Existing Tenancies and the Renters’ Rights Act: What Changes First in 2026

The Renters’ Rights Act introduces a phased approach to implementation, with distinct rules for new and existing tenancies. For landlords, understanding which provisions affect your current tenants immediately — versus those applying only when tenancies renew — is key to smooth, compliant portfolio management.

Immediate Changes Affecting All Tenancies

Some rules apply regardless of tenancy start date:

• Property standards – The Decent Homes Standard now applies to all tenancies, requiring minimum property conditions even for long-standing tenants.
• Discrimination protections – You cannot refuse tenants based on benefits or family status, even for tenancies predating these protections.
• Repair and maintenance rights – Existing tenants benefit from strengthened recourse if repairs aren’t addressed promptly, and protections against retaliatory eviction apply universally.

Section 21 Abolition Timeline

Section 21 no-fault evictions are being phased out entirely in 2026:

• Existing assured shorthold tenancies retain Section 21 rights temporarily.
• Transitional periods allow landlords to use Section 21 notices until defined end dates, after which possession must be sought via justified grounds such as rent arrears, personal use, or property sale.
• Preparing now ensures you’re ready to manage your portfolio as all tenancies convert under the new framework.

Fixed-Term Tenancy Conversions

• Existing fixed-term tenancies complete current terms normally.
• At expiry, tenancies automatically convert to periodic agreements, limiting landlords’ ability to insist on new fixed terms.
• Landlords must adjust management practices for rolling tenancies and plan for multiple expirations across the portfolio.

Phased Rent Increase Restrictions

• Rent increases for existing tenancies transition gradually to once-yearly limits.
• Dates vary depending on tenancy characteristics, so landlords should check official guidance for precise timelines.
• Careful documentation now prevents complications when restrictions fully apply.

Deposit Protection and Returns

• Existing tenancies remain under current deposit protection schemes.
• When tenancies end, enhanced deposit return timescales and stricter evidence requirements for deductions come into force.
• Maintaining compliant records ensures smooth transitions and avoids disputes.

Tenancy Agreement Terms

• Existing agreements remain valid, but clauses conflicting with new statutory protections are unenforceable.
• Multiple annual rent increases, shortened notice periods, or other outdated provisions will no longer hold.
• Review agreements and implement adjustments proactively.

Communicating with Existing Tenants

• Inform tenants about changes affecting them, particularly regarding fixed-term expiry, periodic tenancy conversion, and rent review processes.
• Clear communication prevents misunderstandings and reinforces professional landlord-tenant relationships.

Compliance Strategy for Mixed Portfolios

• Portfolios with both new and existing tenancies require careful tracking to ensure correct rules are applied.
• Standardising best practices across all tenancies — even where not strictly required — often simplifies management and enhances tenant satisfaction.
• Preparing now for full transition positions landlords to operate efficiently under the new framework.

Bottom Line:
The Renters’ Rights Act introduces a phased, transitional approach for existing tenancies. Landlords who understand which changes apply now, and plan for full adoption, can maintain stability, remain compliant, and position portfolios for long-term success in 2026.

Contact us for guidance on managing existing tenancies through Renters’ Rights Act transitions.