The tenancy reforms in the Renters’ Rights Act for private landlords in England have now come into force. Although 1 May 2026 was a “big bang” date, with Assured Shorthold Tenancies being abolished for both existing and new tenancies at the same time, there are some transition arrangements for existing tenancies.
In this blog post, I explain how the Renters’ Rights Act impacts existing tenancies. This includes how existing tenancies have changed, the transition arrangements for existing tenancies, including oral tenancies and student HMO tenancies.
I cover the transition arrangements in detail in my book, The Good Landlord Handbook, along with practical guidance on what you need to do at every stage of a tenancy under the new rules. For ongoing support, templates and community, you can find it all at The Independent Landlord Hub.
I will keep this blog post updated.
Note that the tenancy reforms in the Renters’ Rights Act do not apply to high rent tenancies (annual rent above £100k), agreements with lodgers, leases to companies and tenancies regulated by the Rent Act 1977.
Last updated: 30 May 2026
>> Related Post: Renters’ Rights Act Guide: The 12 key provisions
>> Related Post: Renters’ Rights Act implementation guide
At a glance: RRA transition rules for existing tenancies in 2026
- What happened on 1 May 2026 for existing ASTs?
- The transition rules for “existing tenancies”
- The transition rules for specific types of tenancies in 2026
- Transition provisions for rent in advance clauses in existing tenancies
- Which ASTs did not become APTs on 1 May 2026?
- What happened to pending notices as of 1 May 2026?
- Final thoughts
What happened on 1 May 2026 for existing ASTs?
On 1 May 2026, almost every Assured Shorthold Tenancy (AST) in England converted into an Assured Periodic Tenancy (APT). This means that any fixed terms ended, and the tenancy is now periodic, rolling from month to month until either the tenant or the landlord terminates it.
The AST and the APT are treated as one continuous tenancy, and there is no need to re-serve the compliance documents (such as the Gas Safety Certificate, EICR or EPC), or to re-register the tenancy deposit.
Unlike the Conservative’s Renters (Reform) Bill, there is no transitional phase where existing tenancies “run off” any fixed terms. On 1 May 2026, every Assured Shorthold Tenancy (AST) in England converted immediately to the new Assured Periodic Tenancy regime, unless there was a pending valid Section 21 notice.
The transition rules for “existing tenancies”
Although all existing ASTs automatically became APTs on 1 May 2026, unless there is a pending valid Section 21 notice, not all of the tenancy reforms are applicable to existing tenancies.
>> Related Post: Renters’ Rights: What landlords must do by 31 May 2026
What is an “existing tenancy” under the Renters’ Rights Act?
Section 146 RRA states that it is an assured tenancy (which includes an AST) which is “entered into before the commencement date”, ie before 1 May 2026.
“Entered into” means that it is a binding agreement that is signed by both parties. It does not mean that the tenancy needs to have started.
For instance, if all parties sign an AST on 1 April 2026, but the tenancy start date is not until 10 May 2026, it will still be considered an “existing tenancy” for the purposes of the transition provisions in the Renters’ Rights Act, even though the tenants have not moved in.
Clauses in existing tenancies that are automatically invalid
The Renters’ Rights Act made the following clauses in all existing tenancy agreements null and void, and unenforceable, from 1 May 2026:
- Fixed term clauses: Any dates specifying a fixed term (eg “for a term of 12 months”) now have no effect. The tenancy became a statutory periodic tenancy on 1 May 2026, and any attempt to enforce a fixed term may lead to a civil penalty under the new Section 16E of the Housing Act 1988 that will be introduced by Section 13 RRA.
- Contractual rent review clauses: Any clause that states how a rent increase is calculated, for instance by reference to CPI or RPI, is now null and void. Landlords are only be able to validly increase rent by using the statutory Section 13 process (a Form 4A), and only once every 12 months. Government guidance says “Any rent increase that was agreed before 1 May 2026 under a rent review clause, but which takes effect after 1 May 2026 will not be permitted.” See blog post The rules about rent in the Renters’ Rights Act.
- Break clauses: These are now redundant. Tenants can now end the tenancy at any time with 2 months’ notice to expire at the end of a rent period at any time, and landlords can only terminate if they have a valid Section 8 ground. See blog post How the new Section 8 grounds will work.
- Blanket pet bans: A clause prohibiting pets is subject to the new implied term that the landlord cannot refuse to give consent, unless they have a good reason, provided the tenant follows the procedure set out in Section 11 RRA.
- Rent Periods exceeding one month: If the AST states rent is payable quarterly or annually, this has become a monthly rent period using the formula in
in Section 1(6) RRA, where R is the rent that would have been due for the first rent period of the tenancy and D is the number of whole days in that period. However, any clause saying the rent is payable in advance is still valid (see below).
Do landlords need to re-issue new tenancy agreements for Renters’ Rights Act?
No. Landlords do not need to re-issue or “re-paper” existing assured shorthold tenancies, as they automatically turned into an assured periodic tenancy on 1 May, and are treated as a continuing tenancy.
Instead, they need to provide tenants with the official government “Information Sheet” by 31 May 2026. The Information Sheet explains the tenancy reforms to tenants. See my blog post: Renters’ Rights Act: Tenant Information Sheet explained.
As existing tenancies are deemed to be “continuing”, landlords do not need to re-register the tenancy deposit, or re-issue the tenancy documents such as the EPC, EICR and the Gas Safety Certificate.
What landlords need to do is issue the official government Information Sheet to tenants by 31 May 2026. This is available on GOV.UK.
Landlords also need to serve any written statements for student HMO tenancies and oral tenancies, if relevant. (Incidentally, I have templates for both of these in my membership, The Independent Landlord Hub).
