This article is the third in a series of articles about the Renters’ Rights Act 2025. To read the full series, see the list below.
The Renters’ Rights Act 2025 (RRA 2025) introduces a major overhaul of residential tenancies in England. Almost all Assured Shorthold Tenancies (ASTs) will convert to assured periodic tenancies on 1 May 2026 excluding just a very small number set out in our article Renters’ Rights Act 2025: which tenancies are not caught?. The changes will come into force for both new (i.e. tenancies created on or after 1 May 2026) and existing tenancies (i.e. those created before 1 May 2026).
Whilst the RRA 2025 seeks to bring both new and existing tenancies into a single unified approach, some differences will remain, at least initially, between their treatment of new and existing tenancies. For those managing rural estates, it will be important to understand how to navigate these practical differences.
A few of the key differences are:
New tenancies
Written Statement of Terms
Landlords must provide tenants with a Written Statement of Terms, setting out the core terms of the tenancy.
Draft Regulations published in January 2026 set out details required. These include a range of details including; the parties, the rent increase procedure (section 13 Housing Act 1988 (‘HA 1988’) only) and an explanation that the tenant may keep a pet with landlord consent (cannot be unreasonably withheld).
Obtaining possession
Section 21 no fault evictions will be abolished from 1 May 2026.
After this date, landlords will need to rely on the revised mandatory grounds or discretionary grounds set out in Schedule 2 of the HA 1988. For many grounds, the required notice periods have increased.
Opt-out notices
Where there is an agricultural worker, landlords must serve a Form 24 notice before occupation begins to prevent an Assured Agricultural Occupancy (‘AAO’).
Rent in advance
The requirement for payments of more than one month’s rent in advance will be prohibited. However, tenants will be able to make voluntary advance payments of rent once the tenancy has started.
Existing tenancies
Information Sheet
Landlords must provide all named tenants of existing written tenancies with ‘information about changes to the tenancy’ by 31 May 2026. The government is expected to provide the template Information Sheet in March 2026.
For a verbal tenancy, the landlord must issue a full Written Statement of Terms.
Obtaining possession
Landlords can rely on a valid Section 21 notice served before 1 May 2026. A possession claim must be issued before 31 July 2026. After 1 May 2026, all existing tenancies will be caught by the new rules and landlords can only rely on the revised mandatory or discretionary grounds.
Opt-out notices
Form 9 notices to prevent the letting being an AAO, already served for existing tenancies, remain valid.
Rent in advance
Clauses which provide for rent to be paid in advance will remain enforceable.
A few practical considerations
As 1 May 2026 approaches, landlords must act swiftly to ensure that they remain compliant and ready to navigate the different rules for existing and new tenancies. Now is a sensible time to review portfolios and perhaps most importantly, consider serving any section 21 notices before time runs out.
Based on the differences between new and existing tenancies, a few key points for landlords to take away are as follows:
1. Written statement of terms
In the Written Statement of Terms, landlords may include a statement of the landlord’s wish to be able to recover possession on one or more of Grounds 1B, 2ZA to 2ZD, 4, 5 to 5H, 6A or 18 in Schedule 2. For rural employer-landlords one of the key grounds for possession will be Ground 5C (the old Ground 16). Under Ground 5C:
- the property will have been let to the tenant in consequence of the tenant’s employment; and
- either that tenant has ceased to be in that employment or the landlord seeking possession now needs to let the dwelling house to another current of future employee of the employer.
It seems that failing to provide advance notice in the written statement will not prevent a landlord from relying on one of these grounds for possession but will attract financial penalties.
2. Information sheet
Agents and landlords have the time, now, to start gathering information for the Information Sheet that must be given to tenants of existing tenancies by 31 May 2026. For landlords with huge portfolios this could be a big task to get through, so early preparation will be key.
3. Rent in advance on existing tenancies
Most AST clauses that conflict with the new rules will be unenforceable, however, as set out above, advance payment of rent for existing tenancies is an exception to this. The fact that landlords of existing tenancies will be allowed to continue receiving rent in advance is at odds with the general approach of the RRA 2025. Therefore, it may be that landlords to whom this exception applies, agree with tenants to accept only a month’s rent in advance, as this becomes the norm.
For more insights in our series on the RRA 2025 see:
Part 1: Renters’ Rights Act 2025: navigating accommodation for rural workers
Part 2: Renters’ Rights Act 2025: which tenancies are not caught?
