Your Tenancy Agreement Has Changed - A Complete Guide for England Landlords

Published: May 2026 | Reading time: 8 minutes | Category: Renters’ Rights Act

On 1st May 2026, every assured shorthold tenancy in England changed — automatically, overnight, without any action required from you or your tenant.

The legal name changed, the default rules changed, and several clauses in your existing agreement ceased to have effect or became unenforceable because they conflict with the new statutory framework. This is not a one-off administrative task. It is the new permanent framework you are operating under, and this guide explains exactly what it means for your existing tenancies, your new lettings, and every agreement you sign from here onwards.

Important: This article covers England only

The Renters’ Rights Act applies to England only. Scotland abolished no-fault evictions in December 2017 under the Private Residential Tenancy. Wales introduced equivalent reforms under the Renting Homes (Wales) Act in December 2022. Northern Ireland has not enacted equivalent legislation. If you let property outside England, check the relevant devolved framework.

Key takeaways (read this first)

Automatic conversion: All ASTs in England converted to Assured Periodic Tenancies on 1 May 2026. You did not need to reissue contracts for existing written tenancies – but several clauses were overridden by the new statutory framework.
Clauses overridden by the Act: Fixed term dates, contractual rent review clauses (CPI/RPI etc), and landlord break clauses no longer operate as originally drafted and are replaced by the statutory framework.
New tenancies require a Written Statement: For every new letting from 1 May 2026, you must provide a Written Statement of Terms to the tenant before they sign. Missing this is a fine of up to £7,000.
Verbal tenancies – act now: If you have a tenant with no written agreement and have not yet served a Written Statement of Terms, you are in breach. Act immediately.
No fixed terms, ever again: You cannot grant a fixed-term tenancy. All new lettings are periodic from day one. Fixed-term provisions should be removed from all new tenancy templates as they no longer comply with the statutory framework.
Tenant notice – two months from day one: Your tenant can give notice to leave at any time with two months’ written notice, including on day one of the tenancy. There is no minimum term.
Rent in advance – new rule for new tenancies: For new lettings, you cannot require rent in advance before the tenancy agreement is signed. After signing, one month maximum. Existing pre-May tenancies with advance rent clauses keep those terms.

Part 1 - What Changed on 1st May 2026 and Why It Matters

The end of Assured Shorthold Tenancies

The Assured Shorthold Tenancy – the standard letting contract used in England since 1997, no longer exists. It was abolished by the Renters’ Rights Act on 1 May 2026. Every AST, whether in a fixed term or already periodic, automatically became an Assured Periodic Tenancy (APT) on that date. The word ‘shorthold’ has been removed from the legal framework entirely.

The practical effect is that all tenancies are now open-ended and rolling. There are no fixed terms. There are no end dates. The tenancy continues until either the landlord obtains a court order for possession (using one of the statutory grounds under Section 8), or the tenant serves two months’ written notice to leave.

What did and did not change for existing tenancies

If you had a written tenancy agreement in place before 1st May 2026, you did not need to reissue it or ask your tenant to sign anything new. The existing contract continues, but with several clauses overridden by statute. The tenancy framework changes; the contractual relationship does not need to be rebuilt.

Important note on “existing tenancy”: The Act defines an existing tenancy as one where the agreement was signed by both parties before 1 May 2026, regardless of when the tenant actually moved in. If you signed an agreement in March 2026 for a tenancy starting in June 2026, that is an existing tenancy and follows the transition rules, not the new tenancy rules. The trigger is the signing date, not the start date.

The table below shows which clauses survive and which do not:

Clause type

Status from 1st May 2026

What replaces it

Fixed term dates

OVERRIDDEN BY STATUTE

Tenancy becomes periodic, rolling monthly

Contractual rent review (CPI/RPI/agreed %)

OVERRIDDEN BY STATUTE

Section 13 / Form 4A process only – once per 52 weeks

Landlord break clause

OVERRIDDEN BY STATUTE

Section 8 possession grounds only

Blanket no-pets clause

OVERRIDDEN BY STATUTE

Tenant has right to request; landlord may refuse on reasonable grounds only

Rent in advance clause (pre-May tenancies)

SURVIVES – grandfathered

Existing advance rent arrangements continue for the life of that tenancy

Tenancy deposit terms

SURVIVES

No change – existing deposit protection rules continue

Maintenance and repair obligations

SURVIVES

No change

Most other contractual terms

SURVIVE

Continue to apply unless they contradict the Act

Before You Continue - Download the 2026 Landlord Deadline Timeline

The Renters’ Rights Act introduced multiple new deadlines, transition dates and compliance obligations. Download the free printable timeline and keep every key landlord date in one place.

Takes 30 seconds. Instant download. Free PDF.

