Quick Answers
Are all fixed-term tenancies now void?
Fixed-term tenancies created on or after 1 May 2026 are not permitted. Existing fixed terms that were running on 1 May were automatically converted to assured periodic tenancies on that date. A landlord who creates a new agreement structured as a fixed term is creating a void provision — the tenancy will be treated as periodic regardless.
How does a landlord end a tenancy now?
Section 21 is repealed. The only route to possession is a valid Section 8 notice citing a prescribed ground. Some grounds are mandatory (the court must order possession if made out), others discretionary. The notice period, conditions, and court process vary by ground. There is no short-cut route.
How much notice must a tenant give?
Two months' written notice, expiring on the last day of a tenancy period. Tenants cannot give notice during the first six months of the tenancy. Beyond that they can leave at any time on two months' notice — they do not need a reason.
The position as of 1 May 2026: every private assured tenancy in England is now periodic. Existing fixed-term agreements were converted automatically. Landlords can no longer use Section 21. Possession requires a valid Section 8 notice on a prescribed ground. Rent can only be increased once per year through the Section 13 process. Tenants can give two months' notice after the first six months of the tenancy.
The compliance gap most landlords are carrying: the Tenant Information Sheet (the prescribed document landlords must give to all tenants before the Act's obligations bite) needs to have been served. Deposits that were not protected, or where prescribed information was not served within the required period, are a direct barrier to serving a valid Section 8 notice on Ground 8 (rent arrears). Landlords who are relying on their pre-May documentation without checking it against the new requirements are carrying liability they may not yet know about.
Key Takeaways
Every tenancy is now periodic — including converted ones
On 1 May 2026, every existing fixed-term tenancy in the private rented sector became an assured periodic tenancy. Landlords did not need to do anything to trigger this — it happened by operation of law. The tenancy period is determined by the rent period in the original agreement. A monthly rent agreement became a monthly periodic tenancy.
The Tenant Information Sheet is a new mandatory document
The Act requires landlords to provide tenants with a prescribed Tenant Information Sheet before certain of the Act's provisions apply. Failing to provide it does not void the tenancy, but it may affect the landlord's ability to rely on certain grounds and creates a compliance exposure. Landlords with existing tenants should confirm whether the sheet has been served — and serve it if not.
Section 21 is gone — for all tenancies, not just new ones
Section 21 was repealed for all tenancies, including those that were already running on 1 May 2026. There is no grandfathering for existing tenancies. A landlord who served a Section 21 notice before 1 May and has not yet obtained a possession order should take urgent legal advice on whether their proceedings can continue.
Deposit protection compliance is more critical than ever
An unprotected deposit, or one where prescribed information was not served, is a prerequisite barrier to most Section 8 grounds. If the deposit was not correctly protected within 30 days of receipt and prescribed information served, the landlord cannot serve a valid Section 8 notice until they have remedied the position — and they remain exposed to a penalty of one to three times the deposit amount. This is the single most common compliance failure we see.
Rent can only increase through Section 13 — once a year
A landlord cannot raise rent in a periodic tenancy simply by proposing it in a new agreement or by mutual consent outside the statutory process. The only valid route is a Section 13 notice, which must give at least one month's notice (one rental period for weekly tenancies), can only be served once every twelve months, and can be challenged by the tenant at the First-tier Tribunal if they consider the proposed rent above market rate.
Landlords have a six-month protected period at the start of a tenancy
During the first six months of a tenancy, a tenant cannot serve notice to leave. This provides landlords with a degree of security — a tenant cannot move in and leave after a month. However, it does not affect the landlord's possession rights: the landlord must still have a valid Section 8 ground regardless of how long the tenant has been in occupation.
What Changed on 1 May 2026
The Renters' Rights Act came into force on 1 May 2026 and changed the structure of private renting in England more fundamentally than any legislation since the Housing Act 1988. Here is the before and after for landlords managing residential properties.
- Fixed-term tenancies (typically 6 or 12 months) were the standard structure. At expiry, tenancies became statutory periodic unless renewed.
- Section 21 allowed landlords to recover possession without giving a reason, provided procedural requirements were met.
- Section 8 on Ground 8 (two months' arrears) was available but Section 21 was the preferred route for most landlords.
- Rent could be agreed freely in a new fixed-term agreement at renewal. No statutory process required for increases agreed by both parties.
- The statutory periodic tenancy — arising after a fixed term — ran on the same terms as the original agreement.
