Managing Periodic Tenancies After Section 21: A Landlord's Practical Guide

What changes on 1 May 2026?

On 1 May 2026, the Renters' Rights Act 2025 takes effect. All assured tenancies - new and existing - become periodic tenancies. Section 21 no-fault evictions are abolished entirely.

Key changes at a glance:

• All tenancies become assured periodic tenancies (rolling month-to-month or week-to-week)
• Fixed-term tenancies are no longer possible for assured tenancies
• Section 21 no-fault eviction notices cannot be served
• Eviction is only possible through Section 8 grounds, with reformed and expanded grounds
• Rent increases limited to once per year with 2 months' notice
• Rental bidding banned - you cannot invite or accept offers above stated rent
• Advance rent restricted to 1 month maximum
• Tenants can end the tenancy with 2 months' notice at any time
• Landlords must issue a government information sheet to existing tenants by 31 May 2026

How periodic tenancies work

A periodic tenancy rolls on indefinitely from one rent period to the next. There is no fixed end date. The tenancy continues until either the tenant gives notice or the landlord obtains a possession order through the courts using a valid Section 8 ground.

The shift from fixed-term to periodic

Under the current system, most tenancies start with a fixed term (typically 6 or 12 months). When that term ends, the tenancy either renews or becomes periodic. Landlords often use fixed terms to guarantee a minimum letting period.

From 1 May 2026, this changes completely:

What happens to existing tenancies?

On 1 May 2026, all existing assured tenancies (whether currently in a fixed term or already periodic) convert to assured periodic tenancies. If a tenant is mid-way through a fixed term, that fixed term ends and the tenancy continues as periodic. No new agreement is needed - the conversion happens automatically by law.

Existing contractual periodic tenancies also convert. The rent period (monthly, weekly, etc.) carries over from the existing agreement.

What happens to my existing fixed-term tenancies on 1 May 2026?

Every fixed-term tenancy in England converts automatically to a periodic tenancy on 1 May 2026, even if the fixed term has months still to run. You cannot enforce the remaining term. No new tenancy agreement is required — the conversion happens by operation of law under the Renters' Rights Act 2025.

This has several immediate practical consequences for landlords with fixed-term agreements:

• You cannot hold the tenant to the remaining fixed term. If a tenant was mid-way through a 12-month fixed term on 1 May 2026, the remaining months are extinguished. The tenancy continues, but as a periodic tenancy.
• Tenants can leave with 2 months' notice from day one. From 1 May 2026, any tenant on any tenancy can give 2 months' written notice and leave — regardless of what their contract says about fixed terms or break clauses.
• Rent review clauses become irrelevant. Any contractual rent review clause in a fixed-term agreement is superseded by the Section 13 statutory process. You can only increase rent once per year via Section 13, with 2 months' notice, to market rent.
• "End of fixed term" is no longer a basis for repossession. You cannot serve a Section 21 notice (which is abolished) or otherwise use the expiry of a fixed term as a reason to recover the property. Possession must be sought via Section 8 grounds.

Before vs After: fixed-term tenancies

If you want to review the rent before 1 May 2026

This is your last opportunity to use a contractual rent review clause. If your fixed-term agreement contains a rent review provision and you wish to use it, you must complete that process before 1 May 2026. After that date, even if the clause is still technically in the agreement, the Section 13 statutory mechanism takes over and any contractual clause is unenforceable.

If you are planning a rent increase, act now. See the action checklist below for the steps to take before the transition.

If you want to repossess before 1 May 2026

Section 21 notices served before 1 May 2026 will still be valid and can be enforced after that date, provided court proceedings are issued in time. However, any Section 21 notice that has not resulted in a court claim by 1 May 2026 cannot be "topped up" or re-served — Section 21 will be gone entirely. If you are considering serving a Section 21 notice, take legal advice promptly given the approaching deadline.

