Insights
Will the Renters’ Rights Act Apply to Existing Tenancies?
by Oakheart
Does the Renters' Right Act apply to existing tenancies in 2026?
Yes, it is intended to apply to existing tenancies in the private rented sector in England.
The reforms are designed to avoid a “two system” rental market. That means most landlords and tenants should expect their current tenancy to be brought into the new framework when the relevant parts of the Act commence.
When will the Renters Reform Bill become law?
The key commencement date for the first phase of tenancy reform is:
1 May 2026
From 1 May 2026, the tenancy reforms under the Renters’ Rights Act 2025 are due to come into force. This is also the point at which Section 21 is removed for existing and new tenancies under the new system.
It is worth noting that not every measure in the Act begins on the same day. Government guidance confirms some parts are phased, with further implementation stages to follow.
What happens to my current fixed-term tenancy?
From the commencement date, the direction of travel is clear: fixed-term assured shorthold tenancies (ASTs) are replaced by open-ended periodic tenancies under the reformed system.
In practical terms, that means:
- Your tenancy will no longer rely on a fixed end date to “finish”.
- Tenants will keep the right to leave by giving notice.
- Landlords will need to use valid legal grounds to regain possession, rather than ending a tenancy without a reason.
Do landlords need to reissue tenancy agreements for existing tenants?
In most cases, no.
Official government messaging explains that existing written agreements generally do not need to be reissued. Instead, landlords must provide a government-produced information sheet explaining what the new rules mean for the tenancy.
When will the information sheet be available and when must it be sent?
The government says it plans to publish the information sheet in March 2026, and landlords must send it to existing tenants on or before 31 May 2026.
What if the tenancy is purely verbal?
If your current tenancy is based entirely on a verbal agreement, landlords will need to provide the tenant with a written record of specific terms instead of the information sheet.
What happens to Section 21 for existing tenancies?
This is one of the most important parts for both landlords and tenants.
Can a landlord serve a Section 21 notice after 1 May 2026?
No. From 1 May 2026, Section 21 is removed for existing and new tenancies under the new system.
What if a Section 21 notice is served before 1 May 2026?
If a landlord serves a Section 21 notice before 1 May 2026, they may still be able to use it to start court proceedings after that date, but only within a limited window.
GOV.UK guidance states that on or after 1 May 2026 the notice can only be used to start court proceedings up to and including whichever comes first:
- 6 months after the notice was given, or
- 31 July 2026
This deadline catches people out, especially if a notice is served close to the changeover.
How will rent increases work for existing tenancies?
Under government guidance, rent increases in the new system are expected to follow a clearer process:
- Landlords can increase rent once per year
- Increases must be made using the Section 13 notice process
- Tenants must be given at least two months’ notice
Guidance also indicates that rent increases by other means, including rent review clauses, will not be permitted under the new approach.
Tenants will also retain the ability to challenge above-market rent increases through the relevant tribunal process.
Will the Act change anything else for existing tenants and landlords?
Yes, but not every reform is “day one”. Depending on the measure and the phase-in timeline, landlords and tenants should also keep an eye on reforms linked to:
- stronger standards and enforcement expectations
- rules designed to reduce discrimination in the renting process
- pet request rules (landlords must not unreasonably refuse)
- new redress and sector oversight arrangements
If you are planning ahead for 2026, it is worth treating this as a compliance refresh, not just a “tenancy type change”.
What should landlords do now if they have existing tenancies?
Here is the practical approach we recommend:
1) Get your paperwork and compliance in order
Make sure your tenancy documents, prescribed information and records are complete and easy to access. Transitional rules are time sensitive, especially around possession.
2) Prepare for the information sheet deadline
Build a reminder for March 2026 (when the sheet is expected) and 31 May 2026 (when it must be sent).
3) Review your rent review process
If you currently rely on a rent review clause, plan how you will manage annual increases under the Section 13 route.
4) Think carefully about possession plans
If you may need possession this year, take advice early. If you are considering serving a Section 21 notice before the change, be very clear on the post-1 May deadlines for starting proceedings.
If you want support reviewing your tenancy position, our team can help you understand what the changes mean in practice and keep things compliant. See Oakheart Lettings to learn more.
What should tenants do if they are already renting?
If you are a tenant, the most helpful steps are:
- Keep a copy of your tenancy agreement and any renewal paperwork
- Save key emails and messages, especially around rent changes and repairs
- If you receive an eviction notice, check the date and get advice quickly, because the rules and deadlines depend heavily on timing
- Watch for the government information sheet in spring 2026, as it should clearly outline what has changed
How can Oakheart help?
Whether you are a landlord looking for a smoother, compliant way to manage your portfolio, or a tenant needing clarity on what a notice means, having the right guidance early can save time and stress.
We support landlords across Essex and Suffolk with marketing, tenancy set-up, compliance, rent collection and full property management. If you would like to talk through your next steps, you can reach us via our contact page.
