy ends for both.