Renters’ Rights Act: Section 21 & Section 8 Notices Before May 2026
On 1 May 2026, most of the Renters' Rights Act 2025 comes into force. As the Act overhauls landlord and tenant law, landlords, letting agents and tenants want to know how tenancy agreements signed before 1 May 2026 will be affected by Section 8 and Section 21 notices.
In this guide, our Landlord and Tenant Solicitors explain what happens to tenancy agreements signed before 1 May 2026.
Contact OTS Solicitors for Specialist Landlord and Tenant Legal Advice.
The Renters' Rights Act 2025 and tenancy agreements signed before 1 May 2026
The Renters’ Rights Act applies to tenancy agreements signed after 1 May 2026 and to existing tenancy agreements. This means most assured and assured shorthold tenancies entered before 1 May 2026 will:
- Convert to assured periodic tenancies, and
- Become periodic or rolling tenancy agreements, and
- The fixed term in the tenancy agreement will end through conversion into a periodic tenancy, and
- Be incapable of being ended through the service of a Section 21 notice (no-fault eviction), and
- Be subject to the new rules on rent increases in the Renters' Rights Act.
Existing tenancies and the Renters' Rights Act 2025
A tenancy agreement between landlord and tenant will be an existing tenancy if:
- The agreement was an assured tenancy or an assured shorthold tenancy agreement, and
- The landlord and tenant/s signed the tenancy agreement before 1 May 2026.
If the parties to the tenancy agreement signed it before 1 May 2026, but the tenants did not move into the rental property until after that date, the tenancy is still classed as an existing tenancy.
What is not an existing tenancy under the Renters' Rights Act
The provisions of the 2025 Act will not protect occupiers of rental property, if the agreement was signed before 1 May 2025, and it is a:
- Lodger agreement.
- License agreement.
- Company let.
Situations where a landlord lives in the same building as the tenant or the property is not the tenant’s main home also do not come within the definition of existing tenancies.
If you are unsure whether your agreement is an existing tenancy and what the implications are for you as a landlord or tenant, it's best to talk to a specialist Landlord and Tenant Solicitor to understand your obligations as a landlord and your rights as a tenant.
When does the Renters' Rights Act apply to existing tenancies?
On 1 May 2026, most existing tenancies that are either assured or assured shorthold tenancies will automatically convert into assured periodic or rolling tenancies. The process is automatic.
The automatic conversion process means the fixed term in the existing tenancy agreement is not applicable.
The impact of a Section 21 notice or Section 8 notice served before 1 May 2026
If Section 21 Notice Solicitors in London serve a valid Section 21 notice or Section 8 notice before 1 May 2026 and possession proceedings have not been finalised, the existing tenancy will not convert from a fixed term to a periodic tenancy. Instead, under the transitional rules, the tenancy remains a fixed-term tenancy rather than a periodic tenancy.
Changes to Section 8 and 21 notice expiry dates for notices served before 1 May 2026
Although Section 21 notices normally expire six months after the date of service (or four months after the requested leave date if a landlord had to give more than two months' notice), and a Section 8 notice expires 12 months after the date it was served on the tenant, the impact of the Renters' Rights Act on a Section 8 notice or Section 21 notice served before 1 May 2026 is that the notice will automatically expire on 31 July 2026 if the landlord has not applied for possession by that date.
If a Section 8 or Section 21 notice expires without a possession claim being made before 31 July 2026
If a Section 8 notice or Section 21 notice expires before a landlord applies for a possession order, the tenancy agreement converts to an assured periodic tenancy on the date of notice expiry. The landlord must serve the information sheet (and, where relevant, the written statement) within one month of the tenancy conversion date.
New tenancy agreements and existing tenancies
The conversion process from a fixed-term assured or assured shorthold tenancy to a periodic tenancy is automatic under the Renters' Rights Act. Therefore, landlords do not need to offer, and tenants don’t need to ask for a new tenancy agreement.
The required paperwork for existing tenancies
By 31 May 2026, a landlord must serve the government's information sheet. If the tenancy is verbal, the landlord must also send a written statement setting out the key terms of the tenancy agreement.
There is an exemption to the requirement to send an information sheet. A landlord who has served a valid Section 8 or Section 21 notice does not need to send the information by 31 May 2026 if the transitional provisions apply. The transitional arrangements state that the information sheet (and written statement, where relevant) should be sent to the tenant within one month of the tenancy ceasing to be an assured shorthold tenancy.
Sending an information sheet to a tenant
The information sheet can be found here, but landlords should check that they are using the latest edition.
There are strict rules on how the information sheet should be served on a tenant. For more information, read our article: New Rules for Landlords 2026 and Tenant Information Sheet Requirement.
The penalties if landlords do not serve their tenants with information sheets
If a landlord does not provide the information sheet or the written statement by 31 May 2026, they could receive a civil penalty of up to £7,000. Penalties for second offences carry a maximum penalty of up to £40,000.
The impact of Section 8 and 21 notices on existing tenancy agreements
If a valid Section 8 notice or Section 21 notice has been served before 1 May 2026, the tenancy agreement will not automatically convert to a periodic tenancy on 1 May 2026. Instead, it will continue as an assured shorthold tenancy throughout the notice period and the duration of the possession proceedings.
The transitional rules state that a tenancy agreement remains an assured shorthold tenancy after 1 May 2026 if a landlord:
- Started possession proceedings before 1 May 2026, and they are ongoing, or
- Applied to court for possession between 1 May and 31 July 2026 after serving a valid Section 21 or Section 8 notice before 1 May 2026.
Existing tenancies and the impact of possession claim refusal
If the court refuses a possession claim, the tenancy will become an assured periodic tenancy and will no longer be a fixed-term tenancy. The landlord must serve the information sheet (and, if relevant, the written statement) within one month of the tenancy converting to a periodic tenancy.
The effect of a tenancy remaining an assured shorthold tenancy
If a pre-1 May 2026 tenancy is an assured shorthold tenancy, Chapter 1 of Part 1 of the Renters' Rights Act will not apply to the tenancy agreement. This means:
- The fixed-term tenancy will continue in place where relevant, and
- A landlord can apply for a no-fault eviction if a valid Section 21 notice was served before 1 May 2026, and
- The landlord will not be able to use the new grounds for possession under the Renters' Rights Act, and
- The tenant will not have a contractual right to request a pet.
Legal advice for landlords and tenants on the Renters' Rights Act 2025
The housing team at OTS Solicitors provides commercial and pragmatic landlord and tenant legal advice for landlords, letting agents and tenants on:
- The Renters' Rights Act 2025 and existing tenancies.
- How the transitional provisions in the Renters' Rights Act will affect a tenancy agreement, landlord obligations and tenant rights.
- The impact of Section 8 notices and Section 21 no-fault eviction notices served before 1 May 2026.
- Possession claims and the transitional rules in the Renters' Rights Act.
- Landlord obligations to serve information sheets.
- New periodic tenancy agreements.
- Tenant rights after 1 May 2026.
- Landlord obligations after 1 May 2026.
- Serving notice and starting possession proceedings to evict tenants with periodic tenancies.
- Landlord harassment claims and revenge eviction disputes.
Whether you need advice on your rights as a tenant or obligations as a landlord, representation in possession or eviction proceedings, expert legal advice on a tenancy agreement dispute, deposit dispute or housing disrepair claim, our experienced Landlord and Tenant Solicitors can help you.
Contact OTS Solicitors For Landlord and Tenant Legal Advice on the Renters' Rights Act.
Appointments are available at our offices in central London, by phone, or via online consultation.
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