Renters’ Rights Act: Key questions answered ahead of May 2026

With the first phase of the Renters’ Rights Act to be introduced on 1st May next year, landlords across England are preparing for the most significant regulatory shift in decades.

While we have now been given some dates as to when different aspects of the new rules will come into force, there is still a lack of clarity on many issues when it comes to what the new regime will mean in practice.  

Following on from our first FAQs round-up, we're looking at some of the popular questions submitted during our member-only webinar earlier this week.

We received hundreds of questions, particularly around rent increases, possession, advertising requirements and pets, highlighting the scale of the changes and the need for clear, simple guidance on how the new system will work.  

What happens to existing tenancies? Will current clauses still apply? 

All existing Assured Shorthold Tenancies (ASTs) will convert to the new tenancy structure on 1st May 2026. Once this happens: 

• Section 21 will be abolished, and no new Section 21 notices can be served. 

• Tenancies will automatically become periodic (open-ended). 

• Existing contractual clauses will remain valid unless they conflict with the provisions of the Act. For example, any rent increase clause will be invalidated.  

The key point is that the tenancy itself continues, but the legal framework governing it changes. 

What happens to fixed term ASTs agreed or renewed before 1st May 2026?  

Even if you agree or renew a fixed term tenancy shortly before commencement, on 1st May 2026 it will convert to the new periodic model.  

Can I still increase the rent once the new regime starts? 

One of the most common queries, particularly given concerns around First-tier Tribunal (FTT) capacity, is how rent increases will work under the new regime. 

Until the Act comes into force on 1st May 2026, the existing rules remain in place. However, once the new system is in force, all rent increases will need to be agreed via a Section 13 notice, with a full 12 months passing between rent increases.  

Can I serve a Section 13 notice before the Act comes into force? 

Section 13 is available now. You can find out exactly how and when you can serve a rent increase notice in our rent increase guidance.  

Can I advertise a property as “no pets”? 

No. Under the Renters' Rights Act, blanket bans on pets in advertising will not be permitted. 

While landlords will be able to refuse a request on 'reasonable grounds', you will no longer be able to state “no pets” up front when marketing a property. 

Similarly, other exclusionary wording will be restricted, and all advertising must comply with the new fairness and transparency requirements. 

Guidance published by the Government this week suggests that refusing a pet request where another tenant has an allergy or the property is too small for a large or multiple pets will be considered acceptable.

Refusing a request because you think it may affect future rentals will not be considered reasonable.   

How will I regain possession once Section 21 is abolished?  

Once Section 21 is removed, landlords will need to rely on the expanded Section 8 grounds for possession. These include grounds relating to: 

• Selling the property 

• Moving in themselves or a close family member 

• Redevelopment 

• Serious rent arrears or breach of tenancy. 

You can find out how and when to use Section 8 on our Renters' Rights Act hub.  

Can I still sell my property with tenants in situ? 

Yes. You will still be able to sell a property with sitting tenants, just as you can now. Your buyer would simply take on the tenancy under the new Renters' Rights Act rules.

There is a new ground for possession where a landlord wishes to sell a property (Ground 1A), which will enable you to serve four months’ notice to gain possession.  

What practical steps should I take now? 

While the start date is now confirmed, we still need to see more detail in the form of secondary legislation before we can confirm things like wording in new agreements. Nevertheless, you can begin preparing by: 

• Reviewing tenancy agreements 

• Ensuring clauses do not contradict the upcoming regime. 

• Checking your record-keeping - as clear evidence of communication, rent collection, repairs, and inspections will matter more when possession claims rely on Section 8 grounds. 

• Budgeting for longer-term tenants, as the new default periodic arrangements mean tenants will have increased security. 

• Getting ready for the new rent increase process 

• Making sure you understand the timing and notice requirements. 

• Staying updated by following us and socal media sites and making sure you are signed up for our regular enewsletters

The Renters’ Rights Act represents one of the most significant changes in the private rented sector for decades. While the transition will require adjustment, landlords who understand the new system early will be in the best position to manage their properties confidently and compliantly from May 2026 onwards. 

We will continue to provide webinars, training, and detailed written guidance to support you through every stage of implementation. You can register for our next webinar here.