How to Update Your Tenancy Agreement for the Renters' Rights Act 2026
The Renters' Rights Act makes dozens of tenancy agreement clauses obsolete or unenforceable. Here are the exact clauses to remove, add, and amend before 1 May 2026.
The Latch Team
Editorial
The Renters' Rights Act 2025 (taking effect 1 May 2026) does not simply add new rules on top of the existing framework — it dismantles fundamental concepts that most tenancy agreements are built around. Fixed-term assured shorthold tenancies, Section 21 break clauses, rent review mechanisms tied to fixed terms, and blanket pet prohibition clauses all become unenforceable or meaningless overnight. If your tenancy agreement still references these concepts, it is not just outdated — it could actively undermine your ability to manage your property, serve valid notices, and recover possession.
Latch helps landlords maintain compliant tenancy agreements with document management, e-signature workflows, and automated compliance tracking — but before any software can help, you need to know exactly which clauses must change. This guide provides the clause-by-clause breakdown.
Below, we set out every clause you need to remove, add, and amend, explain the new Information Sheet requirement, and give you a practical compliance checklist and timeline. For the full overview of the Act, see our Renters' Rights Act 2026 complete guide.
Why Every Tenancy Agreement Needs Updating
Most tenancy agreements in circulation today were drafted around the assured shorthold tenancy (AST) framework established by the Housing Act 1988 and modified by the Housing Act 1996. They assume a fixed term (typically 6 or 12 months), a Section 21 no-fault eviction route at the end of that term, and a landlord's unilateral right to prohibit pets, dictate rent review schedules, and include forfeiture clauses. The Renters' Rights Act invalidates or restricts every one of these assumptions.
Using an un-updated tenancy agreement after 1 May 2026 creates three distinct risks. First, unenforceable clauses give tenants grounds to challenge your actions at tribunal. Second, missing mandatory provisions (such as the requirement to reference the Information Sheet) can prevent you from serving valid notices. Third, ambiguous terms around periodic tenancy mechanics — notice periods, rent increases, tenant exit rights — create disputes that a well-drafted agreement would prevent.
A tenancy agreement that references Section 21, specifies a fixed term for a new tenancy, or omits the Information Sheet requirement is not just outdated — it is a liability. Courts will not enforce clauses that contradict the Act.
Clauses to Remove
The following clauses must be removed from any tenancy agreement used after 1 May 2026. For existing tenancies, these clauses become unenforceable by operation of law, but leaving them in creates confusion and potential disputes.
| Clause | Description | Reason for Removal |
|---|---|---|
| Fixed-term grant | Clause granting the tenancy for a specific period (e.g. "for a term of 12 months") | No new fixed-term ASTs can be created after 1 May 2026. All tenancies are periodic from the outset. |
| Section 21 break clause | Clause reserving the landlord's right to serve a Section 21 notice | Section 21 is abolished. Any reference to it is misleading and unenforceable. |
| Forfeiture / re-entry | Clause allowing landlord to forfeit the lease for breach of covenant | Forfeiture does not apply to assured tenancies. Possession must be sought via Section 8 grounds. |
| Blanket pet prohibition | Clause stating "no pets allowed" without qualification | Tenants have the right to request permission for pets. A blanket ban is unenforceable. Replace with a consent clause. |
| Contractual periodic rent escalation | Clause specifying automatic rent increases (e.g. RPI+2% annually) | Rent increases for periodic tenancies must use Section 13 notice procedure only. Contractual mechanisms are unenforceable. |
| Fixed-term renewal clause | Clause requiring or offering renewal for a further fixed term | No new fixed terms can be granted. The tenancy continues as periodic indefinitely. |
| Minimum notice exceeding statutory | Clause requiring the tenant to give more than 2 months' notice | Tenant notice period is set by statute at 2 months. Any longer requirement is unenforceable. |
Clauses to Add
The Act introduces new rights and obligations that must be reflected in your tenancy agreement. Adding these clauses is not optional — they ensure your agreement accurately reflects the legal position and protects your ability to manage the tenancy.
| Clause | Description | Reason for Inclusion |
|---|---|---|
| Periodic tenancy statement | Statement that the tenancy is a periodic assured tenancy from the outset | Required to reflect the new legal default. Avoids confusion about tenancy type. |
| Information Sheet acknowledgement | Clause confirming the tenant has received the prescribed Information Sheet | Landlords must provide the Information Sheet before serving Section 8 notices. A signed acknowledgement provides evidence of compliance. |
| Pet request procedure | Clause setting out the process for tenants to request permission to keep a pet | The Act gives tenants the right to request pets. Including the procedure (42-day response period, reasonable grounds for refusal, insurance requirement) sets clear expectations. |
| Section 13 rent increase reference | Clause explaining that rent will be reviewed via Section 13 notice only | Prevents disputes by making the rent increase mechanism clear. Links to the statutory framework. |
| PRS Database registration reference | Statement confirming the property is or will be registered on the PRS Database | Registration will be mandatory. Including this reference demonstrates compliance intent. |
| Tenant notice rights | Clause confirming the tenant may end the tenancy by giving 2 months' written notice at any time | Required to reflect the tenant's statutory right to end a periodic tenancy. |
| Decent Homes Standard reference | Statement that the property meets or is being brought up to the Decent Homes Standard | The standard extends to the private rented sector. Including the reference shows awareness and intent. |
Clauses to Amend
Some existing clauses remain relevant but need updating to reflect the new framework. These amendments ensure your agreement works with the Act rather than against it.