Part 2 - New Lettings: What Every New Tenancy Must Now Include

The Written Statement of Terms – your new pre-signing obligation

For every new tenancy you grant from 1st May 2026, you must provide the tenant with a Written Statement of Terms before they sign the tenancy agreement. This is a legal requirement under Section 12 of the Renters’ Rights Act, and failure to comply carries a fine of up to £7,000.

The Written Statement can be included within the tenancy agreement itself, which is what most landlords will do and the most practical approach, or provided as a separate document alongside it. Either satisfies the legal requirement. What matters is that the tenant has the information before they sign. If you use a separate document, your tenancy agreement still needs to cover the basic contractual terms – the Written Statement covers the prescribed statutory information, not the full tenancy contract.

What the Written Statement must contain

The government confirmed the required contents in the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026, laid before parliament on 20th March 2026. The prescribed information covers 22 items. Most are standard details already in professional tenancy agreements, but several are new requirements that older templates will be missing.

WHAT MUST BE IN EVERY NEW TENANCY AGREEMENT FROM 1st MAY 2026

Standard items (likely already in your agreement):

Full names of all landlords and all tenants
Landlord’s address in England or Wales for service of notices
Property address
Date from which the tenant is entitled to possession
Rent amount and payment dates
Deposit amount (if applicable) and confirmation of protection scheme
Tenant’s minimum notice period to quit (two months, or shorter if agreed)
Utility and bill arrangements – whether included in rent or paid separately

New items your existing template almost certainly lacks:

Pet rights statement: A clause confirming the tenant’s right to request a pet and that consent will not be unreasonably withheld – see: Pets, Benefits and Children for how the pet request process works
Rent increase statement: A statement confirming that any rent increase will be notified via Section 13 of the Housing Act 1988
Security of tenure statement: Confirmation that the landlord may only end the tenancy by obtaining a court possession order and must first serve a prescribed Section 8 notice
Gas safety obligations: Where gas is present – a statement of the landlord’s statutory gas safety duties
Equality Act disability improvements: A statement that the landlord must not unreasonably refuse consent for disability-related improvements under Section 190 of the Equality Act 2010

DO NOT USE OLD TEMPLATES FOR NEW LETTINGS

Even professionally drafted AST templates from before May 2026 will be missing the new prescribed items, particularly the pet rights statement, the security of tenure statement, and the Equality Act clause. Using an outdated template for a new letting does not just create an incomplete agreement. It exposes you to a £7,000 fine for failure to provide a compliant Written Statement of Terms.

Use an NRLA-approved template, a specialist landlord solicitor, or a letting agent with an updated agreement. Whatever source you use, confirm it was updated for the Renters’ Rights Act 2025 and the March 2026 final regulations.

No fixed terms – ever

You cannot grant a tenancy for a fixed term. All new tenancies are periodic from day one, rolling monthly, continuing indefinitely until possession is obtained via Section 8 or the tenant gives notice to leave. There is no minimum tenancy period.

Any purported fixed term in a new tenancy agreement has no legal effect. Landlords should remove fixed-term provisions from their templates entirely. Continuing to use outdated agreements that do not comply with the new statutory requirements may expose a landlord to enforcement action and civil penalties. Remove fixed term clauses from your templates entirely.

Rent in advance – the new rule for new lettings

For any new tenancy entered into on or after 1st May 2026, you cannot ask for or accept rent before the tenancy agreement is signed. Once the agreement is signed, you can require one month’s rent in advance, and that is the maximum. Any clause requiring more than one month’s advance rent is void.

Existing tenancies are not affected. If you had a tenancy in place before 1st May 2026 that contained an advance rent clause, for example, requiring quarterly or six-monthly payment – that clause remains valid and enforceable for the life of that specific tenancy. The restriction applies to new agreements only.

This rule does not affect the deposit. A tenancy deposit can still be collected in full before or at the start of the tenancy – the advance rent restriction and deposit rules are entirely separate. The deposit limit under the Tenant Fees Act 2019 (five weeks’ rent for annual rent under £50,000) is unchanged.

Tenant notice – two months from day one

Under the new framework, your tenant can leave at any time by giving two months’ written notice, including from the very first day of the tenancy. There is no minimum term, no lock-in period, and no ability to contractually require a longer notice period than two months. You can agree a shorter notice period in the tenancy agreement, for example, one month, and that will apply instead. Any provision requiring the tenant to give more than two months’ notice is overridden by statute.

The practical implication is clear: void periods become your primary risk, not tenants leaving mid-fixed-term. Good tenant selection, fast re-letting processes, and proactive relationship management matter more than they did under the old fixed-term model.

Part 3 - If You Have a Verbal Tenancy Agreement

This section applies to you if your tenant has no written agreement at all, not even an email exchange setting out the basic terms. If you have a written agreement, even a basic one, skip to Part 4.

