Does the Renters' Rights Act apply to existing tenancies?
Does the Renters' Rights Act apply to existing tenancies? Yes. What changed on 1 May 2026 for tenancies signed earlier: old notices, rent rises and deadlines.
Updated 25 October 2026Checked against legislation 25 October 2026England only
Key points
- On 1 May 2026 every existing private assured tenancy in England, including every assured shorthold tenancy, became an assured periodic tenancy.
- Fixed terms in existing agreements stopped having effect, but the tenancy still counts as starting on its original start date.
- A section 21 notice served before 1 May 2026 could only be used if the claim was started by 31 July 2026.
- Existing written tenancies needed the Information Sheet by 31 May 2026; you don't have to re-issue the tenancy agreement.
- Some new rules don't reach existing tenancies, including the rent in advance limit and, for older non-shorthold tenancies, Ground 1A.
The Renters' Rights Act applies to existing tenancies as well as new ones. On 1 May 2026, every private assured tenancy in England that was already running, including every assured shorthold tenancy, became an assured periodic tenancy, and the new rules on possession, rent increases and tenants' notice started applying to it. A few rules, such as the rent in advance limit, only apply to tenancies agreed on or after 1 May 2026.
Will the Renters' Rights Bill apply to existing tenancies?
Yes. Under section 146 of the Act, every existing private assured tenancy, including assured shorthold tenancies, continued on 1 May 2026 as a "section 4A assured tenancy", which is periodic. Terms providing for a fixed term stopped having effect.
You don't need to do anything to make that happen, and GOV.UK says you don't need to change or re-issue an existing written tenancy agreement. But some one-off duties came with the switch, and most of their deadlines have passed.
These rules cover private landlords in England. Social housing tenancies move later, and Wales has its own system.
Renters' Rights Act rules for existing tenancies at a glance
| Rule | Applies to tenancies from before 1 May 2026? | Notes |
|---|---|---|
| Tenancy becomes periodic; fixed term has no effect | Yes | From 1 May 2026 |
| Section 21 abolished | Yes | Old notices only usable if the claim was started by 31 July 2026 |
| New Section 8 grounds, notice periods and Form 3A | Yes, for notices served from 1 May 2026 | Old Section 8 notices followed transitional rules |
| Ground 1A (selling) | Yes for former assured shorthold tenancies | Not available on older assured tenancies that were never shorthold |
| Rent increases only by Section 13 on Form 4A | Yes | Increases under a rent review clause before 1 May 2026 stay valid |
| Tenant's notice capped at 2 months | Yes | A tenant's notice given before 1 May 2026 stays valid |
| Pet requests: 28-day reply, no unreasonable refusal | Yes | Every private assured tenancy has the implied pet term |
| Information Sheet | Yes, for wholly or partly written tenancies | Due by 31 May 2026 |
| Written information on key terms | Only for wholly verbal tenancies | Due by 31 May 2026 |
| Prior notice of grounds in the written statement | No, for existing written tenancies | Ground 4A has its own statement, due by 31 May 2026 |
| Rent in advance limit | No | Existing arrangements can continue |
| Deposit rules extended, and possession bar | Yes for former assured shorthold tenancies | Not for older non-shorthold assured tenancies |
| Rent periods longer than a month | Yes | Converted to monthly periods |
| Penalties for the new tenancy rules | Only for conduct from 1 May 2026 | Conduct before then attracts no penalty |
What happened to the fixed term?
It stopped having effect on 1 May 2026, but the tenancy didn't start again. The Act treats a fixed-term tenancy and the periodic tenancy that followed it as one tenancy, entered into when the fixed term began.
That matters for possession grounds with time limits. On our reading of section 147, the 12-month protected period for Grounds 1 and 1A counts from the original start date, not from 1 May 2026. Whether a fresh tenancy granted to the same tenant, such as a renewal, restarts the clock is not settled. If your case turns on it, speak to a solicitor before you serve.
If a tenancy had quarterly or annual rent, it switched to monthly periods from the day after the rent period in which 1 May 2026 fell. See periodic tenancies.
Section 8 notice (Form 3A). Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
Start now · £39What happened to old section 21 and Section 8 notices?
Section 21 notices served before 1 May 2026:
- If you had already asked the court to issue the claim before 1 May 2026, the notice stays valid until those proceedings end.
- Otherwise, proceedings had to be started by the earlier of 6 months from the date the notice was given (or 4 months from the date in the notice, where more than 2 months' notice was required) and 31 July 2026.
- After 31 July 2026, no new claim can be started on an old section 21 notice, apart from rare breathing-space cases. The tenancy carries on as an assured periodic tenancy.
Section 8 notices served before 1 May 2026 stayed valid until the earlier of the notice's own 12-month limit and 31 July 2026, unless the claim was started in time. The old Form 3 rules apply only to those cases.
