The Renters’ Rights Act 2025 represents one of the most significant changes to the private rented sector in decades. While much of the focus has been on new lettings, the Act has equally important implications for existing assured and assured shorthold tenancies.
From 1 May 2026, the majority of existing tenancies will automatically transition into the new regime. Landlords who fail to understand — or act on — these changes risk financial penalties and difficulties regaining possession.
This article explains how the Act affects existing tenancies, what paperwork must be served, and the key deadlines landlords need to meet.
Do the new rules apply to existing tenancies?
Yes. The Renters’ Rights Act applies to existing tenancies as well as new tenancies.
Most existing assured and assured shorthold tenancies will convert into assured periodic tenancies on 1 May 2026, which is referred to in the legislation as the commencement date.
From that date:
- fixed terms will fall away,
- section 21 “no‑fault” eviction notices will generally no longer be available, and
- new rules on rent increases and possession will apply.
What counts as an “existing tenancy”?
An existing tenancy is any assured or assured shorthold tenancy entered into before 1 May 2026, and includes tenancies that were signed before that date even if the tenant moves in afterwards.
Arrangements outside the scope of the Act, include
- lodger agreements,
- company lets,
- tenancies where the property is not the tenant’s main home, and
- resident landlord situations
- tenancies with a rent over £100,000
When does an existing tenancy not convert on 1 May 2026?
There is a limited but important exception that if, before 1 May 2026, a landlord has served a valid section 21 notice or a valid section 8 notice and possession proceedings are still ongoing, the tenancy does not convert at that point.
Instead, the tenancy remains an assured shorthold tenancy until the possession proceedings have concluded. This is part of the Act’s transitional arrangements for possession claims.
If a valid section 21 notice was served before 1 May 2026, possession proceedings must be issued within one year or by 31 July 2026 (whichever is earlier), otherwise landlords will lose the ability to rely on it.
Do landlords need to issue a new tenancy agreement?
No. Existing tenancies convert automatically. Landlords do not need to grant a new tenancy, issue a replacement agreement, or renegotiate existing terms.
However, landlords must provide prescribed written information to tenants — and strict deadlines apply.
What paperwork must be provided to existing tenants?
Within one month of the commencement date, landlords must give every tenant on an assured periodic tenancy one of the following:
- The Government’s official “Information Sheet for existing tenancies” (where the tenancy is wholly or partly in writing), or
- A written statement of the key terms of the tenancy (where the tenancy is entirely oral).
What is the deadline?
For most tenancies, the deadline will be 31 May 2026.
If a valid possession notice was served before 1 May 2026 and the tenancy has not yet converted, the deadline will be calculated by reference to the delayed commencement date instead
The Information Sheet
Landlords should note the following:
The Information Sheet is only valid if downloaded directly from the Government’s official source which can be found here https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026
Landlords should not simply send a link — the document itself must be provided to each tenant.
Where a managing agent is appointed, Government guidance indicates the agent should serve the document even if the landlord has already done so.
Service must comply with the tenancy’s notice provisions; if email service is not permitted, hard‑copy service is recommended.
Landlords should retain clear evidence of service in case of enforcement action
Penalties for failing to comply
This is not a procedural formality. Enforcement is significant.
Failure to provide the required documentation on time may result in:
- a civil penalty of up to £7,000 for a first offence, and
- up to £40,000 for repeated or ongoing non‑compliance
Prohibition on rental bidding wars
Listings must state the maximum rent the landlord is willing to accept.
Landlords may not accept offers above that figure.
Breach can lead to financial penalties.
Final thoughts
The conversion of existing tenancies is automatic, but compliance is not optional.
Landlords who take early action will minimise risk and ensure a smooth transition into the new regime. Those who miss the paperwork deadlines may face substantial financial penalties and procedural difficulties later on.
If you require advice on:
- transitional possession claims,
- serving compliant documentation, or
- preparing for assured periodic tenancies under the Renters’ Rights Act,
our property litigation team will be happy to assist.
Please call 01372 750100 or email enquiries@wellerslawgroup.com
