Renters' Rights Act and Existing Tenancies: What Changes

Quick answer

When the Renters' Rights Act commences, every existing assured shorthold tenancy in England becomes a periodic assured tenancy by operation of law. The fixed term simply falls away. The rent, deposit, parties, address and obligations under the agreement continue. What ends is your right to serve a Section 21 notice and your ability to raise the rent using a contractual review clause.

What has changed?

The headline change is the abolition of the assured shorthold tenancy as a category. From the appointed day, all new and existing residential lets in England are assured periodic tenancies. There is no fixed term. The tenant can leave at any point with two months' written notice. The landlord can only end the tenancy using one of the revised Section 8 grounds.

What does NOT change

• The contractual rent on the day of commencement.
• The deposit and its existing protection (DPS, MyDeposits, TDS).
• The address for service the tenant already has for you.
• The repairing obligations under Section 11 of the Landlord and Tenant Act 1985.
• The tenant's right to quiet enjoyment.
• Existing gas, electrical and EPC requirements.

What DOES change

• The legal route to end the tenancy (Section 8 only).
• The process for increasing the rent (Section 13 only, once per year, two months' notice).
• The tenant's notice period to leave (a flat two months from any date).
• The grounds you must rely on to recover possession (some new, some tightened).
• The paperwork you must hold (written statement of terms; updated How to Rent).

What landlords need to do now

1. Identify the conversion date for each tenancy

For your records, every tenancy converts on the same day — the appointed day in the commencement order. Diarise it once for the whole portfolio.

2. Decide on your rent-review timetable

Pick one anniversary date per property. The first Section 13 notice after commencement can be served as soon as 52 weeks after the last increase (or 52 weeks after the start of the tenancy, if no increase has been made). Stagger your portfolio so you are not preparing 30 notices at once.

3. Refresh your written statement of terms

Within the first month after commencement, give every tenant a written statement covering: the parties, the property, the rent and how it can be reviewed, the deposit and its scheme, the address for service, the repairing obligations, and the tenant's right to two months' notice. Smart Sleep Property's tenancy template includes a one-page statement you can drop in.

4. Audit deposits and prescribed information

Existing protections carry over. If you were already non-compliant before commencement, you remain non-compliant. The penalty exposure (one to three times the deposit) survives. Resolve any historic issues before commencement; afterwards, the lever of Section 21 to "force a tenant out and reset" is gone.

5. Brief joint tenants in writing

In joint tenancies, after conversion, any one tenant can serve notice to quit and end the entire tenancy for everyone. This is a real planning issue for HMOs and shared houses. Document who is on the tenancy and who pays what, so a single notice does not leave you scrambling for cover.

6. Update your insurance and mortgage paperwork

Most landlord policies and buy-to-let mortgages refer to "assured shorthold tenancy". Notify insurer and lender of the change in law. Most major lenders have already confirmed they will treat existing AST consents as continuing to apply to converted assured tenancies, but get the confirmation in writing.

Common mistakes to avoid

Asking tenants to sign a "new" tenancy

You do not need a new agreement. Asking the tenant to sign a fresh document risks creating a brand-new tenancy with a fresh deposit-protection clock and fresh How to Rent obligations. Issue a written statement instead.

Continuing to use a contractual rent-review clause

After commencement, a contractual rent-review clause in your old AST has no effect for raising rent. You must use Section 13. Sending a "rent review letter" based on the old clause is not a valid increase.

Treating fixed-term break clauses as still binding

Break clauses fall away with the fixed term. The tenant has a statutory two-month notice from any point; your break-clause restrictions cannot override that.

Forgetting the How to Rent guide

The latest How to Rent guide must have been given at the start of the tenancy. After commencement, an updated version is expected. Issue it with the written statement of terms to anyone whose copy is more than 12 months old.

Charging "renewal fees"

Many landlords used to charge a renewal admin fee at the end of a fixed term. There is no renewal under the new regime — the tenancy simply continues. A renewal fee would now breach the Tenant Fees Act 2019.

FAQ

Do I need to issue a new tenancy agreement to existing tenants?

No. The tenancy converts automatically. Issue a written statement of terms.

Does the rent change on the conversion date?

No. The rent on the day of commencement carries over. Any future increase must follow the Section 13 process.

Does my tenant's deposit need to be re-protected?

No. Existing protection continues. Notify your scheme of the change in tenancy type only if your scheme asks you to.

What happens to a fixed-term agreement signed last week?

It converts on the appointed day. The fixed term ends by operation of law on that date.

Can the tenant leave the day after conversion?

The tenant must serve two months' written notice. They cannot just walk out, but the notice can be served from day one.

Can I still ask for rent in advance from new tenants?

Yes, but the Act caps rent in advance at one month for new tenancies signed after commencement. Existing arrangements are not retrospectively unwound.

Will my managing agent still be able to serve notice for me?

Yes, provided you have given them written authority. Update your management agreement to reflect the new Section 8 process.

Do my existing pets clauses still apply?

A blanket no-pets ban becomes unenforceable. Tenants gain a statutory right to request a pet, which you cannot unreasonably refuse. You can require pet insurance.

Does this apply if my tenant is on Universal Credit?

Yes. The Act applies to all assured tenancies regardless of how the rent is paid.

What if I want to sell the property?

You can recover possession under the new selling ground in Section 8, with four months' notice, after 12 months of the tenancy, and with a re-letting bar.

References

• Renters' Rights Act 2025, legislation.gov.uk
• Housing Act 1988, Sections 5–13, legislation.gov.uk
• Tenant Fees Act 2019 guidance, GOV.UK
• MHCLG: How to Rent (latest edition), GOV.UK

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*Reviewed by the Smart Sleep Property Editorial Team. General information for landlords in England, with Norfolk context. Not legal advice.*