Renters’ Rights Act: your questions answered by an expert

In the last month, there have been seismic changes to the rental market – as well as a fundamental shift to how private tenancies work in England.

And despite the Renters’ Rights Act being years in the making, landlords have still been left with questions on how the Act will work in practice.

That’s why we asked our landlord readers for their burning questions about the new legislation. And in collaboration with legal experts ARAG law, we’ve answered them.

1. How do buy-to-let companies end a tenancy?

“How can a buy-to-let company end a tenancy after May if the property isn’t being sold? For example, if the ‘owner’ wanted to move in as the landlord of the company?” Michele, Yorkshire and the Humber

Assuming that you, as a landlord, are the buy-to-let limited company, you can’t evict a tenant simply because the director, shareholder, or ‘owner’ of the business wants to move in.

Technically, if you’re the owner of a limited company, you could sell the property to yourself, but you would need legitimate proof that a sale is happening.

To use this as grounds for an eviction, you’ll likely need to show the court instructed solicitors, conveyancing documents, and perhaps an agreement in principle for a personal mortgage.

You’ll also have to give the tenant a mandatory four months’ notice, which can’t be given within the first 12 months of their tenancy. And if you complete the sale, you may need to pay the associated taxes (stamp duty land tax for you, potential corporation tax or capital gains for the company, plus legal fees).

This is why a mutual surrender (mutual end of the tenancy) is an option to consider. This is when you offer the tenant a financial incentive to agree to end the tenancy. But remember the tenant is under no obligation to accept the offer.

2. What’s the notice period when selling your property?

“If you want to sell a property, how much notice do you give a tenant? And how does the eviction process work?” Rod, South East and Peter, North East

You’ll need to serve a Section 8 notice under Ground 1A with four months’ notice. The expiry date specified in the notice can’t be less than one year from when the tenancy started.

Because you’re now relying on a mandatory fault-based ground (Ground 1A), the eviction process requires strict adherence to legal procedure. If the tenant doesn’t leave voluntarily after your notice, you’ll have to prove your case in court.

You can’t physically force a tenant out yourself. If they stay, you must apply to the County Court for a possession order.

Because Ground 1A is a mandatory ground, the judge must grant you possession – but only if you provide sufficient evidence that you genuinely intend to sell (such as instructing an estate agent or solicitor, for example).

3. Can I still use my old tenancy agreement?

“I’m still using the original assured shorthold tenancy agreement rolling over with my tenants who moved into one of my properties in 2017. Is this okay or should I be doing something else?” Jeremy, London

All existing assured shorthold tenancies will automatically convert to periodic tenancies. While you don’t need a new contract, the law requires you to formally notify your tenants about how their rights have changed.

All you need to do is supply your tenant with the Renters’ Rights Act Information Sheet 2026 by 31 May 2026.

But remember, if your contract includes any of the following features, they’ve become unenforceable:

Section 21 evictions
rent review clauses
notice periods longer than two months

If your current agreement is verbal, you’ll need to provide your tenant with a written statement of terms (the deadline for this was on 31 May).

4. Does the Renters’ Rights Act apply to short term lets?

“Does the Renters’ Rights Act apply to us when we only rent to tenants for six months every year when we travel? Is there an exemption for renting out your only residence or are we forced down the short-term let route?” Karen, South East

Yes, the Renters’ Rights Act applies to you – and your current six-month rental model isn’t possible under the new laws. If you need to guarantee your home is empty for the six months you’re not traveling, you’ll need to use a licence to occupy. This is the legal mechanism used by platforms like Airbnb.

A licence to occupy doesn’t fall under the Renters’ Rights Act. Guests don’t get tenancy rights, they can’t legally overstay, and you have more control over exactly when they leave.

Just make sure you’re following all the guidelines of running a short-term let and using a license to occupy correctly.

5. Can you still use fixed terms in your tenancy agreement?

“If I give a fixed three-month contract, do the tenants have any right to stay at the end?” Nichola, North West

Yes, they have every right to stay, because a three-month fixed residential tenancy no longer legally exists.

Under the Renters’ Rights Act, attempting to give a tenant a three-month contract will not protect you or force them to leave when the three months are up. This is because all tenancies are now periodic and have no fixed end date.

6. How does renting out your main residence work?

“We’re looking to rent our house and travel abroad for some years. Under the new restrictions, can we agree to a fixed term tenancy? If not, how much notice do we have to give to end the tenancy? And if they don’t leave the property, how do we get access to it?” Mark, South West

Under the new laws, fixed-term contracts have been entirely abolished and replaced with periodic tenancies – which have no fixed end date.

Because you intend to move back into the property as your main residence, you’re legally permitted to use Ground 1 (landlord moving in) under the Section 8 rules.

You must give the tenant at least four months’ written notice. But there’s a slight catch – tenants are granted a protected period for their first year.

You can’t legally evict a tenant under Ground 1 during the first 12 months of their tenancy.

Because you’re traveling for “some years,” this 12-month restriction likely won’t affect you, but you must factor the four-month notice period into your return planning.

If your four-month notice expires and the tenant refuses to leave, you must follow the strict legal eviction pipeline. Apply to the court for a possession order, wait for the court date, and if they still don’t leave, you’ll need court-appointed bailiffs to remove them.