How the Renters’ Rights Act Affects Existing South West Tenancies - Are you ready?
What landlords across the South West need to know now - With the forthcoming Renters’ Rights Act set to reshape the private rented sector, much of the media focus has centred on new tenancies. The real question however is - What landlords across the South West need to know now for existing tenancies?
With the forthcoming Renters’ Rights Act set to reshape the private rented sector, much of the media focus has centred on new tenancies. However, for landlords across the South West, the real question is:
What happens to my existing tenancies?
The answer is: a great deal.
This article outlines how the changes are expected to affect current assured shorthold tenancies (ASTs), where landlords may fall foul, and how to prepare strategically.
1. Fixed Terms Will Convert to Periodic
One of the most significant structural changes is the abolition of fixed-term assured shorthold tenancies. Once the Act is implemented, existing ASTs are expected to convert into periodic tenancies.
What this means for landlords:
- You will no longer be able to rely on a fixed end date.
- Tenants will be able to give notice more flexibly.
- Contractual clauses tied to “end of term” events may become unenforceable.
For landlords in seasonal or student-heavy areas, this shift could materially affect planning cycles and portfolio forecasting.
Strategic point: Review tenancy agreements now. Identify clauses that rely on fixed terms and prepare updated documentation. Ensure you are aware of the "written statement" and monitor the progress, so that you are ready to issue between 1st May 2026 - 31st May 2026.
2. Section 21 Will Be Abolished — Even for Existing Tenancies
The removal of the “no-fault” eviction process under Section 21 of the Housing Act 1988 is perhaps the most widely discussed reform.
Importantly, this will not only apply to new tenancies. Existing ASTs will also transition into the new regime.
Implications:
- You will need to rely on strengthened Section 8 grounds.
- Grounds for possession will require evidence.
- Timelines may lengthen if contested.
Landlords currently tolerating low-level arrears or ongoing breaches “because we can serve a Section 21 later” should reconsider that position.
Risk area: Waiting until after implementation may remove your current options.
3. Stronger Tenant Rights to Challenge Rent Increases
Periodic-only tenancies will mean rent increases are typically handled through statutory mechanisms rather than renewal negotiations.
Tenants will have greater ability to challenge increases at tribunal.
For South West landlords operating in high-growth markets, this introduces a need for:
- Clear market evidence
- Comparable property data
- Professional valuation alignment
Practical advice: Ensure your rent increases are data-backed, proportionate, and well-documented.
4. Compliance Will Be Under Greater Scrutiny
The new regime is expected to strengthen enforcement, introduce a landlord database, and tighten property standards.
For existing tenancies, this means:
- Historic compliance gaps may become exposed.
- Documentation (EPCs, gas safety, EICRs, deposit protection) must be watertight.
- Local authority enforcement likely increase as increased powers have been granted.
Many South West councils already operate selective or additional licensing schemes. The direction of travel is clear: compliance tolerance is shrinking.
Key message: What was “good enough” five years ago will not be defensible going forward.
5. Possession for Sale or Moving Back In — But With Conditions
The proposed reforms include strengthened grounds for landlords who genuinely need to:
- Sell the property
- Move themselves or family members into it
However, restrictions apply, including protected periods at the start of tenancies and limitations on re-letting after use of certain grounds.
For landlords considering portfolio restructuring or exit, timing will be critical.
6. Cultural Shift: From Tenancy Management to Relationship Management
Perhaps the biggest change is not legal — it’s behavioural.
The South West rental market has historically included many “accidental landlords” or small portfolio holders. Under the new framework, reactive management will carry higher risk.
Landlords will need:
- Structured arrears processes
- Clear communication trails
- Professionalised management systems
- Early intervention strategies
Those who adapt will remain profitable and stable. Those who delay may find themselves exposed to longer voids, contested possession claims, or enforcement action.
Where South West Landlords May Fall Foul
Based on current trends, common risk areas include:
- Informal rent increases not properly served
- Outdated tenancy agreements
- Poor record-keeping
- Delayed action on arrears
- Assuming “existing tenancy” means “existing rules”
It doesn’t.
Final Thought: Preparation Equals Leverage
The Renters’ Rights Act is not simply a tenant-rights bill — it is a structural reset of the private rented sector.
For landlords across the South West, the question is not whether it will affect existing tenancies.
It will.
The real question is whether you transition strategically — or reactively.
Now is the time to:
- Audit your portfolio
- Review agreements
- Assess arrears exposure
- Check compliance documentation
- Take professional advice
The landlords who prepare early will retain control, reduce risk, and protect yield.
If you would like a full tenancy audit ahead of implementation, our team would be happy to advise.
You can contact the Paulton office on (01761) 412 300 or the Wells office on (01749) 672 678.