| Clause | Current Wording (Typical) | Required Amendment |
|---|---|---|
| Landlord's right to possession | "Landlord may recover possession under Section 21 or Section 8" | Remove Section 21 reference. Specify that possession is via Section 8 grounds only, subject to applicable notice periods and evidence requirements. |
| Deposit protection | "Deposit protected under AST rules" | Update terminology from AST to assured periodic tenancy. Confirm deposit remains protected under the same scheme. |
| Repair and maintenance obligations | "Tenant to notify landlord of disrepair within 14 days" | Retain notification obligation but add reference to the Decent Homes Standard and landlord's obligation to maintain the property to that standard. |
| Subletting and assignment | "Tenant shall not sublet or assign without landlord consent" | Retain but clarify that consent cannot be unreasonably withheld under the new framework. Add reference to any HMO licensing implications. |
| Insurance requirements | "Tenant to maintain contents insurance" | Retain but add clause allowing landlord to require pet damage insurance where a pet request is approved. |
| Access for inspections | "Landlord may inspect with 24 hours notice" | Retain the 24-hour notice provision but clarify frequency limits (typically quarterly) and that access must be at reasonable times. |
| Anti-social behaviour | "Tenant shall not cause nuisance or annoyance" | Strengthen with reference to Ground 14 (amended) and the expanded definition of anti-social behaviour under the Act. |
The Information Sheet Requirement
One of the most operationally significant requirements of the Renters' Rights Act is the mandatory provision of a government-prescribed Information Sheet to all tenants. This is not a voluntary best practice — it is a legal precondition for serving valid Section 8 notices. Without proof that the Information Sheet has been provided, any possession notice you serve can be challenged and dismissed.
Critical deadline: The Information Sheet must be provided to all existing tenants by 31 May 2026 (within 28 days of the Act taking effect). For new tenancies, it must be provided at the start of the tenancy. Keep signed proof of delivery.
The government will publish the prescribed form of the Information Sheet, which will cover:
- Tenant rights under the Renters' Rights Act (periodic tenancy, 2-month notice to leave, protection from retaliatory eviction)
- Landlord obligations (repairs, Decent Homes Standard, safety certificates, deposit protection)
- Rent increase rules (Section 13 only, once per year, tribunal challenge rights)
- Eviction grounds and process (Section 8 grounds, notice periods, court process)
- How to make a complaint (Landlord Ombudsman, local authority, tribunal)
- PRS Database registration (tenant's right to check registration status)
- Pet request rights (right to request, 42-day response, insurance provision)
You must keep a record that the Information Sheet was provided. The best approach is to include an acknowledgement clause in the tenancy agreement (see the 'Clauses to Add' table above) and retain a signed copy. Digital delivery with read receipts or e-signature confirmation is equally valid.
Clause-by-Clause Compliance Checklist
Use this checklist to audit your current tenancy agreement against the Renters' Rights Act requirements. Each item corresponds to a specific change required by the Act.
- Remove any reference to a fixed tenancy term for new agreements
- Remove all Section 21 references (break clauses, notice provisions, termination rights)
- Remove forfeiture and re-entry clauses
- Replace blanket pet prohibition with a pet request consent clause
- Remove contractual rent escalation clauses and replace with Section 13 reference
- Add periodic tenancy statement confirming the tenancy type
- Add Information Sheet acknowledgement clause with space for tenant signature/date
- Add pet request procedure clause (42-day response, reasonable grounds, insurance)
- Update possession clause to reference Section 8 grounds only
- Add tenant notice rights clause (2 months' written notice at any time)
- Update deposit protection clause terminology (AST to assured periodic tenancy)
- Add PRS Database registration reference
- Add Decent Homes Standard reference to repair obligations
- Update anti-social behaviour clause with Ground 14 reference
- Update insurance clause to include pet damage insurance provision
- Review access/inspection clause for frequency and reasonableness
Should You Re-Issue to Existing Tenants?
Strictly speaking, you do not need to issue a completely new tenancy agreement to existing tenants. The Act's provisions override any conflicting clauses by operation of law — meaning unenforceable terms are simply disregarded, whether or not you update the written agreement. However, there are compelling practical reasons to update the agreement for existing tenancies.
Clarity for Both Parties
An agreement that accurately reflects the legal position prevents misunderstandings. If a tenant reads a clause about Section 21 and asks why you have not served one, the resulting conversation is unnecessary and potentially adversarial.
