Signed your tenancy before May 2026? Check which clauses still count

On 1 May 2026, the Renters' Rights Act 2025 changed private renting in England. Most assured shorthold tenancies became assured periodic tenancies automatically, but nobody rewrote the paperwork. Your agreement may still contain clauses that no longer have effect. LeaseScan reads it clause by clause and flags them against the law as it stands today.

Renters' Rights Act 2025 Housing Act 1988 (as amended) Tenant Fees Act 2019 Wales checked separately

Old clauses that no longer have effect in England

If your agreement was written for an assured shorthold tenancy, look for these. The rest of the agreement still applies; the law overrides these parts, so they can't be enforced.

No longer has effect

Fixed terms and lock-ins

Your tenancy is now periodic, so a fixed term has no effect. A minimum-term or pay-to-the-end-of-the-term clause can't stop you leaving with 2 months' notice (rent is due until the notice ends).

Housing Act 1988, as amended by the Renters' Rights Act 2025
No longer has effect

Section 21 notices

Section 21 "no-fault" eviction is abolished. A landlord needs a legal ground, such as selling or moving in: 4 months' notice, with a date at least 12 months after the tenancy began. A section 21 notice served before 1 May 2026 could only be used if the landlord started a court claim by 31 July 2026 (or within 6 months of the notice, if that was sooner), so an unused one can't be relied on now.

Housing Act 1988, s.8 and Sch. 2 (as amended)
No longer has effect

Automatic renewal

Clauses that renew a fixed term, or roll it into a new one, have nothing left to act on. The tenancy simply continues from one rent period to the next until you or your landlord end it lawfully.

Renters' Rights Act 2025 (tenancies become assured periodic)
No longer has effect

Rent review clauses

Fixed-percentage, inflation-linked or "at the landlord's discretion" rent rises no longer have effect. Rent can only go up by a section 13 notice: at most once a year, with at least 2 months' notice, and you can challenge it at the First-tier Tribunal.

Housing Act 1988, s.13 (as amended)
Changed for new tenancies

Rent in advance

For tenancies agreed from 1 May 2026, a landlord can't take rent before the agreement is signed, and before the start date can only require the first rent payment (about one month on a monthly tenancy). This rule doesn't reach tenancies agreed before 1 May 2026, so an older rent-in-advance clause may still stand.

Housing Act 1988, s.4B; Tenant Fees Act 2019, Sch. 1
No longer has effect

Pet bans and pet deposits

You can ask in writing to keep a pet; your landlord must reply within 28 days and can't refuse unreasonably. A pet deposit that takes the total deposit over the cap has been banned since 2019: all deposits together are capped at 5 weeks' rent (6 if annual rent is £50,000+). Charging you for pet insurance isn't allowed either.

Housing Act 1988 (as amended); Tenant Fees Act 2019

Also new from 1 May 2026: landlords and agents can't accept offers above the advertised rent, and can't refuse you because you have children or receive benefits.

Wales has its own system

The Renters' Rights Act's tenancy reforms don't apply in Wales. Since 1 December 2022, the Renting Homes (Wales) Act 2016 has applied: tenants are contract-holders and tenancies are occupation contracts. Your landlord must give you a written statement of the contract within 14 days of it starting. A landlord's no-fault notice must give at least 6 months' notice and can't be given in the first 6 months. A landlord's break clause is generally only allowed in fixed-term contracts of 2 years or more, and the landlord can't give notice under it until 18 months after the contract started.

Renters' Rights Act: common questions

Do I need a new tenancy agreement after 1 May 2026?
No. Most assured shorthold tenancies in England became assured periodic tenancies automatically on 1 May 2026, and you did not need to sign anything. Your agreement still applies, except for the parts that conflict with the new rules: the law overrides those, so they can't be enforced.
Can my landlord still evict me with a section 21 notice?
No. Section 21 "no-fault" eviction was abolished in England on 1 May 2026. A landlord now needs a legal ground. Wanting to sell or move in needs 4 months' notice, and the date in the notice must be at least 12 months after your tenancy began. A section 21 notice served before 1 May 2026 could only be used if the landlord started a court claim by 31 July 2026 (or within 6 months of the notice, if that was sooner), so an unused one can't be relied on now.
My agreement has a rent review clause. Does it still apply?
No. A clause that sets automatic or discretionary rent rises no longer has effect in England. Rent can only go up through the statutory section 13 notice: at most once a year, with at least 2 months' notice, and you can challenge the increase at the First-tier Tribunal.
My agreement says I can't leave before the fixed term ends. Is that still true?
No. Fixed terms no longer have effect in England, and a minimum-term or pay-to-the-end-of-the-term clause can't stop you leaving with 2 months' notice. Rent is still due until the notice ends.
My agreement bans pets or asks for a pet deposit. What now?
You can ask your landlord in writing to keep a pet. They must reply within 28 days and cannot refuse unreasonably. A pet deposit that takes the total deposit over the cap has been banned in England since 1 June 2019 under the Tenant Fees Act 2019: all deposits together are capped at 5 weeks' rent, or 6 weeks if the annual rent is £50,000 or more. Charging you for pet insurance is not allowed either.
Does the Renters' Rights Act apply in Wales?
Its tenancy reforms do not. Wales has had its own system since 1 December 2022 under the Renting Homes (Wales) Act 2016: tenants are contract-holders, tenancies are occupation contracts, and a landlord's no-fault notice must give at least 6 months' notice.
Is LeaseScan legal advice?
No. LeaseScan flags clauses that may no longer have effect or may be unfair, with plain-English explanations. It is not legal advice. For help with a dispute, contact Shelter, Citizens Advice or a qualified solicitor.

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