For properties where you want to recover possession after 1 May 2026, you will need to use the reformed Section 8 grounds.

Rent increase rules under periodic tenancies

Landlords can increase rent once per year using a Section 13 notice. You must give at least 2 months' notice, and the increase must reflect market rent. Tenants can challenge unreasonable increases at the First-tier Tribunal.

The Section 13 process

1. Check eligibility - at least 12 months must have passed since the tenancy started or since the last rent increase
2. Research market rent - the proposed rent must be in line with what similar properties achieve locally
3. Serve the Section 13 notice - use the prescribed form (Form 4) giving at least 2 months' notice
4. Wait for the notice period to expire - the new rent takes effect on the date specified in the notice
5. If the tenant challenges - the First-tier Tribunal will determine the market rent

Key restrictions on rent increases

Rent review clauses in tenancy agreements are overridden by the statutory Section 13 process. Even if your existing agreement contains a rent review clause, from 1 May 2026 you must use Section 13 for all rent increases.

New possession grounds for landlords

With Section 21 gone, landlords must rely on Section 8 possession grounds. The Renters' Rights Act reforms these grounds, adding new ones for selling and moving in, and adjusting notice periods. Grounds are either mandatory (court must grant possession) or discretionary (court decides).

Below are the key grounds landlords will use under the reformed system:

Important: For Grounds 1 and 1A, you must have genuinely intended to move in or sell. Misusing these grounds (for example, claiming you want to sell but then re-letting the property) can result in compensation claims from the tenant and potential fines of up to 24 months' rent.

The 12-month protected period

Landlords cannot use Grounds 1 (moving in), 1A (selling), or 6 (major works) within the first 12 months of a tenancy. This gives tenants stability when they first move in. Other grounds (rent arrears, anti-social behaviour, etc.) remain available throughout.

How the protected period works

• The 12-month clock starts from the beginning of the tenancy
• During this period, you cannot serve notice under Grounds 1, 1A, or 6
• After 12 months, you can serve notice on these grounds with the required 4 months' notice
• The earliest you could realistically gain possession for sale or moving in is approximately 16 months after the tenancy starts (12 months protected period + 4 months notice)

What is not affected by the protected period

The protected period only restricts Grounds 1, 1A, and 6. You can still seek possession at any time for:

• Rent arrears (Grounds 8, 10, 11) - if the tenant falls behind on rent
• Anti-social behaviour (Ground 14) - with immediate notice in serious cases
• Breach of tenancy terms (Ground 12) - such as subletting without permission
• Mortgage lender possession (Ground 2) - if the lender calls in the mortgage

Planning around the protected period

If you think you may want to sell within the next two years, consider your timing carefully. Once a new tenant moves in, you are committed for at least 16 months before you could obtain vacant possession through Grounds 1 or 1A. Factor this into any investment decisions.

Pet requests: what landlords must do

Tenants have the right to request permission to keep a pet. Landlords must respond within 28 days and can only refuse on reasonable grounds. Blanket bans on pets are no longer permitted.

The pet request process

1. Tenant submits a written request to keep a specific pet
2. Landlord has 28 days to respond - silence is treated as consent
3. Consent can be conditional - for example, requiring pet damage insurance
4. Refusal must be on reasonable grounds - and explained in writing

Reasonable grounds for refusal

You can refuse a pet request if there are genuine, proportionate reasons. Examples may include:

• The property is a small flat unsuitable for a large dog
• The lease or head-tenancy prohibits pets (e.g., in a block of flats)
• The specific animal poses a health or safety risk
• The property lacks outdoor space for an animal that needs it

You cannot:

• Impose a blanket "no pets" clause
• Refuse without giving reasons
• Ignore the request (silence after 28 days = consent)
• Charge higher rent because of a pet

Pet damage insurance: You can require the tenant to take out pet damage insurance as a condition of consent. This protects your property without penalising responsible pet owners.