Evidence of Information Sheet
Re-issuing gives you the opportunity to include the Information Sheet acknowledgement and obtain a signed confirmation — which you need before serving any Section 8 notice.
Pet Request Framework
Adding a clear pet request procedure to the agreement sets expectations and reduces the chance of disputes when a tenant makes a request.
Rent Review Clarity
Removing old rent review clauses and confirming the Section 13 process prevents tenants from arguing that a contractual mechanism should apply instead of the statutory process.
The recommended approach for existing tenancies is to issue a variation letter or addendum that lists the specific clauses being removed, added, or amended, asks the tenant to sign and return an acknowledgement, and includes the Information Sheet. This is simpler and cheaper than drafting an entirely new agreement, but achieves the same legal clarity.
For new tenancies after 1 May 2026, always use a fresh agreement template drafted for periodic assured tenancies. Do not use old AST templates with the fixed-term clause crossed out — this creates ambiguity and looks unprofessional.
Timeline for Compliance
The following timeline sets out the key dates and recommended actions for updating your tenancy agreements. The critical legal deadlines are the Act's commencement on 1 May 2026 and the Information Sheet provision deadline of 31 May 2026.
| Date | Action | Priority |
|---|---|---|
| Now — March 2026 | Audit all current tenancy agreements against the checklist above | High |
| March — April 2026 | Draft updated agreement template or variation letter/addendum | High |
| April 2026 | Have the updated template reviewed (NRLA, solicitor, or specialist service) | Medium |
| 1 May 2026 | Act takes effect — use updated template for all new tenancies from this date | Critical |
| 1 — 31 May 2026 | Issue Information Sheets to all existing tenants with signed acknowledgement | Critical |
| May — June 2026 | Issue variation letters or updated agreements to existing tenants | High |
| Ongoing | Update agreements whenever terms change or new guidance is issued | Medium |
For the full month-by-month compliance calendar covering all aspects of the Act (not just tenancy agreements), see our RRA compliance survival kit.
How Latch Helps With Tenancy Agreement Compliance
Managing tenancy agreement updates across a portfolio manually — tracking which tenants have received the Information Sheet, which agreements have been updated, and which addendums are outstanding — quickly becomes unmanageable for landlords with more than a handful of properties. This is where property management software pays for itself.
- Document management — Store all tenancy agreements, addendums, and Information Sheets with version history and access logs
- E-signature workflows — Send updated agreements and variation letters for electronic signature with automatic reminders for unsigned documents
- Information Sheet tracking — Record delivery and acknowledgement for every tenant, with alerts for tenants who have not yet confirmed receipt
- Compliance dashboard — See at a glance which properties have updated agreements and which need attention
- Template library — Access pre-drafted, RRA-compliant tenancy agreement templates and variation letters
For landlords managing multiple tenancies, the difference between manual tracking and automated compliance management is the difference between missing a critical deadline and having everything in order. The Information Sheet provision deadline alone — 31 May 2026 for all existing tenants — requires coordinated action across your entire portfolio.
Related reading: Fixed-term tenancies abolished: periodic tenancy rules | Landlord pet request rules 2026 | Section 13 rent increase notice guide
Keep Your Tenancy Agreements Compliant
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Get Started with LatchFrequently Asked Questions
Do I need to issue new tenancy agreements for existing tenants?
You are not legally required to issue a brand-new agreement, but you must ensure any terms that conflict with the Act are not relied upon. The safest approach is to issue an updated agreement or a formal addendum. Without a written record of the updated terms, disputes become harder to resolve.
Can I still use a fixed-term tenancy agreement template?
No. Any new tenancy created after 1 May 2026 must be a periodic tenancy from the outset. Using a template that specifies a fixed term will create an unenforceable clause. You should use an updated template designed for periodic assured tenancies.
What happens if I do not provide the Information Sheet?
You will be unable to serve a valid Section 8 notice until the Information Sheet has been provided and a reasonable period has elapsed. This effectively blocks your route to possession, even if you have legitimate grounds.
Is a rent review clause still valid?
Contractual rent review clauses in existing fixed-term tenancies remain valid until the fixed term expires. After conversion to a periodic tenancy (or for any new periodic tenancy), rent can only be increased via Section 13 notice — once per year with at least 2 months' notice. Any clause attempting to circumvent Section 13 is unenforceable.
Can I require tenants to sign the updated agreement?
You cannot force an existing tenant to sign a new agreement. However, you can issue a variation letter or addendum and request their signature. If the tenant refuses, the Act's provisions override any conflicting clauses in the original agreement anyway.
Should I get legal advice before updating my agreement?
For a small portfolio, a well-drafted template from a reputable source (such as the NRLA or a specialist housing solicitor) is usually sufficient. For larger portfolios or complex tenancy arrangements (e.g. HMOs, company lets), instructing a solicitor to review your specific clauses is advisable.
Disclaimer: This article is for informational purposes only and does not constitute legal or financial advice. Legislation and regulations change frequently. Always consult a qualified solicitor or legal professional for advice specific to your circumstances.
