Renters' Rights: tenancy reform Q&A

On 1 May 2026, most private tenancies become periodic assured tenancies. This means fixed term tenancies in the private rented sector will be abolished.

For most tenants, this means if they have a fixed term agreement they will automatically move to a rolling contract. Tenants won't need a break clause because they will no longer be locked into a fixed contract.

Private tenants can end their tenancy by serving a valid notice to quit (NTQ). A NTQ must be a minimum of 2 months of notice, unless the landlord or tenancy agreement provides for a shorter notice period.

The only situation where the tenant will remain an assured shorthold tenant with a fixed term is where their landlord has served a valid section 21 or section 8 notice before 1 May. The landlord can then complete possession proceedings under this notice as long as they start possession proceedings in time.

Find out more about the section 21 possession process.

For a section 21 notice to be valid it must not expire before the end of a fixed term tenancy. This does not apply where the notice is served in line with a valid break clause.

On 1 May 2026, an assured shorthold tenancy will automatically convert to a periodic assured tenancy, unless the tenant received a valid section 21 or section 8 notice before this date.

We may expect some landlords to argue that where a notice was served before 1 May but expires after this date, that the notice is valid even if it was issued and due to expire during a fixed term. This is because the fixed term will cease to exist on the 1 May when all assured shorthold tenancies automatically become periodic assured tenancies.

However, the Renters’ Rights Act does not alter the fundamental requirement that a section 21 notice must be valid at the time it is served.

Find out more about section 21 notices and what makes a section 21 notice invalid on Shelter Legal.

The Renters' Rights Act introduces new rules on the information landlords must provide to their tenants. What a landlord needs to do from 1 May depends on when the tenancy starts and whether the tenant already has a written agreement.

Tenancy started before 1 May in writing

Many private tenants already have a written tenancy agreement. Where the tenant was an assured shorthold tenant who becomes an assured tenant from 1 May 2026, the landlord must issue a government factsheet outlining key changes. This must be issued by the 31 May 2026 at the latest.

Landlords who fail to comply can be fined by the local authority up to £7000.

Tenancies created after 1 May and existing tenancies not in writing

For new assured tenancy agreements created after 1 May 2026, landlords must issue a written agreement known as a statement of terms before the tenancy is entered into.

This requirement also applies to agreements that existed before 1 May 2026 but had no written agreement. In this situation, landlords will need to issue a statement of terms by 31 May 2026 at the latest.

Landlords who fail to comply can be fined by the local authority up to £7000.

A tenant can end a periodic tenancy by serving their landlord a valid notice to quit (NTQ).

The rules for what makes a notice to quit valid are changing. But as long as the notice to quit was valid when it was served, a tenant can rely on that notice even if it was issued before 1 May and due to expire after this date.

For a notice to quit to be valid it must be in writing, provide the correct notice period and expire on the first or the last day of the tenancy period. For example, if the tenancy period starts on the 7th of the month the notice to quit must meet the minimum notice length and expire on the 6th or the 7th.

Before 1 May 2026, a notice to quit must be at least four weeks for weekly tenancy and a month for a monthly tenancy.

Under the new rules from May 2026, periodic assured tenants are required to issue a two month notice to quit to end their tenancy agreement. If the landlord agrees in writing, a tenant can issue a shorter period of no less than four weeks.

Find out more about tenant's notice to end a periodic tenancy or licence on Shelter Legal.

There are no changes to the tenancy deposit protection rules. Once the Renters' Rights Act comes into force, private landlords must continue to protect a tenancy deposit within the relevant timeframe and serve the required prescribed information.

In the event the landlord changes, the new landlord must comply with the requirements of the government approved scheme to ensure the deposit remains protected properly.

Find out more about tenancy deposit protection and tenancy deposit protection when a landlord changes on Shelter Legal.

What happens if a landlord doesn't protect a deposit

A tenant can apply for compensation where their landlord or agent has failed to comply with their obligations under the tenancy deposit protection legislation within the relevant time limits.

Find out more about sanctions on landlords for non-compliance with deposit protection rules on Shelter Legal.

Defences against possession proceedings

Failure to protect the deposit is a defence against a section 21 possession claim. Similarly, private landlords cannot evict periodic assured tenants using a section 8 notice if the deposit has not been correctly protected, with the exceptions of the antisocial behaviour grounds 7A and 14.

Under section 8 claims by private landlords on or after 1 May, the landlord can protect or return the deposit up until the date of the possession hearing. This is a change from the section 21 process where private landlords would be required to protect or return a deposit and then issue a new section 21 notice.

The fact a landlord has until the hearing date could make raising a defence difficult for tenants, because they will not know whether a failure to protect a deposit will be relevant until they're at court.

From 1 May 2026, landlords cannot accept or request more than one month’s rent in advance for a private assured tenancy before a tenancy starts.

A landlord could still ask a tenant to pay rent in advance after the tenancy starts. However, if the tenant refuses, the landlord cannot force the tenant to pay it. Any clause in a contract requiring a tenant to do this will not be enforceable.

This means that tenants who want to pay more rent up front can still agree to do this once their tenancy has started. However, a landlord cannot demand rent in advance before the tenancy is granted.

Existing agreements with rent in advance clauses

The Renters' Rights Act does not include provisions to override existing terms requiring rent in advance. The Act includes saving provisions for existing tenancies. This means, if someone signed an agreement before 1 May 2026 that genuinely says rent must be paid in advance, that clause can still be enforced.

It’s important for tenants to check the wording of their agreements if the tenancy began before 1 May 2026. Just because a landlord asked for rent upfront at the start doesn’t mean that obligation automatically applies to future payments. The agreement itself will need to expressly state that rent is to be paid in advance, for example at six monthly or 12 monthly periods.