To update a tenancy agreement for the Renters’ Rights Act, remove or neutralise fixed terms, break clauses, Section 21 wording, rent review clauses, rent periods over a month and rent in advance terms. For existing written tenancies, the government information sheet was due by 31 May 2026. New lets need a fresh assured periodic agreement.
Last updated: 2 November 2026. Applies to England unless stated.
This guide covers private tenancies in England. Wales and Scotland have their own tenancy regimes and this review does not apply there. For the background, see our assured periodic tenancy agreements guide.
Two different jobs: existing tenancies and your template
Landlords holding old AST paperwork usually face two separate questions. Mixing them up leads to unnecessary work or missed obligations.
Existing tenancies
Every AST in England became an assured periodic tenancy on 1 May 2026. GOV.UK says you did not need to do anything for that change to take effect. The tenant does not need to sign a new agreement for the tenancy to continue.
What you did need to do, for tenancies with a written agreement, was give every named tenant The Renters’ Rights Act Information Sheet 2026 by 31 May 2026. It had to be the exact GOV.UK PDF, given as a hard copy or an attachment. A link was not valid. The penalty for failing is a fine of up to £7,000.
The old agreement stays in place, but clauses that conflict with the Act no longer operate. Changes to the remaining terms need both you and the tenant to agree. Our guide to AST conversion covers this in more detail.
Your template for new lets
For any tenancy created on or after 1 May 2026, you need an assured periodic agreement and the prescribed written statement given before the tenancy is agreed. An edited AST is risky because its structure assumes a fixed term and a Section 21 exit. Starting from a template built for the Act is usually quicker and safer. The AI Tenancy Agreement Generator builds an assured periodic agreement around your property and tenants.
The clause-by-clause review
This table covers the clauses most commonly found in pre-2026 AST templates. The “status now” column reflects the Housing Act 1988 as amended and GOV.UK guidance.
| Old clause | Status now | What to do |
|---|---|---|
| “This is an assured shorthold tenancy” | Incorrect – ASTs cannot be created and existing ones converted | New lets: describe it as an assured periodic tenancy. Existing: no need to re-sign, but do not rely on AST-only rights |
| Fixed term (6 or 12 months) | Of no effect; tenancy is periodic | Remove from new agreements. Never present a term as binding on the tenant |
| Break clause | Redundant – no fixed term to break | Remove from new agreements |
| Section 21 / “two months’ notice under section 21” | Cannot be used, even if the agreement says so | Remove. Possession is through a section 8 notice and a ground only |
| Rent review or fixed annual uplift clause | Rent increases must use section 13 (Form 4A) | Remove from new agreements. Use Form 4A, once a year, with two months’ notice |
| Rent paid quarterly, six-monthly or annually | Void; treated as monthly periods | Set rent periods at monthly or 28 days or shorter |
| Rent payable in advance (e.g. six months upfront) | Terms requiring rent in advance after the tenancy starts are not valid | Remove. Only the first month (or 28 days) can be requested, between signing and the start date |
| Tenant must give notice ending on a rent day or longer than two months | Cannot require more than two months | Set tenant notice at two months or less |
| “No pets” with no route to request | Tenant has a statutory right to request a pet | Replace with a request-and-consent clause; respond in writing within 28 days |
| Non-cash deposit (e.g. goods or a guarantee instead of money) | Illegal | Take deposits in money only, within the cap, and protect them |
| Guarantor liable for all sums including after death | A guarantor is not liable for rent payable after the tenant’s death | Update guarantor wording; see our planned guarantor guide |
| Landlord notice periods or “landlord may end at end of term” | Landlord can only end via Section 8 and a court order | Remove. Describe the Section 8 process instead |
| Missing landlord address for notices | Required in the written statement for new tenancies | Add an address in England or Wales for notices |
| No mention of pet requests, fitness for habitation or electrical safety | Prescribed written statement items for new tenancies | Add the required statements |
Let the Checker do the first pass
Upload your old AST to the RRA Compliance Checker. It audits the agreement, checks Renters’ Rights Act readiness, identifies missing clauses, flags legal risks and produces a remediation report you can work through. For a whole portfolio, our Renters’ Rights compliance software tracks every agreement as the rules change. Non-members get one free audit.
Clauses that need a closer look
Rent review clauses
GOV.UK says you must follow the section 13 process every time you increase rent, even if the tenant has agreed the increase. An increase agreed under a rent review clause before 1 May 2026 but due to take effect after that date does not apply.