The Good Landlord Handbook
This blog post covers the transition rules.
For the full picture on how to operate under the new regime now it is in force, read my book ‘The Good Landlord Handbook’:
🔹 #1 bestseller on Amazon
🔹 Practical guidance on every stage of a tenancy
🔹 Renters’ Rights Act integrated throughout
🔹 “A true landlording bible“
The transition rules for specific types of tenancies in 2026
All existing assured shorthold tenancies in place on 1 May 2026
Landlords must send all tenants with existing assured shorthold tenancies the official Information Sheet by 31 May 2026. This Information Sheet explains the changes that the Renters’ Rights Act will be making, and will be available online at GOV.UK from March 2026.
The local council will be able to impose a civil penalty of up to £7,000 if landlords do not do this.
Existing ASTs that have a tenancy agreement or are partially in writing do not need to “repaper” the agreement or issue a written statement of terms; service of the Information Sheet by 31 May will suffice.
Note that the transition rules for ASTs with rent periods of longer than one month are complex, and are set out in paragraph 2 of Schedule 6 of the Renters’ Rights Act.
>> Related Post: Renters’ Rights Act: Tenant Information Sheet explained
Existing oral tenancies in place on 1 May 2026
Where there is an tenancy that is wholly oral, the landlord needs to issue a written statement of the terms of the tenancy to the tenant before 31 May 2026. Here is a link to the regulations that set out what must be in the written statement for oral agreements. (Tenancies already in writing on 1 May do not need to have the written statement issued, as the Information Sheet suffices).
The local council will be able to impose a civil penalty of up to £7,000 if landlords do not do this.
Student HMOs
If a landlord of full-time students in an HMO wishes to use Ground 4A to recover possession, they must provide a written statement to the tenants that the tenancy is one to which Ground 4A applies by 31 May 2026. (Para 13 of Schedule 6).
This written statement waives the requirement that the Ground 4A written statement should have been given at the start of the tenancy. It also disapplies the rule that the tenancy must have been entered into less than 6 months before the start of the tenancy.
As part of the transition rules, only 2 months’ notice is needed under Ground 4A, instead of the usual 4 months. This means that landlords with full-time students in HMOs will be able to serve a Ground 4A notice of possession between 1 May 2026 and 31 July 2026, giving tenants 2 months’ notice instead of the usual 4 months. (Don’t forget they must also serve the Ground 4A Written Statement and served the Information Sheet).
They can use ground 4A even if the tenancy was signed more than 6 months before the date the tenants could move in.
To recover possession in June/July 2026, landlords can also a Section 21 notice before 1 May 2026 (while ASTs still exist). This is because the transitional provisions in Para 4 of Schedule 6 allow Section 21 notices served before 1 May 2026 to remain valid for their usual lifespan (typically allowing proceedings to be brought within 6 months of service), so long as the landlord applies to the court for a claim form to be issued by 31 July 2026.
Transition provisions for rent in advance clauses in existing tenancies
While the Renters’ Rights Act does state that the maximum rent period for all APTs, including existing tenancies, will be one calendar month, there are specific saving provisions for tenancies entered into before 1 May 2026 for rent payable in advance.
Section 8 RRA inserts Section 4B into the Housing Act 1988, which states that any clauses “provide for when rent is due are of no effect so far as they provide for rent to be due in advance“.
However, Section 4B(2)(a) HA88 states that this rule does not apply to existing tenancies entered into before 1 May 2026.
Consequently, if an existing tenancy agreement states that rent is to be paid (say) 6 or 12 months in advance, that obligation remains valid and enforceable for that specific tenancy, and the landlord can continue to collect that rent in advance for the duration of that tenancy.
Which ASTs did not become APTs on 1 May 2026?
There are two categories of AST that did not become an APT on 1 May 2026, and that is where there was a pending valid Section 21 notice or a valid Section 8 notice.
Para 3 and Para 4 of Schedule 6 RRA state that a valid Section 21 notice served before 1 May 2026, remains valid, and the tenancy remains an AST, until the landlord obtains possession and the tenancy ends, the notice lapses or a judge decides that the notice is invalid.
There are similar rules in for Section 8 notices in Para 16 and Para 17 of Schedule 6 RRA.
The tenancy is not be subject to the rules in Chapter 1 of Part 1 of the Renters’ Rights Act, for so long as it remains an AST.
However, there is a short ‘use it or lose it’ backstop date. If the landlord has not initiated court proceedings by 1 May 2026, they must do so by asking the court to issue a claim form by the earlier of 31 July 2026) or the expiry of the notice. A Section 21 notice expires 6 months following service, and a Section 8 notice expires 12 months after service.
If the landlord fails to obtain possession because the notice lapses or is not valid, the tenancy will become an Assured Periodic Tenancy.
What happened to pending notices as of 1 May 2026?
Pending Section 13 notices (Form 4 for rent increases)
Under Para 6 of Schedule 6 RRA, Section 13 notices (Form 4) served before 1 May 2026 continue to be valid.
Note that government guidance has clarified that “any rent increase that was agreed before 1 May 2026 under a rent review clause, but which takes effect after 1 May 2026 will not be permitted.”
Pending Section 21 notices (aka ‘no fault eviction’ notices)
Valid Section 21 notices made under the old rules before 1 May 2026 also continue to be valid if the court has been requested to issue a claim form, under Para 3 of Schedule 6 RRA.
Where there has been no request for the court to issue a claim form, Para 4 of Schedule 6 RRA states the landlord must do so before 31 July 2026, otherwise the notice will lapse.