For wholly verbal tenancies that converted to APTs on 1 May 2026, the written information sheet is not sufficient. You are required to provide a full Written Statement of Terms, containing all the prescribed items listed in Part 2 – by 31 May 2026. The fine for failing to do this is up to £7,000.

IF YOU HAVE A VERBAL TENANCY AND HAVE NOT YET SERVED A WRITTEN STATEMENT

The 31st May 2026 deadline has passed. You may be in breach and potentially exposed to a civil penalty if a compliant Written Statement of Terms has not been provided. The correct step is to serve the Written Statement of Terms now, immediately, even though it is late. Late compliance does not eliminate liability, but it reduces your exposure if enforcement action is taken. Do not continue without a written agreement in place.

Use the NRLA’s Assured Periodic Tenancy template or an equivalent compliant document
Ensure it contains all the prescribed items set out in Part 2 of this article
Serve it on the tenant and obtain written acknowledgement of receipt

Keep the evidence of service permanently – this is your defence if a penalty is issued

Part 4 - The Government Information Sheet: What Existing Tenants Needed to Receive

If you had a written tenancy agreement in place before 1 May 2026, you were required to provide the government-produced Information Sheet to your tenant by 31st May 2026. This document, published by the government on GOV.UK on 20th March 2026, explains the key changes the Renters’ Rights Act makes to your tenant’s rights and your obligations. It is not a new tenancy agreement. It is a standardised notification document that must be served in its exact published form – it cannot be altered or summarised.

For the full detail on the Information Sheet, what it contains, how to serve it, and what happens if you missed the deadline, see The Government Information Sheet, What It Is and How to Send It.

Part 5 - Running Your Tenancies Day to Day Under the New Framework

Rent increases – Section 13 only, every time

The contractual rent review clause in your old agreement is overridden by the statutory rent increase process. The only lawful way to increase rent is via Section 13 of the Housing Act 1988, using Form 4A, giving two months’ minimum notice, no more than once per 52 weeks. Any other mechanism, informal agreement, contractual clause, or anything else, is unlawful from 1st May 2026 onwards. See: How to Increase Your Rent Legally for the full process.

The 12-month protected period – what you cannot do in year one

This is one of the most important practical constraints under the new framework, and one that catches landlords out.

For the first 12 months of any tenancy, whether a brand new letting or an existing tenancy that converted on 1st May 2026, you cannot serve a possession notice using Ground 1 (landlord or family member wishes to occupy) or Ground 1A (landlord wishes to sell the property). These grounds are simply unavailable during the protected period, regardless of your circumstances.

HOW THE 12-MONTH PROTECTED PERIOD WORKS

New tenancies (from 1st May 2026): The protected period runs from the tenancy start date. You cannot use Ground 1 or Ground 1A until month 13.

Existing tenancies (converted on 1st May 2026): The protected period runs from the conversion date of 1 May 2026, regardless of how long the tenant has been in the property. This means the earliest you can serve a Ground 1 or Ground 1A notice on an existing tenancy is May 2027.

Notice periods for Ground 1A (sale): Once the protected period has passed, you must give four months’ notice before you can seek possession to sell. The date that notice period expires cannot fall within the first 12 months of the tenancy.

Re-letting restriction: If you obtain possession under Ground 1A, you are prohibited from re-letting or marketing the property for re-letting for a restricted period of at least 16 months from the date notice is served. This is designed to prevent misuse of the selling ground.

The practical message is straightforward: if you think you might need to sell or move into your property within the next year, factor this into your tenant selection decision now. Once a tenancy is in place, you are committed to the protected period.

Ending the tenancy – Section 8 only, every time

Section 21 is abolished. You cannot end a tenancy without grounds. Every possession claim now goes through Section 8, which requires you to serve a prescribed Section 8 notice (Form 3A from 1st May 2026), specify the legal ground you are relying on, give the correct notice period for that ground, and, if the tenant does not leave, issue court proceedings. Allow 6 to 9 months for a contested possession claim to resolve. See: Section 8 Explained for the complete guide.

Deposit protection – no change, but more important than ever

The deposit protection rules under the Housing Act 2004 are unchanged. You must protect the deposit in a government-approved scheme within 30 days of receipt and serve the prescribed information on the tenant. This has always been the case, but it is worth emphasising under the new regime because a failure to protect the deposit properly will block your ability to obtain a possession order under certain Section 8 grounds. With no Section 21 fallback, a deposit compliance failure is a more serious problem than it was before.

Document everything – your possession case depends on it

Under the old Section 21 regime, the eviction process was relatively mechanical: serve the notice, wait, go to court. Under Section 8, evidence is everything. Rent arrears claims need a clear rent payment record. Anti-social behaviour claims need documented complaints and your responses. Ground 1A (selling) requires evidence of genuine intent to sell.