- Landlords who failed to protect deposits or serve prescribed information could use Section 21 once remedied (in some cases).
- Fixed-term tenancies are abolished. All new tenancies must be periodic from the outset. Existing fixed terms converted to periodic on 1 May.
- Section 21 is repealed entirely. There is no no-fault eviction route.
- Possession requires Section 8 on a prescribed ground. Grounds have been expanded and some notice periods changed.
- Rent can only be increased via Section 13 notice, once every 12 months. No unilateral increases or informal agreements outside this process.
- Tenants can give two months' notice after the first six months of the tenancy. No minimum term commitment beyond the protected period.
- Deposit protection failures and non-service of prescribed information are prerequisite barriers to valid Section 8 notices.
What Happened to Existing Tenancies on 1 May 2026
Every fixed-term tenancy that was running on 1 May 2026 became an assured periodic tenancy on that date. The conversion happened automatically — no action by either landlord or tenant was required or triggered it.
The key points about converted tenancies:
- The tenancy period mirrors the rent period. A tenancy where rent was paid monthly became a monthly periodic tenancy. A weekly rent tenancy became a weekly periodic tenancy. The terms of the original agreement (other than the fixed-term provision) continue to apply unless they are inconsistent with the Act.
- Terms inconsistent with the Act are void. Any clause in the existing agreement that purports to fix the term, restrict the tenant's right to give two months' notice, or raise rent outside the Section 13 process is unenforceable. Landlords should not assume their existing agreements still operate as written.
- Pending possession proceedings based on Section 21 notices served before 1 May 2026 are time-limited. There was a transitional provision allowing pending Section 21 proceedings to continue for a period after commencement. Landlords in this position should take immediate legal advice — the transitional window is closing if it has not already closed.
- No new agreements are needed, but reviews are strongly advised. The tenancy continues on the converted terms. Landlords do not need to issue a new tenancy agreement — but reviewing existing agreements to identify void or ineffective provisions is essential. Some terms that were valid before 1 May are now void.
Seek legal advice immediately. The transitional arrangements for pending Section 21 proceedings have strict time limits. A notice that was valid before 1 May may no longer support a possession claim. Do not assume the proceedings can simply continue — the position depends on exactly where in the process you were on commencement date.
How Possession Works Now: Section 8 Grounds
The only route to possession for a landlord is a valid Section 8 notice citing one or more grounds from Schedule 2 of the Housing Act 1988, as amended by the Renters' Rights Act. The Act expanded and restructured the grounds. The most relevant ones for landlords managing standard residential lets are:
| Ground | What It Covers — and the Notice Period |
|---|---|
| Ground 1 — Landlord intends to sell | Mandatory. The landlord intends to sell the property. Requires four months' notice. There is a restriction: a landlord cannot use Ground 1 within the first 12 months of a tenancy. After possession, there is a period during which the property cannot be re-let — serving as a check on misuse. The landlord must genuinely intend to sell; using this ground as a workaround for no-fault eviction when no actual sale is planned is an abuse of process and potentially grounds for a Rent Repayment Order. |
| Ground 1A — Landlord intends to move in (or family member) | Mandatory. The landlord or a close family member intends to occupy the property as their principal home. Requires four months' notice. Same 12-month restriction applies. The landlord must genuinely intend occupation. Subject to the same re-letting restriction after possession as Ground 1. |
| Ground 6 — Redevelopment | Mandatory. The landlord intends to demolish or substantially redevelop the property and cannot reasonably do so with the tenant in situ. Requires four months' notice. Only available where the landlord did not purchase the property after the tenant moved in (to prevent misuse by speculative purchasers). |
| Ground 8 — Rent arrears (two months) | Mandatory. At the date the notice is served and at the date of the hearing, at least two months' rent must be outstanding. Requires four weeks' notice. This is the main arrears ground — if both conditions are met, the court must grant possession. However, a landlord with an unprotected deposit or unserved prescribed information cannot serve a valid Section 8 notice on any ground until those issues are remedied. |
| Ground 10 — Rent arrears (any amount) | Discretionary. Some rent is outstanding both at notice and hearing. Two weeks' notice. The court must consider whether it is reasonable to grant possession — so this is not a reliable route if the arrears are small or if the tenant has a history of paying. |
| Ground 14 — Antisocial behaviour | Discretionary. The tenant or visitor has been guilty of conduct causing a nuisance to neighbours or is convicted of a relevant offence. No minimum notice period — proceedings can start immediately. The discretionary nature means the court weighs all circumstances. Evidence is critical. |
| Ground 17 — Tenant has given false information | Discretionary. The landlord was induced to grant the tenancy by false information given by the tenant. Two weeks' notice. Useful in fraud cases but requires demonstrable false representation. |
For a detailed guide to Section 8 after the Act — including case study analysis of how the grounds are being used in practice — see Section 8 After the Renters' Rights Act: What the First Cases Are Telling Landlords.
