Five Months Into the Renters' Rights Act 2026: How Rolling Tenancies and Rent Appeals Work Now

Since Phase One of the Renters' Rights Act came into force on 1 May 2026, Section 21 "no-fault" evictions have been abolished in England and existing fixed-term Assured Shorthold Tenancies (ASTs) have automatically converted into rolling assured periodic tenancies. Five months into the new legal regime, both private tenants and landlords are navigating new rules on notice periods, rent increases, and Ground 1A property sales.

What changed on 1 May 2026

Under the transitional rules that took effect on 1 May 2026:

• End of fixed terms and Section 21: Tenancies now run on a rolling periodic basis from day one. A landlord can no longer serve a two-month Section 21 notice without giving a legally valid Section 8 ground.
• Selling or moving into the property (Ground 1A): If a landlord wants to sell the property or move themselves/close family in, they cannot evict a tenant during the first 12 months of a new tenancy (the "protected period"), and must give four months' notice once that protected period ends.
• Serious rent arrears threshold: For mandatory possession under Section 8 rent arrears grounds, the arrears threshold increased to three months' rent (up from two months), and the notice period rose from two weeks to four weeks.
• Mandatory Information Sheet: Landlords had until 31 May 2026 to serve existing tenants with the statutory government Information Sheet explaining the conversion to a periodic tenancy, backed by local authority civil penalties of up to £7,000 for a first breach.

How annual rent increases work under Section 13

With fixed-term renewals gone, landlords can only increase the rent once every 12 months by serving a statutory Section 13 notice with at least two months' notice. If a tenant believes the proposed increase is above local open-market rent, they can refer it to the First-tier Tribunal (Property Chamber) before the new rent takes effect. Crucially, under the 2026 rules, the Tribunal can no longer set the rent higher than what the landlord originally asked for.

Checklist: what tenants and landlords should verify

• Tenants: Remember you do not need to sign a new contract or pay an admin fee for your tenancy to convert — conversion to a periodic tenancy happened automatically by law on 1 May 2026.
• Tenants giving notice: Under a periodic tenancy, tenants can give two months' notice to leave at any point, aligned with the end of a rent period.
• Landlords: Keep comprehensive evidence before serving any Section 8 notice, as the old paper-based "accelerated possession" court route under Section 21 no longer exists for post-May 2026 notices.

How England compares with Scotland and internationally

England's May 2026 reform brings its rental market closely into line with Scotland, which replaced fixed-term ASTs with open-ended Private Residential Tenancies (PRTs) and abolished no-fault evictions back in December 2017, as well as continental European rental markets like Germany, where indefinite rolling leases and statutory grounds for termination have been standard for decades.

Key Numbers

• Date Section 21 was abolished and tenancies converted (Phase 1): 1 May 2026
• Protected period & notice required to sell a rented home (Ground 1A): 12-month protected period + 4 months' notice
• Serious rent arrears threshold under reformed Section 8: 3 months' arrears + 4 weeks' notice
• Maximum civil penalty for failing to provide statutory information sheet (first offence): up to £7,000 (up to £40,000 for repeat offences)

Sources

• Renters' Rights Act: What's happening to evictions and Section 21? — Total Landlord Insurance
• Renters' Rights Act: Section 21 & Section 8 Notices — OTS Solicitors
• Private renting for tenants: evictions in England — GOV.UK

Educational content only — not financial advice.