Written by Daniel Andrews, Partner & Solicitor, Cramp & Mullaney LLP
Last reviewed: April 2026
From 1 May 2026, the Assured Shorthold Tenancy ceases to exist as a legal form of residential tenancy in England. Every private residential tenancy that falls under the Housing Act 1988 will instead be an Assured Periodic Tenancy. If you currently have an AST, whether as a tenant or a landlord, your tenancy converts automatically to the new form on that date. This article explains what that means in practice.
What Was an Assured Shorthold Tenancy?
The AST has been the dominant form of private residential tenancy in England since it was introduced by the Housing Act 1988. Its defining feature was the fixed term, typically six or twelve months, during which both parties were bound by the agreement. At the end of the fixed term, the landlord could decline to renew and use Section 21 to recover possession without giving a reason. This gave landlords considerable flexibility and planning certainty, but it left tenants without security of tenure beyond the end of each fixed term.
What Is an Assured Periodic Tenancy?
An Assured Periodic Tenancy has no fixed end date. It runs from rental period to rental period, typically month to month, and continues indefinitely unless and until it is lawfully ended. A tenant can end the tenancy by giving two months’ written notice at any time, including from the very first day of the tenancy. A landlord can only end the tenancy by establishing one of the specific Section 8 grounds for possession and, if the tenant does not leave voluntarily, obtaining a court possession order.
This is not a novel concept. Scotland moved to a similar system in December 2017 when it replaced ASTs with Private Residential Tenancies. The experience in Scotland has generally been positive. The market adjusted, professional landlords who invest in their properties found the new regime workable, and tenants gained meaningful long-term security. That experience is a reasonable guide to what might be expected in England.
What Happens to Existing Fixed-Term Tenancies?
If you currently have a fixed-term AST that has not expired by 1 May 2026, it converts automatically to an Assured Periodic Tenancy on that date. Even if your fixed term was due to run until later in 2026, it becomes a rolling monthly tenancy from 1 May 2026. The conversion is automatic and requires no new paperwork from either party, though landlords must provide all existing tenants with the Government’s Renters’ Rights Act Information Sheet 2026 by 31 May 2026.
What This Means for Tenants
For tenants, the change to periodic tenancies is overwhelmingly positive. You can no longer be asked to leave simply because a fixed term has come to an end. You have the right to stay in your home indefinitely, subject only to the landlord establishing a proper legal ground for possession through the courts. At the same time, if you want to leave, you retain that flexibility. Two months’ written notice is all that is required, and it can be given at any time.
What This Means for Landlords
For landlords, the periodic tenancy model requires a different approach to property management. Without a fixed end date, there is no natural reset point at which to renegotiate terms, carry out significant works, or make decisions about the future of the property. Good tenant selection at the outset becomes more important than ever, as does maintaining the property well and dealing with any problems before they escalate. The Section 8 possession process is the route to recovery of the property when there is a legitimate reason, but it requires more planning and preparation than the old Section 21 accelerated procedure.
Landlords should also be aware that contractual rent review clauses, including provisions linking rent increases to RPI or CPI, become unenforceable from 1 May 2026. All rent increases must from that date be made using the Section 13 process and the new Form 4A with at least two months’ notice.
If you are a landlord or tenant in East Sussex and would like advice on how the Renters' Rights Act affects your situation, we would be happy to help. Cramp & Mullaney LLP has offices in Eastbourne at The White House, 97 South Street, Eastbourne, East Sussex, BN21 4LR and in Battle at 42A High Street, Battle, East Sussex, TN33 0EA. You can call our Eastbourne office on 01323 720581 or our Battle office on 01424 533222. We offer a fixed fee 30-minute initial consultation and act for both landlords and tenants across East Sussex and the wider South East.
This article is for general information only and does not constitute legal advice. If you need advice about your specific situation, please contact Cramp & Mullaney LLP on 01323 720581 (Eastbourne) or 01424 533222 (Battle), or email us at info@cmlaw.co.uk. We are authorised and regulated by the Solicitors Regulation Authority (SRA No. 598851).
