Renters’ Rights Act FAQs: Creating a new tenancy

From 1st May, the Renters’ Rights Act will be in force across England, meaning you have just over two months to get to grips with the changes. With our new draft assured periodic tenancy agreement released, our fortnightly series of member-exclusive webinars continued with a focus on starting new periodic tenancies. 

As ever, we had hundreds of live questions submitted by our members, eager to prepare. Whilst we weren’t able to answer all of them live, below are some of the most frequently asked questions. If you missed the webinar, you can watch the recording or check out our Renters’ Rights hub for all you need to know. 

Questions and Answers

Q: Does the NRLA have an assured periodic tenancy agreement available? 

A: Yes! We this week published our draft assured periodic tenancy agreements, with a version for standard lets, and one for student houses in multiple occupation (HMOs). 

This has been approved by our solicitors, but remains ‘draft’ as the Government regulations on what is required in tenancy agreements will not be finalised until March. However, we do not expect that there will be significant changes and have published these to assist with negotiating tenancies to start from 1st May 2026. Find out more here. 

Q: I’m negotiating with a tenant who will move into the property on or after 1st May 2026. Should I sign an assured periodic tenancy agreement with them now? 

A: The short answer is no. If you are signing a tenancy agreement now, even if the tenancy will not begin until 1st May or later, you should use an assured shorthold tenancy (AST). As the Renters’ Rights Act doesn’t come into force until 1st May, assured periodic tenancies (APTs) will not be valid until then.  

On 1st May, any existing ASTs – whether or not the tenant has moved into the property – will automatically convert to become APTs. If you are signing a tenancy now and your tenants are not moving into the property until May or later, we advise you use a periodic AST (ie without a fixed term) so that your tenants understand what they are signing up to. You can find both a periodic AST and our draft APT on our Renters’ Rights hub. 

Also remember, if you have an agreement in writing before 1 May, you will have an existing tenancy, and you will need to issue the UK Government’s statement of information to those tenants. This document is due to be published next month and must be given to tenants by 31 May. 

Q: Requiring rent in advance is banned by the Renters’ Rights Act. How should I manage the process of starting a new tenancy? 

A: It’s important that you don’t request or accept any rent in advance before the tenancy agreement is signed. Once the tenancy is signed, you can request one payment of rent in advance – and the value of this must not exceed one month’s rent. For subsequent payments, you can only require rent to be paid during the relevant rental period. 

If you are taking a holding deposit to reserve the property in line with the Tenant Fees Act, this can be put towards the first month’s (or part month’s) rent with the tenant’s consent. 

Requiring rent in advance outside of these rules will be treated as a breach of the Tenant Fees Act, with a civil penalty of up to £5,000 for a single offence and rising to up to £30,000 – or risking prosecution and an unlimited fine – for repeated offences. 

Landlords who are concerned about this change may want to consider requiring guarantors, meeting the tenant in person to check there are available funds in their account before signing, or taking out rent guarantee insurance.    

Q: Can I still take a tenancy deposit (security deposit) once the tenancy is signed but before the tenant moves in? 

A: Yes, the Renters’ Rights Act doesn’t change the rules around deposits outlined in the Tenant Fees Act. If you take a security deposit, remember to protect it within 30 days and also issue the required prescribed information to your tenant. 

Q: I have existing tenants within the property who signed an AST some time ago and are now on a periodic tenancy. Do I need to issue them with a new assured periodic tenancy agreement to comply from 1st May? 

A: No. All existing ASTs – whether in fixed terms or periodic – will automatically become assured periodic tenancies from 1st May 2026. You will need to issue to your existing tenants the Government’s statement of information on the Renters’ Rights Act by 31st May 2026. We are expecting this to be available in March. 

We have asked the Government to make clear whether this information sheet can be validly issued ahead of 1st May, or whether all landlords and agents will need to issue it between 1st May and 31st May 2026 to comply with the requirements of the Act. We will keep you updated via our website and eNews once we have confirmation. 

One thing to bear in mind is that while the Renters’ Rights Act sets out that tenants have the right to give two months’ notice to end a tenancy, this can be reduced if both tenant and landlord agree to a shorter period. You may have existing tenancies which set out a one month notice period, so make sure to be clear about what is agreed contractually. If you have any concerns about this, contact our landlord support team who will be able to advise. 

Join our next webinar

Our next webinar on 4th March will discuss ending an assured periodic tenancy. 

The presentation will be followed by a live Q&A with the session running from 11am – 12pm.   

To register click here, and if you’d like to submit any questions in advance, please email [email protected] 

More information 

• To visit our Renters' Rights Hub, packed with information and resources to help you manage the transition, click here.  

• Read more about starting a tenancy, and access both our draft assured periodic tenancy agreements and our periodic AST (for use prior to 1st May 2026 only). 

• 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.