When an old notice stopped being valid, or a claim on it ended without a possession order, the Information Sheet became due within one month. See the Information Sheet guide. For your options now, read Section 8 on existing tenancies and what happened to the Section 21 notice.
Older assured tenancies that were never shorthold
A small number of tenancies granted before 1 May 2026 were full assured tenancies rather than assured shorthold tenancies. The commencement regulations call these legacy assured tenancies. Two rules differ:
- Ground 1A (selling) can't be used on them. Ground 1 (moving in) is still available.
- The deposit amendments don't apply to them, so the new deposit bar on possession orders doesn't apply either.
Rent increases on existing tenancies
From 1 May 2026, the only way to raise the rent is a Section 13 notice on Form 4A. The transitional rules:
- An increase under a rent review clause, or a Form 4 notice, that took effect before 1 May 2026 stays valid and starts the 52-week clock.
- An increase agreed before 1 May 2026 but taking effect after that date does not apply. GOV.UK: "the increase will not apply".
- A Form 4 notice served before 1 May 2026 continues under the old rules.
Example. A rent review clause raised Jo's rent on 1 March 2026. Her tenancy runs from the 1st of each month. The next increase can't start within 52 weeks of 1 March 2026, and it must start on the first day of a rent period, so the earliest start date is 1 March 2027. Jo's landlord must serve Form 4A at least 2 months before that, allowing time for delivery. The Section 13 date calculator checks the dates, including the 53-week rule. See also rent review clauses.
Checklist for existing tenancies
- Every named tenant on a written tenancy received the Information Sheet. If not, give it now.
- Verbal tenancies received written information on the key terms.
- Ground 4A student lets: the written statement was given by 31 May 2026, or the ground can't be used.
- Shared owners: the statement for the restricted-period exception was given by 31 May 2026.
- No rent rise is planned under a rent review clause; use Form 4A instead.
- Old section 21 notices are filed away as no longer usable.
- Deposits are protected and the prescribed information was given.
What to do next
If you need possession from an existing tenant, our Section 8 notice builder uses the tenancy's original start date to check the protected period and calculates the notice date. For the other changes, see the Renters' Rights Act hub.
Section 8 notice
Section 8 notice (Form 3A)
Pick your grounds, get every notice period and date calculated, and download a completed Form 3A with an evidence checklist and a certificate of service. Free re-draft if the form changes before you serve.
- ✓ Updated for the Renters' Rights Act 2025
- ✓ Dates and notice periods calculated
- ✓ Plain-English checks before you serve
- ✓ Download as PDF, ready to sign
Frequently asked questions
My tenant's fixed term was due to end in December 2026. What happens then?
Nothing changes on that date. The fixed term stopped having effect on 1 May 2026, so the tenancy simply continues as an assured periodic tenancy. It ends only if the tenant gives notice, the tenancy is surrendered, or you get a possession order on a Section 8 ground and it is enforced.
Do the deposit rules change for my existing tenants?
For tenancies that were assured shorthold tenancies, the deposit rules carry on, and since 1 May 2026 a protected deposit and the prescribed information are conditions of getting a possession order on most grounds. For older assured tenancies that were never shorthold, the deposit amendments don't apply.
If I re-let a property now, which rules apply?
All the new ones. A tenancy agreed on or after 1 May 2026 needs a written statement of terms before it is agreed, and the rental bidding ban, the discrimination ban and the rent in advance limits apply to finding and signing up the new tenant.
Sources
Related guides
Section 8 for tenancies that started before May 2026
Using Section 8 on existing tenancies that began before 1 May 2026: what happened to your AST, which grounds you can use, and old notices that lapsed.
The Renters' Rights Act information sheet (2026)
Who needed the Renters' Rights Act Information Sheet, the 31 May 2026 deadline, why a link isn't enough, the £7,000 fine and what to do if you missed it.
Periodic tenancies under the Renters' Rights Act
Every private tenancy in England became a periodic tenancy on 1 May 2026. What it means for fixed terms, rent periods, ending a tenancy and penalties.
Section 21 notice: abolished, what landlords use now
A section 21 notice no longer works for private landlords in England: it ended on 1 May 2026, and old notices hit a 31 July 2026 deadline. What to use now.
Rent review clauses after the Renters' Rights Act
Rent review clauses in private tenancies in England have had no effect since 1 May 2026. What it means for CPI, fixed-percentage and stepped rent clauses.
Renters' Rights Act 2025: what landlords must do now
What the Renters' Rights Act changed for landlords in England on 1 May 2026, the dates still to come, and a checklist of what you must do now.
This guide explains the law in England as it stood on 25 October 2026. It is general information, not legal advice on your situation. Wales, Scotland and Northern Ireland have different rules. See our editorial policy for how we research and check our guides.