Pending Section 8 notices
Valid Section 8 notices made under the old rules before 1 May 2026 also continue to be valid if the court has been requested to issue a claim form, under Para 16 of Schedule 6 RRA.
Where there has been no request for the court to issue a claim form, in keeping with the transition rules for pending Section 21 notices, Para 17 of Schedule 6 RRA states the landlord must do so before 31 July 2026, otherwise it will lapse.
Final thoughts
The transition from ASTs to assured periodic tenancies on 1 May 2026 was automatic, but that doesn’t mean landlords should sit back and do nothing.
There are things to do.
If you haven’t already, review your existing tenancy agreements and understand which clauses survived the transition and which didn’t. Rent review clauses, fixed terms and break clauses have all fallen away.
Do also take the time to talk to your tenants, and explain the changes to them. You can do this at the same time as handing over the Information Sheet before 31 May.
As for the future, you can find out how to operate successfully in the Renters’ Rights Era in my bestselling book, The Good Landlord Handbook.
>> Related Post: Rules for entering into new Assured Periodic Tenancies from 1 May 2026
What happens with regard to monthly rollover tenancies.
They will turn into assured periodic tenancies, with all the new rules (eg must use Form 4A for rent increases, and landlords won’t be able to use Section 21 to terminate a tenancy).
Hi Suzanne, this information is very useful and well put together. I had a fixed term that ended in April 2026 and then rolls over monthly. The agreement also states a 1month notice period. Would this still be binding or would I have to give the 2months notice as specified in the renters right act? I handed my 1 month notice a few days ago but the letting agents are saying, I have to give a 2months notice.
Any advice would be greatly appreciated.
Thank you in advance for your response.
Hello. The letting agents are wrong. I answer this question directly in this blog post: https://theindependentlandlord.com/resources/property-investors-glossary/tenant-notice-to-quit/
I suggest you send it to the letting agents.
My son signed an AST way back in October for a tenancy due to start 1st July this year. He has since dropped out of Uni and will not be moving in. We gave 2 months notice on May 1st as per what we understood to be the new rules- ie we have signed so have an ‘exiting tenancy’ even though the move in date is months off. We were told by the letting agency we cant give notice until 1st July so will still be liable to 2 months rent (unless we find someone to take over his tenancy) . Very confusing I have read opposing info on this point, any advice gratefully received!
The letting agent is wrong and you can report them to the local council for breaching the rule against purporting to let for a fixed term. The fixed term ended on 1 May. Show them this comment.
Hi Suzanne thanks so much for your reply- great news. The letting agency insist they are correct though and have given me information produced by Unipol which explicitly says that tenants cannot give notice until the day that the tenancy is due to start (ie 1st July is on our tenancy agreement which we signed last October!.) Do you think i can still challenge it? Thanks so much for your help
Sorry, but I misunderstood your question. A tenant can’t serve a notice to quit until the tenancy starts.
I have an elderly tenant who chooses to pay her rent 3 months in advance as she physically goes to a bank to pay. Can this continue?
If so how do I evidence that I haven’t asked her to do this.
She can keep paying rent in advance if she wants to – there is no ban on tenants paying in advance once the tenancy agreement is entered into. It’s just for new tenancies from 1 May 2026, any clause saying they have to pay in advance once the agreement is signed will be null and void (other than the initial rent). . Read more here: https://theindependentlandlord.com/rent-in-advance/
I have tenants living in my house, which is an HMO where I also reside. The tenants have an annually renewable ‘licence to occupy’. Can this continue under the new arrangements? Do I need to make any changes to these arrangements whereby I make use of a licence to occupy’?
Thanks, and best wishes,
Robert Duirs
Your tenants are likely to be lodgers if they share facilities with you as a resident landlord, and are therefore don’t come under the Housing Act 1988 and won’t be affected by the tenancy reforms in the Renters’ Rights Act. This isn’t legal advice, so do get your situation checked
Really useful information- thank you!
Regarding this part:
Para 3 and Para 4 of Schedule 6 RRA state that a valid Section 21 notice served before 1 May 2026, will remain valid, and the tenancy will remain an AST, until the landlord obtains possession and the tenancy ends, the notice lapses or a judge decides that the notice is invalid.
Does this mean that if a tenancy has an outstanding sect 21, a landlord would NOT be required to serve the government APT info sheet/written statement before 31 May? Or would they still need to do this even though the tenancy is not converting at that point?
Many thanks
Really good question. Logically there will be no need to serve it, as the agreement will still be an AST, but as there is a chance the section 21 notice might lapse or be thrown out, it might be safer to serve it anyway, with a caveat.
We should find out this sort of detail when the Information Sheet is published in March. I’ll certainly look out for this.
I have always used 12 month fixed contracts and renewed annually with a small increase in rent ( but kept below market rent). Two of these 12 month contracts are due for renewal at the end of March. as effectively their contracts are ending, should I issue the new open ended AST with the new rent ( £25.00 increase). Do I need to issue a $A as the renewal is prior to 1st May?
There is no need to renew them in March. Just let them roll onto being periodic. You can increase rent by using Section 13. See this blog post for more info on periodic tenancies: https://theindependentlandlord.com/resources/property-investors-glossary/periodic-tenancy/
Great info, thanks. We have an AST for 12 months which commenced Aug 2025 and due to a change of circumstances, we want to take possession of the Flat to sell it. Am I right in saying that this AST will flip to a periodic agreement from 1/5/2026 AND we won’t be able to take possession to sell for another year after that unless the tenant vacates? Or is there an option not to go to the new periodic agreement? We don’t have a break clause in the current AST.