The practical habit to build is this: for every tenancy, maintain a permanent file containing your signed agreement, the deposit protection certificate and prescribed information receipt, a full rent payment history, inspection records, repair communications, and any tenancy breach correspondence. If you ever need to pursue possession through Section 8, this file is your case.

TRANSITION TASKS - IF YOU HAVE NOT TICKED THESE OFF YET

These are the foundational steps from the 1st May transition. If you completed them before or shortly after commencement, skip this box.

Information sheet served (written tenancies): The government information sheet must have been provided to all existing tenants with a written agreement by 31st May 2026. If you have not done this, serve it now and keep proof of service.
Written Statement served (verbal tenancies): If any of your tenancies had no written agreement, you must have served a full Written Statement of Terms by 31st May 2026. If you have not, serve one now – immediately.
Tenancy templates updated: Every template you use for new lettings must include all the prescribed items in the Written Statement of Terms. Update or replace any template that predates May 2026.
Fixed term and break clauses removed from templates: Remove these entirely. They have no legal effect and their inclusion in a new agreement could constitute a breach.
Contractual rent review clauses removed: Any CPI, RPI, or agreed percentage review clause must be removed from your standard templates.
Records audit: Confirm you have signed agreements, deposit protection certificates, prescribed information receipts, and a full rent payment history for every tenancy. You will need this evidence if you ever need to pursue possession through Section 8.

YOUR ACTION LIST - DO THESE IN ORDER

Every new letting: use a compliant Assured Periodic Tenancy agreement that contains all the Written Statement of Terms prescribed items. Provide it to the tenant before they sign. Never use a pre-May AST template for a new letting.
If you have a verbal tenancy with no Written Statement served: act immediately. Serve a Written Statement of Terms containing all the prescribed items. Obtain written acknowledgement of receipt and keep it permanently, you are in breach until this is done.
Every new letting: do not request or accept any rent before the tenancy agreement is signed. After signing, one month’s rent in advance is the maximum you can require. The deposit is separate and unaffected.
Check your protected period position: for every tenancy – new or existing – confirm when the 12-month protected period expires. Do not serve a Ground 1 or Ground 1A notice before month 13. For existing tenancies that converted on 1st May 2026, the earliest you can serve these notices is May 2027.
Every rent increase: use Section 13 / Form 4A only. Two months’ minimum notice. No more than once per 52 weeks. Your old contractual rent review clause has no legal effect. See How to Increase Your Rent Legally.
Every possession claim: use Section 8 / Form 3A. Identify the correct ground, give the correct notice period, and ensure your evidence file is complete before you serve notice. See Section 8 Explained.
Every deposit received: protect it in a government-approved scheme within 30 days and serve the prescribed information on the tenant. Keep the protection certificate. A failure here will complicate any future possession claim.
Maintain a permanent evidence file for each tenancy: signed agreement, deposit protection certificate and prescribed information, rent payment record, inspection notes, and all correspondence. Your Section 8 possession case depends on this file.
At every new letting: confirm your template is still current, the regulations governing Written Statement content can be updated by secondary legislation. Check against the latest NRLA or MHCLG guidance at least annually.

Frequently Asked Questions

Do I need to replace all my tenancy agreements?
No. Existing written tenancy agreements continue automatically, although some provisions are overridden by the Renters’ Rights Act.

Can I still use my old AST template?
Not for new lettings. Most pre-May 2026 AST templates will be missing required Written Statement information and should be replaced with a compliant Assured Periodic Tenancy agreement.

What happens if my tenant refuses to sign a new agreement?
For existing tenancies, a new agreement is generally not required because the tenancy converted automatically on 1st May 2026.

Can a tenant leave after only two months?
Yes. A tenant can give two months’ written notice at any point during the tenancy, including from the first day.

What happens to tenancies that started before 1st May 2026?
They automatically converted into Assured Periodic Tenancies on 1st May 2026 and continue under the transition arrangements.

Get the full landlord compliance toolkit

The 1st May 2026 Landlord Compliance Toolkit includes an updated Assured Periodic Tenancy template with all the new prescribed items built in, plus a Written Statement of Terms checklist and the full 40-point compliance checklist for the Renters’ Rights Act.

40-point compliance checklist
Information sheet delivery log
Section 8 quick reference guide
Rent increase letter template
Pet request response templates
Key landlord deadlines calendar

Instant access. Download and use today.

A NOTE ON THIS ARTICLE

This article is guidance only and not formal legal advice. The Landlord Brief aims to translate complex legislation into plain English – but every landlord’s situation is different.

If you have tenants in rent arrears, a possession case in progress, or a complex tenancy arrangement, we strongly recommend speaking to a specialist landlord solicitor before acting.