Rent Increases in a Periodic Tenancy
In a periodic tenancy, rent can only be increased through the Section 13 process. There is no other valid mechanism. A landlord who sends a letter proposing a rent increase, or who asks the tenant to sign a new agreement at a higher rent, is not following the correct procedure — and the increase will not be legally effective.
The Section 13 process works as follows:
- The landlord serves a prescribed Section 13 notice (Form 4, available from gov.uk) proposing the new rent
- The notice must give at least one month's notice for monthly tenancies (one tenancy period for weekly tenancies)
- The new rent cannot start until at least 12 months after the current rent was last set or increased
- The tenant can challenge the proposed rent at the First-tier Tribunal (Property Chamber) before the notice takes effect
- If challenged, the Tribunal sets a market rent — which may be higher, lower, or the same as the landlord's proposal
- If the tenant does not challenge, the new rent takes effect on the date specified in the notice
Two things landlords frequently get wrong on rent increases: serving notice with less than one month's notice before the proposed start date (which makes the notice invalid and requires it to be re-served), and proposing a rent increase sooner than 12 months after the last one (which the Tribunal will reject regardless of the market rate justification).
The Landlord Compliance Checklist
These are the items every landlord with a private residential tenancy in England should have checked and confirmed since 1 May 2026. Each one is either a direct legal obligation or a prerequisite for using Section 8 if possession ever becomes necessary.
The deposit must be held in one of the three government-approved schemes (DPS, MyDeposits, TDS). If the deposit was received more than 30 days before protection was registered, you are already in breach. Remedy it immediately — but be aware that the penalty (one to three times the deposit) is still available to the tenant even after late protection. And until the deposit is correctly protected and prescribed information served, you cannot serve a valid Section 8 notice.
Protecting the deposit is not enough. The prescribed information — the scheme's terms, the landlord's details, how to access the deposit at the end, and how to dispute deductions — must also be formally served on the tenant within 30 days of the deposit being received. This is a separate obligation from the protection itself. Many landlords protect the deposit but never serve the prescribed information document. Both are required.
The Renters' Rights Act introduced a new prescribed document — the Tenant Information Sheet — that landlords must provide to tenants. This should have been served before or at the start of the tenancy (or to existing tenants promptly after the Act came into force). Verify that it has been served and keep a record of service. The current prescribed form is available on gov.uk — check you are using the current version, not one from before the Act came into force.
Annual gas safety check required. Certificate must be provided to existing tenants within 28 days of each check and to new tenants before they move in. This was required before the Act and remains required. If the certificate has lapsed, arrange a new check immediately — this is both a safety issue and a prerequisite for a valid Section 8 notice.
The property must have a valid Energy Performance Certificate with a minimum E rating. The certificate must be provided to the tenant at the start of the tenancy. The government's Minimum Energy Efficiency Standards may increase this threshold in future — check the current position. A property with an F or G rating cannot legally be let and cannot rely on Section 8 grounds until the issue is remedied.
The current version of the government's How to Rent checklist must be provided to tenants at the start of the tenancy and whenever it is updated by the government. The guide is updated periodically — confirm you provided the version that was current when the tenancy started. If you provided an old version, re-serve the current version. This is another prerequisite for a valid Section 8 notice in most grounds.
Review the tenancy agreement against the Act. Fixed-term clauses, provisions for rent increases outside Section 13, and any terms that restrict the tenant's right to give two months' notice after six months are void and unenforceable. Identify them so you are not inadvertently relying on them — and so you can issue a compliant updated agreement if and when the tenant renews.
Smoke alarms must be installed on every floor and tested at the start of each tenancy. Carbon monoxide alarms must be installed in any room with a fixed combustion appliance (including gas boilers). This has been required since 2022 and remains required. If you cannot confirm these are in place, arrange an inspection.