I don’t give advice in the comments, but the stopwatch for the 12 months starts at the beginning of the tenancy and not 1 May. If you’d like more advice, you can join The Independent Landlord Hub.
I have a tenancy that started in Sept 2024 with three individuals. Two have remained since the start. When one moved out a new tenancy was issued in Feb 2025 and now another has moved out a new tenancy is being created in March 2026. If I want to serve notice later in the year where does the 12 months stopwatch start from? And could I serve notice after 8 months, so it would expire on 12?
Sorry, but I only provide advice in The Independent Landlord Hub.
sorry if this has been addressed but if we sign a new tenant pre 1 May are we still banned from selling the property within the first 12 months of the tenancy even through it is a contract entered into before the new bill comes into law? We have been stuck with a ‘cladding flat’ for years that will be remediated in October so we would like to sell. Current tenant is in arrears each month so would like to get a new tenant in for the next 6-8 months but now wondering if we switch tenants we may have to keep that flat for another year!
You will be able to sell the property whenever you like, with sitting tenants, but you won’t be able to get vacant possession using Ground 1A unless you serve the notice so it expires after 12 months from the start of the tenancy. More info here: https://theindependentlandlord.com/rrb-grounds/
Really helpful info thanks! Regarding Section 8 notices, we have an existing tenant on an APT who’s been there a few years but we’d now like to sell the property. Would we be able to use Ground 1A to issue a Section 8 from 1 May 2026, is that correct?
Yes. Here’s the blog post on Section 8: https://theindependentlandlord.com/rrb-grounds/ Do get legal advice as Section 8 evictions are more complicated than Section 21.
I have had the same AST tenants since 2013. Unfortunately major work now needs to be done on the house which will render it untenable for a couple of months at best. Due to my personal circumstances I would prefer to give my tenants notice to leave mid May but presently have proposed mid April in lieu of the RRA changes 1st May. There is already a major lack of rental accommodation in the area so I pre warned them I would be giving them notice back in mid December. If I make the end date of the notice to fall past the 1st May will I be able to relet the house straight away once the work is completed or will I have to wait 12 months under the new rules?
If you serve the 2 months’ notice before 1 May to expire after 1 May, that will be OK, and you will be able to relet it as it will be under Section 21 and not the new Section 8. You will have a narrow window to apply for an order for possession if they don’t move out. However, make sure you have a valid Section 21 notice. More info in this blog post, but do get legal advice: https://theindependentlandlord.com/section-21-transition/
My current lease expires at the end of March but as this is before the go live date of 1st of May does an interim agreement need to be put in place for April at which point that agreement will make up the terms of the rolling lease? Or will my current agreement be deemed a roll over agreement as per the new rules as my landlord seems to think is the case?
Your landlord is right. Your tenancy won’t “end” at the end of March, and will automatically become a rolling periodic tenancy – see here: https://theindependentlandlord.com/resources/property-investors-glossary/periodic-tenancy/
No need to put in an interim agreement, as it will continue on the same terms other than the fixed term.
Your landlord should send you an Information Sheet before 31 May explaining how the Renters’ Rights Act changes tenancies from 1 May.
Last July i rented out my property on a STA, 12 months as i was uncertain about what we intended to do with a property we have. We are still not sure but were under the impression that on 1/5/26 that we could decide what to do with the property and current tenants. Our intentions in July 2025 was unclear, but by the looks of this, does that mean we have no option to keep the tenants. We were happy with12 months, but by default they get to stay indefinitely due to renters reform kicking in in May and their contract ending in July?
A tenancy does not end when the fixed term expires. Their contract does not “end”. It is just the fixed term that ends, and it automatically becomes a periodic tenancy when the 12 months ends. If you want to end the tenancy, you need to serve a section 21 notice. This has always been the case.
However, with the Renters’ Rights Act, you will lose the ability to serve a section 21 notice after 30 April 2026. If you serve on or before 30 April, you’ll only have until 31 July to enforce it. https://theindependentlandlord.com/section-21-transition/
If you need more information, you should speak to a specialist solicitor.
Excellent work Sue.
If I do not serve a notice on my students to leave….
Q. If students, having been served an AST to APT ‘Information Sheet’, are currently on an 11 month contract that commenced in August 2025 and was due to end in July 2026, are they duty bound to give/ serve 2 months written notice on the L.L. (me) that they intend to leave on the date set in the original contract i.e. in July 2026?
Q. Are they responsible for the set rent until 2 months after they served their notice to quit date, whenever that may be. I would have no need to serve notice on them in that case.
Sorry, but I don’t answer questions in the comments. This is the sort of question I do answer in The Independent Landlord Hub: https://theindependentlandlord.com/hub
I’m in an AST ending 1 June 2026, after 1 May this will become periodic. When can I give notice to end the tenancy? Can I give 2 months so it ends on 1 May? And if not, how do I give notice so the tenancy still ends on 1 June? Thank you
I can’t give advice in the comments, but you’ll find worked examples in this blog post: https://theindependentlandlord.com/section-21-transition/
Thanks Suzanne. Just to clarify – say a pre-existing tenancy contains express provisions within it for a fixed rent increase to occur on a specific date after 1 May. Are those provisions valid under the new law on their own once the pre-existing tenancy goes periodic or would a s13 notice still be required to be issued to effect the rent increase?
See this blog – paras 5 and 6: https://theindependentlandlord.com/renters-rights-rent/
Hi Suzanne Thanks for the great blog. What do you make of the retention of the words “statutory periodic tenancy” in section 13(2)(b) of the HA88 by the Renters Rights Act changes? Is that an oversight in your view or is it intended such that that Landlords entering into new pre-existing contractual periodic tenancies in the final months leading up to 1 May will be prevented from using the section 13 rent increase procedure for 12 months after the contractural periodic tenancy first commenced – i.e a difference between how contractural and all other former fixed and stat periodic tenancies will be treated vis a vis s13 will be retained after the RRA changes come into effect? Seems odd to me but I would be interested in getting your view and the rationale for retaining that distinction. Thanks.
