What happens to an existing AST?

For most private assured tenancies in England, the Renters’ Rights Act changed the legal framework from 1st May 2026. Existing written agreements did not automatically become worthless: terms that remain lawful can continue to apply, while conflicting provisions are overridden by the new legislation.

One important area to check is how much notice the tenant must give to end the tenancy. Some older agreements contain a one-month notice provision. The effect of that wording needs to be assessed alongside the new statutory rules; it should not be assumed that every tenant under an old AST can give only one month’s notice.

Why might a landlord consider a new APT?

A new, mutually agreed Assured Periodic Tenancy can be an opportunity to put all the relevant terms into a clear, up-to-date document.

In particular, the usual statutory tenant notice period under the new regime is two months, subject to any lawful shorter arrangement. Whether a new agreement changes the notice required in a particular case depends on the existing terms and how the replacement is structured.

Can a new APT be used to increase the rent?

Landlords should be particularly careful here. The Renters’ Rights Act introduced a statutory process for increasing rent during an assured periodic tenancy, generally using a section 13 notice (Form 4A), with at least two months’ notice and restrictions on frequency.

Do not assume that signing a replacement agreement at a higher rent avoids those rules. The correct approach depends on whether the arrangement is legally a continuation or a genuinely new tenancy and on the applicable statutory restrictions.

Could a new tenancy affect possession rights?

Potentially, yes. The revised possession framework includes restrictions on using certain grounds early in a tenancy, including grounds relating to a landlord or qualifying family member moving in and an intention to sell.

Whether those restrictions restart when a replacement agreement is signed is a question that depends on the legal nature of the arrangement and the statutory provisions. If you expect to sell or move into the property, take advice before entering into a new tenancy agreement.

So, should you issue a new agreement?

For many landlords with an existing, written AST, the sensible starting point is to keep the current agreement and check that its ongoing terms are compliant. A new APT may still be helpful if there is a genuine need to clarify or update the terms and both parties are happy to proceed.