Renters’ Rights FAQs – Existing Tenancies after the Act
It is less than a month until tenancy aspects of Renters’ Rights Act are implemented, with our latest webinar outlining how the changes will impact current tenancies from 1st May.
Under the Act, fixed-term assured shorthold tenancies (ASTs) will be abolished and replaced with assured periodic tenancies (APTSs) and, during the webinar, we stressed the importance of giving your tenants the new information sheet which was published by the Government last month. That sheet must be given to existing tenants before 31st May.
We also covered potential penalties for failure to comply – ranging from £7,000 to £40,000 and what rules do and don’t affect existing tenancies.
Here we shareome of your most frequently asked questions – and if you missed the webinar, you can watch it back here
Your Frequently Asked Questions
Q: If you have an agent, do both the agent and the landlord need to serve the Renter's Rights Act information sheet 2026 to the tenant?
A: If you have a managing agent, the Government's guidance states they should provide the information sheet to tenants, even if you have already served the document.
Q: Can we serve the information sheet now to our existing tenants or do we have to wait until May?
A: You are free to serve the information sheet to existing tenants now.
Q: Does every tenant have to be given the information sheet or is it only required to be served to the lead tenant?
A: Copies of the Information Sheet should be given to each tenant.
Q: If you have already served a section 21 do you still need to serve the information sheet to the tenant?
A: If the landlord started trying to regain possession before 1st May ,and it is still ongoing, the tenancy will remain an Assured Shorthold Tenancy and the Renters' Rights Act rules will not apply. This includes, where you serve a valid Section 21 notice before 1st May 2026 and it is still ongoing.
If the notice expires (latest date 31 July 2026), or the court throws out your possession claim, then the tenancy will convert to an assured periodic tenancy on that day and you will have a month from that date to provide the information sheet.
Q: If I issue a rent increase to my current tenants now, to apply after the 1st May, can this be challenged?
A: If you are increasing the rent by serving a Section 13 notice before 1st May, then that rent increase can still take effect after 1st May and it will follow the current rules, not the ones that apply from 1st May 2026.
If you are relying on a rent review clause in your tenancy instead, then the rent increase must actually take effect before 1st May 2026 to be valid. As most rent review clauses require a month’s notice that means most of these clauses cannot be used at this point.
Q: I have tenants that pay rent in advance, it is not required in the contract, and they do this completely voluntarily. Is the tenant still able to do this?
A: Once a tenancy agreement is entered into, tenants may volunteer to pay rent in advance before the rental period starts. You just can’t demand it be paid before then on new tenancies.
It is only before a tenancy is signed on or after 1st May 2026 where a landlord may not accept rent in advance under any circumstances.
Join our next webinar
Our next Renters’ Rights Act webinar will explain how to create new tenancies under the new rules, including changes to assured periodic tenancies, advertising, anti-discrimination requirements and restrictions on rent in advance, and will be held on 15th April.
The presentation will be followed by a live Q&A with the session running from 11am – 12pm.
To register for this webinar, click here
More Information
- You can read our new guidance page on existing tenancies here
- To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here.
- We have also developed an exclusive Navigator tool, offering you your personalised "to-do list” tailored to your needs, which can be accessed here.
- The NRLA's award-winning training academy runs a comprehensive Renters' Rights Act training offer. Click here to book your place.