This is the sort of question I answer in The Independent Landlord Hub 😊
Hi Suzanne, thanks for an informative blog. If I have a fixed AST with tenants ending on the last day of April 2026, and the existing tenants continue to live there (i.e in effect a rollover), resulting in an automatic periodic tenancy do I need to issue a new tenancy agreement or would the government information sheet by 31st May 2026 be suffice? I’m hoping the latter. For context already recently renewed for a short fixed period.
You just need to issue the government information sheet by 31 May 2026. Sign up for my free newsletter as I’ll be telling subscribers when it’s published https://theindependentlandlord.com/subscribe/
We are currently tenants with a 12 month periodic contract which started on 8.2.26. I understand it will turn into a rolling contract on 1st May and the landlord will have to give us 4 months notice. Is he able to do that at any time or will he have to wait until Feb 27 to issue the notice thereby giving us until 8.6.27?
It won’t be able to expire until 7 Feb 2027, as he needs to wait 8 months before he serves 4 months’ notice. He’ll only be able to do that if he wants to sell up or move himself or family in.
Hi
Many students have contracts that run September to August but actually dont use the property beyond end of exams in May/June.
Can they give notice to quit in April and thus stop paying rent in June? For this year as the act only comes into full provision on 1st May, if notice was given on 1st May would they be able to stop paying rent on 1st July?
thanks
Hello
I have several existing AST’s where the fixed term will expire after 1st May.
In the past I have renewed and increased the rent at the end of the fixed term.
After 1st May rent reviews can only be every 12 months.
If the fixed term ends on say, 1st June can the rent be increased or will a landlord have to wait another 12 months?
Hi Suzanne,
With regards to Student HMO – the written statement to inform tenants that the tenancy is one to which Ground 4A applies;
Is this something the government will also be providing in March, with prescribed wording? So we can just give this to tenants currently in situ/ agreements signed pre 1 May, along with the information sheet?
Or, is it something a landlord will need to write themselves, saying something like:
**Written Statement – Possession under Ground 4A – Student HMO**
The Property (Address) is a Student HMO. The Landlord intends to use Ground 4A to recover possession in the future; on the basis that;
(i) the Tenant met the student test when the tenancy was entered into;
(ii) the tenant meets the student test when this written statement is given
(iii) the landlord intends, on the next occasion on which the dwelling-house is let, to let it to a tenant who meets the student test when that new tenancy is entered into.
If its something a landlord has to write, would you advise we start sending them now/ or start including the wording in our current ASTs? I deal with a lot of student tenancies which are being signed now, so it would be good to get a head start!
Going forward as of 1 May – for any new student tenancies entered into, will this 4a possession statement be included in model APT tenancy agreements?
Thanks Suzanne! 🙂
I have my own Ground 4A template in The Independent Landlord Hub for student landlords to send all tenants who have entered into a tenancy, even if they haven’t moved in. I will have an APT template for student landlords with this incorporated (in fact my current AST template for student landlords has the Ground 4A statement in it).
Dear Suzanne,
Greetings!
We are the owner of the residential property in London.
As regards to the coming Renters’ Right Bill, we have the queries on our coming renewed tenancy with our current tenant. It would be much appreciated if you can advise us. For your information, please see below the details.
We have started renting our apartment to our existing tenant since 2020. The AST has been renewed every year since 2020.
Our current AST covers the period from 15/09/2025 to 14/06/2026 at the weekly rent of £800 with deposit £4,000. Our tenant has upfront paid us the whole 8 months’ rent before 15/09/2025, as stated in the current AST. And there is a break clause saying that “Should either party wish to terminate the Tenancy, it is agreed that a minimum of 2 months advance written notice must be served on the other party and the tenancy must not expire within the first 8 months of the Tenancy commencement date. In this agreement the earliest date either party can give notice will be the 14/03/2026.”
Our current tenant has asked us for the tenancy renewal. Is it legal for us, as owner, to offer the tenant the following tenancy renewal terms?
If we and the tenant signed the renewed tenancy agreement with following terms on or before 31/03/2026 and tenant paid us upfront the whole 12 months’ rent on or before 31/03/2026, can the tenant ask us to refund any upfront paid rent amount to them on or after 01/05/2026, the Renters’ Right Bill in force?
Extended Term for existing tenancy (as per the AST dated 11/07/2025 and the Memorandum of Agreement dated 15/07/2025): 15 June 2026 to 14 June 2027
Weekly Rent: £840
Upfront Rent: Full payment of £43,680 for the 12-month term, payable to the landlord on or before 31 March 2026
Revised Deposit: Payment of the £4,200 shortfall, payable on or before 31 March 2026.
Property Condition: The tenant will accept the property in its current condition, with no additional renovations or repairs required from the landlord
Many thanks for your advice.
With best regards,
CL
Hello. This is the sort of complicated scenario I give advice on in my membership, The Independent Landlord Hub.
I can’t see any point renewing now, as it will become periodic in just over 2 months.
Best wishes
Suzanne
Hi Suzanne,
What happens in the following case?
I am on a AST until 11th May. Under the current law it would turn into a rolling contract anyways and I could leave e.g. mid June (my contract says 30 days notice when it’s a rolling contract) or just leave at the end of my contract (11th May).