Common Scenarios: What to Do Now
My tenant's fixed-term ended in March 2026 and they are still in the property
Before 1 May 2026, this tenancy would have been a statutory periodic tenancy — it had already rolled over at expiry. On 1 May 2026, it became an assured periodic tenancy under the Act. The terms of the original agreement (other than the fixed-term clause and any provisions now void under the Act) continue to apply.
What to do: confirm the deposit is protected and prescribed information was served when the deposit was received. Serve the Tenant Information Sheet if not already done. Review the original agreement for void provisions. There is no need to issue a new agreement, but the position has changed and you should document that you understand the new framework.
I want to sell my property — can I get my tenant out?
Yes, but not quickly and not without following the Section 8 Ground 1 process. You must have held the tenancy for at least 12 months before serving a Ground 1 notice. The notice period is four months. You must genuinely intend to sell — and after possession is granted, the property cannot be re-let for a defined period.
What to do: check when the tenancy started to confirm the 12-month restriction does not apply. Confirm all the prerequisite compliance documents are in order (deposit, prescribed information, gas safety, EPC, How to Rent). Instruct a solicitor to serve the Section 8 notice correctly. Do not attempt to serve the notice yourself without legal advice — errors are common and an invalid notice wastes months.
My tenant has two months' rent arrears — what do I do?
Ground 8 (mandatory two months' arrears) is available — but only if the prerequisite compliance conditions are met. If the deposit is unprotected, or prescribed information was never served, you cannot serve a valid Section 8 notice until those are remedied. Remedying a deposit protection failure does not eliminate the penalty risk, but it does unlock the ability to proceed.
What to do: check deposit protection status immediately. Confirm gas safety certificate, EPC, and How to Rent guide were provided. If everything is in order, instruct a solicitor to serve a Section 8 notice citing Ground 8 (and potentially Ground 10 as a secondary ground). The four-week notice period begins when the notice is correctly served.
I want to put my rent up — how do I do it?
You must use Section 13. You cannot agree a rent increase informally, in a letter, or by issuing a new agreement at a higher rate. Use Form 4 (the prescribed Section 13 notice), give at least one month's notice before the proposed start date, and confirm the new rent is not starting within 12 months of the last increase.
What to do: download the current Form 4 from gov.uk. Complete it accurately — errors invalidate the notice and require you to start again. Serve it in writing and keep evidence of service. Note the date the new rent will take effect. If the tenant challenges it at the Tribunal, do not panic — the Tribunal sets a market rate, which may well match your proposal.
Frequently Asked Questions
The Renters' Rights Act, which came into force on 1 May 2026, abolished fixed-term assured tenancies. New tenancies created on or after that date must be periodic from the outset. Existing fixed-term tenancies running on 1 May 2026 were automatically converted to assured periodic tenancies. The tenancy period mirrors the rent period in the original agreement.
Only by serving a valid Section 8 notice on a prescribed ground and obtaining a possession order from the court. Section 21 is repealed. There is no no-fault eviction route. The grounds available range from mandatory grounds (where the court must grant possession if the ground is made out) to discretionary grounds (where the court weighs all circumstances). Notice periods and conditions vary by ground.
Two months' written notice, expiring on the last day of a tenancy period. Tenants cannot give notice in the first six months of the tenancy. After that, they can leave on two months' notice at any time without needing to give a reason.
Not necessarily rewritten, but reviewed. Terms inconsistent with the Act — fixed-term clauses, provisions for rent increases outside Section 13, restrictions on the tenant's notice rights — are void and unenforceable. Landlords should identify void provisions so they are not inadvertently relied upon. New agreements created after 1 May 2026 should be drafted to reflect the periodic tenancy framework from the outset.
Section 21 was repealed on 1 May 2026. Any notice served on or after that date is invalid and has no legal effect. A landlord relying on a post-repeal Section 21 notice is not complying with the law and risks regulatory consequences. Landlords with pre-May notices still outstanding in live proceedings should seek immediate legal advice on their position.
Managing a rental property after the Renters' Rights Act?
The compliance landscape for private landlords has changed significantly since 1 May 2026. Neon's compliance audit covers deposit protection, prescribed information, Tenant Information Sheet, gas safety, EPC, and the full Section 8 prerequisite checklist — so you know exactly where you stand before a problem surfaces. At £88, deductible from the first month's management fee if you instruct us within 30 days.
Book a compliance audit — £88 →