WITH the Renters Rights Act 2025 coming into force on May 1, landlords with existing assured shorthold tenancies (ASTs) face an immediate shift in legal obligations. While much attention has focused on new tenancies, the transitional arrangements for existing lets are just as important—and potentially risky if misunderstood.

Existing Tenancies Convert to the New System: From commencement, most existing ASTs governed by the Housing Act 1988 will automatically convert into periodic tenancies. This means: (a) Fixed terms will no longer operate as before (b) Tenancies will continue indefinitely unless terminated lawfully (c) Tenants can leave on notice, but landlords must rely on statutory grounds.

Landlords should therefore not assume that an existing fixed term (even one agreed shortly before May 2026) will continue to provide certainty of possession.

Section 21 – Use It or Lose It: A critical transitional issue concerns Section 21 notices already served.

• If a valid Section 21 notice expires before May 1 possession proceedings can continue under the old rules.

• If the notice expires on or after May 1 it is likely to fall within the new regime and become ineffective.

In practical terms, landlords who have already served Section 21 notices must act promptly. If proceedings are not issued in time, the opportunity to rely on the “no-fault” route will be lost.

Shift to Grounds-Based Possession: After May 1 landlords must rely on the statutory grounds for possession under the amended Housing Act 1988. This requires a change in approach:

• Record keeping becomes critical – particularly for rent arrears or breaches;

• Evidence must be robust – courts will expect proper documentation;

• Timing and procedure matter – defective notices may invalidate claims.

Landlords should review current tenancies now to identify any issues (e.g. arrears, anti-social behaviour) and ensure they are properly documented.

Compliance Requirements – A Renewed Focus: The new regime places increased emphasis on regulatory compliance. Landlords should ensure:

• Gas safety certificates, EPCs, and “How to Rent” materials are up to date;

• Deposits are correctly protected;

• Licensing requirements (where applicable) are fully complied with.

While some of these obligations already existed, the removal of Section 21 means non-compliance can no longer be sidestepped by serving notice.

Rent Reviews and Tenant Communication: Rent increases will now generally be limited to once annually via statutory notice. Landlords should: (a) Review current rent levels (b) Plan future increases carefully (c) Communicate clearly with tenants to avoid disputes.

It is also advisable to write to existing tenants explaining how their tenancy will operate under the new regime, even if no formal “information sheet” is prescribed.

Check Whether Any Exemptions Apply: Some landlords may fall within limited exemptions (for example, certain student accommodation or short-term lettings). However, most private landlords—particularly those letting standard residential properties—will be fully caught by the new regime.

The abolition of Section 21 marks a decisive shift away from flexibility towards a regulated, evidence-based system. Landlords who prepare early—by tightening compliance and record-keeping—will be best placed to navigate the transition smoothly and avoid costly mistakes.