With the new law coming into effect 1st May: Does this mean I have to stay until end of June (beginning of May + 2 months notice)? Or is there a way I can give notice early to leave end of May? Any advice?
I can’t give advice, but hypothetically, if your fixed term ends on 11 May, then you should be able to serve one month’s notice in early April to expire on 11 May.
I understand that on ‘new’ tenancies the landlord will not be able to provide notice to the tenant to sell for the first 12 Months. With that being said, if a landlord is looking to sell a property that has been changed from a fixed term, will the landlord need to wait 12 months from May to be able to provide notice or as the tenant has been in situ prior to the bill will the 12 months not apply (with sufficent section 8, 4 month notice)
Thanks
It’s 12 months from the start of that tenancy/renewal, not 1 May. You can read more in this post: https://theindependentlandlord.com/rrb-grounds/
Hi Suzanne. Thank you for the excellent content! What’s not clear to me is whether the transition to an APT from an AST voids the end of a fixed term date for both parties, tenant and landlord? We are tenants with a fixed term until October 2026 but our landlord wishes to sell our house now. After 01 May, do we have any protections to allow us to see out the end of our fixed term before they give notice? Or does the RRA implementation give the landlord the flexibility to serve notice on us on 01 May because we lose the protection of our fixed term?
Your fixed term will end on 1 May. The landlord can serve 4 months’ notice if they wish to sell or move in from 1 May, but they can’t serve it until the tenancy has lasted 8 months, so it expires after the first year.
This means you effectively have the same protection for the first year since you entered the tenancy or renewed the tenancy, via another route. I hope that helps.
Hi Suzanne, is it true that there is a new transitional provision for student HMOs, that allows 2 months notice to be given after 1st May? This would enable notice to be given after 1st May, to end tennacies for students who are moving on or completing their studies this summer.
Thanks
yes, but you must give the Ground 4A written statement beforehand. I have that in my membership: https://theindependentlandlord.com/hub
We are tenants, not Landlords. But I hope you can still help by clarifying something you said in one of your Youtube posts which would be helpful for your landlords to know also …
Some months ago, you said that when the Renter’s Rights Act came into force, in the majority of tenancies, tenants would be then automatically be required to give two months’ notice. But you said that would depend upon the tenancy agreement in force before 1st May – it may not apply to some tenancies.
Ours has a one month tenant/two month landlord notice period – which it looks like will become a two month/four month notice after 1st May. What are the exceptions you referred to?
Happy to clarify for you – my content is balanced.
We won’t know 100% until the courts interpret this, but if your agreement says you only need to give one month’s notice to terminate, that will prevail. As for the 2 months’ notice for the landlord, that will be null and void from 1 May as it will be outlawed along with the abolition of the section 21 ‘no fault’ evictions. The 4 month notice you mention will only apply if the landlord wishes to sell up or move in, or have another reason to terminate for instance rent arrears. See this post for the new rules for landlords: https://theindependentlandlord.com/rrb-grounds/
Hi Suzanne,
I am serving my tenants a section 21 notice in April as I want to sell my rental property. The tenants were on a 2 year AST due to expire in July this year. If the house does not sell, I will need to re-let it, but can I did so or am I bound by the new 12 month rule that comes in on May 1st that will prevent me from re-letting for 1 year?
Hello Suzanne,
I am about to sign a 24-month contract with a mid-April move-in date as a tenant. This is a guarantor-backed agreement.
I am not sure if I will be able to leave the unit any time with 2-months notice after May1st changes although I signed the contract before May 1st. There are some theories saying the law will apply to contracts signed after May1st.
I also want to make sure that my guarantor’s liabilities come to an end after I leave the property regardless the contract signed for 24-months.
Thanks a lot!
The 2 year fixed term will become rolling on 1 May. They should not be entering into a 24 month contract. It’s irresponsible and misleading. I would say it is an unfair commercial practice under the Digital Markets, Competition and Consumers Act 2024 as it omits material information. See here.
You will be able to serve 2 months’ notice after 1 May. It doesn’t matter what the tenancy agreement says. Those that say the end of fixed terms will not apply to pre-1 May agreements are wrong. You can read more here: https://theindependentlandlord.com/assured-periodic-tenancy/ Make sure that the wording in the guarantee states that their obligation ceases when the tenancy agreement is terminated in accordance with the law in force at the time (or such like).
I think it is disgraceful that companies are still trying to let for 2 years. Who are they? You can reply to this, and I won’t publish the name (I have to approve all comments)
Hiya, thank you so much for all this info. I could do with a bit of help, since August we been on a rolling contract, yesterday they came to the house pushing us to sign a new contract, from 1st of April they want us also to pay a rent increase of almost £300 monthly. Also they want us to sign a 12 month contract, even tho the house is full of problems, we been waiting over 6 years to get issues sorted around the house. We didn’t signed as we said we wanted to talk about it, so if we sign it, from 1st of May it won’t be valid anymore ? Also I thought they have to gives us a month notice ? Thank you so much
Sorry, but I only answer questions in The Independent Landlord Hub.
Hi Suzanne,
We inherited a house with a sitting tenant, who has lived there since the mid 1990s before ASTs existed. He has never had any sort of written tenancy agreement and we do not really know what sort of verbal one other than a very low rent that we have not tried to change.
Will the Renters Rights Bill put him on the same footing as all other tenants or will he retain what I understand to be a very strong right to remain whatever happens to the property including a sale?
Many thanks in advance.
You’ll need to get legal advice on this as it’s tricky.
I am a tenant in a 3 year AST which expires in July 2027 currently has an annual break clause, the latest I can give the 2-month notice is early April 2026 (so leave June 2026) before I am effectively locked in for another year. I ideally wish to vacate the property in August 2026 as I am purchasing a house.