Discrimination protections for tenants

The Renters' Rights Act 2025 makes it unlawful to discriminate against prospective tenants because they have children or receive housing benefits. Blanket bans such as "no DSS" or "no children" are prohibited.

What is now banned

• Refusing tenants on benefits - you cannot advertise "no DSS", "no housing benefit", or "no Universal Credit"
• Refusing tenants with children - you cannot advertise "no children" or "professionals only" as a way to exclude families
• Instructing agents to discriminate - telling your letting agent to filter out benefit claimants or families is also unlawful

What you can still do

• Apply affordability checks - you can assess whether the tenant can afford the rent, regardless of income source
• Require references - standard referencing (employer, previous landlord, credit check) remains lawful
• Use guarantors - you can ask for a guarantor if the tenant does not meet your affordability criteria

The key distinction: you can assess a tenant's ability to pay based on their individual circumstances, but you cannot use blanket rules that exclude entire groups.

Action checklist: what to do before 1 May 2026

If you have fixed-term tenancies running on 1 May 2026, there are time-sensitive actions you should take before that date. This checklist is specifically for landlords with existing fixed-term agreements.

• Review all your fixed-term tenancy agreements now. Identify the end dates, any rent review clauses, any break clauses, and any provisions that will cease to apply after 1 May 2026.
• Plan any rent reviews before 1 May 2026. If your fixed-term agreement contains a rent review clause and you intend to use it, this is your last chance. Contractual rent review clauses are superseded by the Section 13 process from 1 May 2026. Serve any contractual rent review notice in time for it to take effect before the transition.
• Understand which Section 8 grounds apply to your tenancies. From 1 May 2026, possession can only be sought via Section 8 grounds. Review the grounds most relevant to your situation — particularly Ground 1 (move in), Ground 1A (sale), Ground 8 (serious arrears) — and the associated notice periods and restrictions.
• Consider whether to serve a Section 21 notice before the deadline. If you have a genuine need to recover possession and you currently hold a fixed-term tenancy, take legal advice on whether to serve a Section 21 notice before 1 May 2026. After that date, Section 21 is abolished entirely. Any notice not yet enforced by 1 May 2026 cannot be topped up or re-served.
• Update your tenancy management processes. Remove any workflows or templates built around fixed-term renewals, end-of-term notices, or Section 21. Build new processes for Section 13 rent increases and Section 8 possession.
• Communicate with tenants if appropriate. While no formal communication is required before 1 May 2026 (the information sheet deadline is 31 May 2026), proactively explaining the changes to long-standing tenants can prevent confusion and disputes.
• Read the government information sheet before it lands on your tenants' doormats — understanding what tenants are told about their new rights helps you prepare for any questions or requests.

What landlords need to do now

Start preparing well before 1 May 2026. Review your tenancy agreements, understand the new grounds for possession, and update your processes for rent increases and pet requests.

General action checklist for all landlords:

• Review all tenancy agreements - remove or note any fixed-term provisions, rent review clauses, and blanket pet bans that will become unenforceable
• Issue the government information sheet - you must provide this to all existing tenants by 31 May 2026. The sheet will be published by the government before 1 May 2026
• Learn the Section 13 process - if you are not already using it, understand how Section 13 rent increases work before you need to serve one
• Familiarise yourself with Section 8 grounds - understand which grounds apply to your situation and the notice periods required
• Set up a pet request process - have a template response ready and know what your reasonable grounds for refusal might be
• Review your insurance - check that your landlord insurance covers the new regime, including longer void periods between tenancies
• Plan for the protected period - if you may want to sell or move in, note that you cannot use Grounds 1/1A within the first 12 months
• Update marketing materials - remove any "no DSS", "no children", or "no pets" language from listings
• Ensure full compliance - check your compliance checklist is up to date (Gas Safety, EICR, EPC, deposit protection, prescribed documents)
• Brief your letting agent - if you use one, confirm they understand and are prepared for the changes