The next increase cannot take effect until at least a year after the last one, whether that was under Form 4 or a rent review clause. Our section 13 preparation page walks through the process.
Notice clauses for tenants
For tenancies that started before 1 May 2026, the notice period in the agreement can still apply in some cases – for example where the tenancy was rolling from the start, or the fixed term ended on or after 1 May 2026. You cannot ask for more than two months, and the tenant may be able to give less. Check GOV.UK’s guidance for your situation.
Pet clauses
A clause requiring consent before keeping a pet is still workable. A clause that refuses all pets outright does not stop a tenant making a written request, and you need a fair reason to say no. GOV.UK lists another tenant’s allergy, a property too small for the animal, or a superior lease that bans pets as examples of reasonable refusals.
Deposit clauses
Check the deposit sum against the cap: five weeks’ rent where annual rent is under £50,000, six weeks’ at £50,000 or more. Confirm the deposit was protected and prescribed information given, because most possession grounds depend on it.
How to update your paperwork
- List every live tenancy and the template it was created on.
- Confirm the information sheet was given to every named tenant on written tenancies, with evidence. If not, take advice and act now.
- Confirm oral tenancies received the written information, due by 31 May 2026.
- Audit each agreement against the table above, or upload it to the RRA Compliance Checker.
- Stop relying on void clauses – do not quote a fixed term, break clause, Section 21 or rent review to a tenant.
- Agree any changes in writing with the tenant where you want to vary remaining terms.
- Retire the old template and build new agreements from one written for the Act.
- Record the key dates – rent increase eligibility, certificate renewals, deposit details – on one tenancy record.
AI Document Studio builds new assured periodic agreements and updates existing ones. ORBIT keeps the property timeline, certificate dates and automated alerts in one place. All three tools are available from £149 per year.
Common mistakes
- Re-signing existing tenants onto a new “fixed term”. It has no effect and can mislead the tenant.
- Sending the information sheet as a link. GOV.UK says this is not valid.
- Using a rent review clause instead of Form 4A. The increase will not apply.
- Taking several months’ rent upfront. Risks a civil penalty of up to £5,000 for a first breach and an order to repay.
- Treating “no pets” as final. The tenant can still ask, and you must respond within 28 days.
Frequently asked questions
Do existing tenants need to sign a new tenancy agreement?
No. ASTs converted to assured periodic tenancies on 1 May 2026 without any action. You can agree changes with the tenant, but a new signature is not needed for the tenancy to continue.
Can I keep using my old AST template for new lets?
Not safely. New tenancies need an assured periodic agreement and the prescribed written statement, given before the tenancy is agreed. Old AST templates are built around fixed terms and Section 21.
I missed the 31 May 2026 information sheet deadline. What now?
Give the official PDF to every named tenant as soon as possible and keep evidence of service. You remain exposed to a fine of up to £7,000, so take advice on your position.
Does a rent review clause still work?
No. Rent increases go through section 13 using Form 4A, once a year, with at least two months’ notice, even where the tenant agrees.
What happens to the fixed term in my existing agreement?
It no longer operates. The tenancy is periodic and the tenant can leave with two months’ notice. You need a Section 8 ground to seek possession.
Can the RRA Compliance Checker review my old agreement?
Yes. Upload it and the Checker audits it for Renters’ Rights Act readiness, identifies missing clauses, flags risks and produces a remediation report. Non-members get one free audit.
Find out what in your agreement no longer works
Upload your current AST for a free audit, then build replacement agreements in AI Document Studio.
Keep reading
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Sources
- GOV.UK – Renting out your property: guidance for landlords and letting agents
- GOV.UK – The Renters’ Rights Act Information Sheet 2026
- GOV.UK – Written information you need to give to your tenant
- GOV.UK – If the tenancy started before 1 May 2026
- GOV.UK – Rent increases
- GOV.UK – If a tenant wants a pet to live with them
- GOV.UK – Asking for rent in advance
- GOV.UK – Ending a tenancy
- GOV.UK – Repossessing your privately rented property on or after 1 May 2026
- legislation.gov.uk – Renters’ Rights Act 2025, section 1
- legislation.gov.uk – Renters’ Rights Act 2025 (incl. s19 guarantor liability)
This guide is general information, not legal advice.
TLA - The Landlord Association