I understand that on 1st May, this will automatically transition in to a 2 month rolling basis (so I can break 2 months prior to my planned exit date). However, how confident can I be that these reforms will definitely become effective 1st May 2026? I fear a last minute delay that locks me in for another year and could therefore jeapordise my house purchase.
I know safe option is to give notice in April but would mean I don’t have somewhere to live for 2 months.
Hello. The tenancy reforms are definitely coming into force on 1 May. You can read the official government information sheet for tenants here. Your landlord or agent must serve this on you by 31 May.
This all means you’re not locked in for another year. The fixed term will end on 30 April. Consequently, you can serve a notice to quit at any time from 1 May, to expire at the end of a rent period. The Renters’ Rights Act gives tenants like you more flexibility, without being locked in.
Hope that helps.
Incredibly helpful, thank you!
Hello. I am a landlord and the current contract runs out June 2026. I know that it will be converted to an APT on May 1st. The current tenant wants to stay.
I may want to move back into my flat in the next six months. Do the previous 12 months that the tenant has lived there count and so can I give 4 months notice when I need to? Or does this statement from the gov’t website : ‘You will not be able to evict your tenant in the first 12 months of the tenancy if it’s because you need to move in or sell your property.’ apply from the 1st May 2026 meaning I cannot move back into my flat before the 12 months are up? I’ve researched lots of sites and cannot seem to find the answer. I’d be so grateful for any advice
Hello. This is the sort of advice I give in The Independent Landlord Hub.
Hello,
I’m asking on behalf of a friend.
He’s living in shared student accommodation (he works full time, but has student status), and his current tenancy is due to end at the end of August. He paid 2 months advance rent at the start of the year, to cover July and August, so his final rent payment is June. However, he’d like to end his tenancy early, by giving notice on 1st May to leave on 1st June (or earlier, if possible), as there’s been loads of issues that haven’t been dealt with.
Would he be able to get that advance rent back?
Yes, he can serve notice on 1 May, and he’s entitled to the advance rent back. Any trouble, just tell them to look at Section 10 of the Renters’ Rights Act: https://www.legislation.gov.uk/ukpga/2025/26/section/10/enacted
Hello
Thank you for your informative blog. This may be a daft question but I’m going to ask it anyway. I have just issued a new AST agreement to my tenants commencing the 1 April 2026 and understand that it will automatically convert into an APT after the 1 May 2026. Normally I would issue a new agreement every 12 months. At any point do I need to issue a new agreement under the new APT regulations or will that only happen if I ever have new tenants ?
No – you don’t issue a new agreement for existing tenants and if you want to increase the rent, you use section 13. Btw, this is the sort of question I answer in more detail in my membership, The Independent Landlord Hub.
Please help Suzanne – I can’t find t he answer anywhere!
We were on a 3-month short let that ended in February 2026. Agent said the tenancy would become a periodic tenancy and we only had to give one months notice to leave.
He is now saying that from 1 May we have to give them 2 months and they’re not willing to budge on this.
Surely the RRA wasn’t designed to punish tenants like this?!
Do I have to give 2 months notice from May to leave…does the 1 month notice we agreed supersede the new law.
Thank you!!
Check what your tenancy agreement says. If it says one month, it will be one month. The Renters’ Rights Act just says it can’t be more than two. In any event, why not give one month’s notice now?
If my landlord issues a valid s21 before 1st May, my understanding is that my tenancy will remain assured shorthold.
So after the 1st May, do I have to give two month notice to end my tenancy or 1?
If your landlord serves a valid s21 before 1 May and you want to leave, a tenant can leave when the 2 month period in the s21 notice expires. You don’t need to give notice yourself. Here’s more info: https://theindependentlandlord.com/section-21-transition/
Hi Suzanne,
My wife and I both own a property together do we need to put both our names on the new assured periodic tenancies if we take on new tenants after 1/5/26 as they say “if there are joint landlord, all must be listed”?
Also would we need to change/renew the existing assured shorthold tenancy agreements we have as only 1 of our names is on the agreement as landlord.
Many thanks
Hi Suzanne
Very informative, thank you.
I’m currently in a fixed term until mid 2027. We agreed there would be no raise in rent until then. Is this still valid after May 1st?
Many thanks
They’ll be able to increase the rent 52 weeks after it was last increased, so long as it’s more than 12 months since the start of the tenancy or renewal. Your fixed term will end on 1 May btw, and you’ll be able to serve notice to leave (usually 2 months, to expire at the end of a rent period)
Hello,
I am a tenant and the landlord of the house I am renting has decided to sell the house. This is because probate has completed. After the 1st of May can I draw up a contract with the landlord stating that I will leave the property on a specific date 1st August, rather than the 4 months notice?
If you want to leave on a certain date, you’ll be able to give notice to quit to end on that date. Speak to your landlord. They’ll probably be pleased to get vacant possession earlier, without having to go to court
Hi Suzanne,
Been looking online about the Renter’s Rights Transition Rule. Our Tenant’s contract ended February this year on AST 6 months term. I haven’t issued her a new one and it’s been on monthly rolling since. Should I issue her an APT?
No – it automatically became periodic in February, and is now an APT automatically as of today. Just serve the Information Sheet.
Hi Suzanne,
We have a couple of AST’s agreements that would have normally be renewed on 1st June and now they are the APT’s. With the right to rent check, that would have been carried out towards the end of May, do we still do that as normal?
It’s a continuing tenancy now, and not renewed. Only redo right to rent if it is due to expire.
Hi, my son sent his landlord a notice to quit on the 30th April giving 2 months notice from the 1st May to the 30th June (1 month earlier than the original agreement).
The wording was “we are giving 2 months notice to end our tenancy as required by law.”
The landlord say’s it isn’t valid because it was received the day before new law came into force. Is she correct?
Any advice gratefully received.
It will depend whether they were in a fixed term or not on 30 April, as the notice needed to be valid on the day it was sent.
Thanks for responding Suzanne – they were on a fixed term with calendar monthly rental periods starting on the 1st of the month. Should they have actually sent it on the 1st May?
Their tenancy agreement states that after the fixed term the notice period is 1 calendar month. Guidance on Shelter’s website seems to indicate this still applies. Can they give 1 months notice from the 1st June instead?
Again thaks so much for taking the time to respond – hopefully the answer will help others in a similar situation.
I’m sorry but I can’t give detailed advice
A a group of students signed an agreement before 1 May that starts later this year. They now want to alter this agreement to add another person. Can we amend the agreement (which has quarterly payments) or must a new agreement be issued for monthly payments.
Sorry, but I don’t answer detailed questions in the blog comments. It’s the sort of thing I answer in my membership, The Independent Landlord Hub
Hi I have an existing tenancy agreement which states I have to give 1 month notice. I gave notice on 13 May to leave end June but was told by my landlord that I now have to give 2 months notice. Is this correct
If your tenancy agreement says one month’s notice, then the tenancy agreement prevails. Here’s a link from Citizens Advice: https://www.citizensadvice.org.uk/housing/ending-a-private-tenancy/ending-your-tenancy/
Good morning. Advice, please! I am a landlord and my estate agent has charged a fee for changing the tenants’ contract from AST to APT. As this is a Govt directive and there is no paperwork to be completed, is this acceptable?
Ask hem where it states in the terms of business and their list of fees that you’ve agreed to that they can charge you for serving the information sheet. They are legally obliged to do it, and some letting agents are trying to cash in. Tell them that Openrent do it for free, even for those properties they don’t have rent collection for
Hi Susanne,
Thanks for your clarity here.
I gather an AST signed in Feb 2026 is now periodic and can be terminated with 2 months notice. I assume after that 2 month mark any unused advance rent payment must be refunded to tenant?
Yes, periodic. The notice period will be two months, unless the tenancy agreement has a shorter period. (The two months is a cap). You can read more here: https://theindependentlandlord.com/resources/property-investors-glossary/tenant-notice-to-quit/
Hi Suzanne, hoping you can help with a specific case.
My AST started 20 August 2025, fixed term to 19 August 2026. My contract has a break clause allowing me (the tenant) to give just one month’s notice, agreed in writing by both tenants and the landlord, as long as the tenancy isn’t ended before 6 months in.
I gave notice on 4 July 2026 to leave at the end of the fixed term. My letting agent says the Renters’ Rights Act now requires 2 months’ notice regardless of what my contract says, and wants to hold me liable for rent for an extra month (until mid-September) as a result.
Does my written one-month notice clause still stand under the Act, or does it fall away? If you could point to the specific legal provision that settles this, that would really help me resolve it with the agent.
Thank you so much!
Hello. I’m sorry to hear this. I answer this question specifically in this blog post here: https://theindependentlandlord.com/resources/property-investors-glossary/tenant-notice-to-quit/
I suggest you forward it to the letting agent, and tell them that Section 20 of the RRA says that the two months in the RRA is a cap, and can be less if the landlord agrees to less. Your tenancy agreement is a formal document in which your landlord is agreeing to less. The RRA does not override the notice to quit in that agreement unless the notice to quit is more than two months’ notice.
By the way, your fixed term ended on 1 May 2026, so you could have served notice then.
If your letting agent does not recognise your contractual rights, make an official complaint in writing, and if they do not concede, escalate it to their redress scheme.
Question: Can a landlord temporarily waive a Section 13 rent increase while preserving the original anniversary date?
What is the legal position where a Section 13 rent increase is due to take effect on 1 September, but before that date the landlord and tenant agree that, as a temporary concession, the increased rent will not be charged for September, October and November, and the increased rent will instead be payable from 1 December?
Assuming the written agreement makes clear that:
* the Section 13 notice remains valid;
* the rent increase is deemed to have taken effect from 1 September;
* the landlord is simply waiving collection of the additional amount for September, October and November as a temporary concession; and
* future rent increases will continue to run from the original September anniversary date;
would that preserve 1 September as the relevant date for future Section 13 increases?
Or would the fact that the tenant did not actually pay the increased rent until 1 December mean that the effective date of the increase is treated as 1 December instead?
Is the key distinction whether the agreement:
1. postpones the payment/collection of the increased rent; or
2. postpones the effective date of the rent increase itself?
This is the sort of detailed question I answer in my membership, The Independent Landlord Hub.
My tenants moved onto a monthly lease in anticipation of these changes in December 25. Does that mean that I must wait 12 months (until dec26) before I can serve them with 4 months notice as I wish to sell or do i have to wait until May 27?
Thanks
I explain the rules here (look for what is a “current tenancy”, but urge you to get legal advice: https://theindependentlandlord.com/grounds-1a-1/
Do we have any leg to Stand on now if you were on a 10 yr fixed rate contract that has a clause in it about rent review only being allowed to be looked at once the tennancy date was up? Does non of the contract even stand anymore with the new rules and they can just up the rent to market value anyway?
Yes, landlords can increase the rent now, as rent review clauses are void, but you can challenge the rent increase at the First-tier Tribunal. This blog post goes through the process: https://theindependentlandlord.com/ftt-challenge/ It’s from the landlord’s perspective, but it is useful for tenants.