Clarity on Open Rent tenancy agreement and Renters Rights Bill

Landlord Discussion
1

Hi,

I wondered if someone could help please… the terms of the Open Rent tenancy agreement seem to be that both the tenant and landlord would have to give 2 months notice if they wanted to end the tenancy, this applies from day 1. After six months, the tenant only has to give 1 months’ notice, the landlord 2. And this is the same at or after the end of the fixed term of the agreement (which could be say 12 months).

With Renters Rights, from day 1, the tenant must give 2 months notice, at any point, however long they stay. Under the bill the landlord will not be allowed to make tenants leave under most grounds for the first 12 months - then do they need to give 2 or is it 4 months notice to the tenant if they did want to sell? I have read somewhere it was 4 months but it is unclear from the leaflet about Renters Rights (which I received myself as I am currently renting but have prospective tenants for another property).

2

Notice and qualifying periods vary across the different grounds. I would suggest you Google the new s8 grounds and check them out.

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3

@Susanna3

Search on ‘What’s happening to Section 8 Grounds for Possession in Renters’ Rights Act?’

And look at the page by the ‘independent landlord’ which explains the old and new s8 grounds.

New grounds 1a (selling up) is indeed 4 months notice by LL.

Under RRA Tenants have a right to give 2 months notice under RRA and cant be forced to give more. If LL and tenant agree they can give less and just as now could end a tenancy with a mutually agreed deed of surrender.

OR agreement referring to 6 months will be current T&C before RRA applies so any terms that are contrary to RRA will become void and unenforceable

Good luck

4

Thank you David and David for your help, much appreciated. I will look up section 8.

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5

Have the Open Rent tenancy agreements been updated to reflect all these changes?

6

Hi @Susanna3,

We haven’t updated the sample tenancy agreement onsite just yet.

You can read about how OpenRent is helping landlords stay compliant with the Renters’ Rights Act here:

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7

No need. They can stay as they are until 1st May as any rental will be an AST until then.

Only after 1st May can you sign the new APT.

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8

@Fiona39

The governments intention is for consistency with the transition process to avoid confusion. The intention is for any tenancy that starts before 1st May to remain as an AST. A LL is then legally required to serve the information sheet to the tenants which will convert the AST to an APT. The new APTs to start on 1st May onwards will already be compliant with the RRA so won’t require LLs to serve the information sheet. The industry as whole will not want to publish the new APTs too soon to prevent them being used before 1st May.

Hope that makes sense..

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9

Thanks for your comment, just not sure what to do here, for example the tenant wants a move in date of 27/04 - 01/05 depending on when her current agent confirms. So not sure why I would use the old AST in this case.

10

Hi @Fiona39,

Any tenancy agreements signed and/or starting prior to 1st May 2026 will use the old system and contract. The government’s Information Sheet will be served to tenants to explain the changes that will affect their tenancy as a result of the Renters’ Rights Act.

On 1st May 2026 we’ll update our contract templates to reflect the change from Assured Shorthold Tenancies (ASTs) to Assured Periodic Tenancies (APTs).

If you’re using Rent Now to set up your tenancy, you can refer to our blog post to see how OpenRent are helping landlords stay compliant.

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11

it really makes no difference to either party if she moves in prior to 1st of May and you use an AST. On the 1st it becomes a APT like it does for millions of others currently on an AST. If she moves in on or after the first, you sign an APT. No worries.

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12

You don’t need to worry about what to do. Once the moving in date is confirmed and input into the openrent rentnow system it will issue the legally correct tenancy agreement.

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13

All the above makes sense, but there is no doubt it is a confusing picture for tenants signing tenancy agreements at this time.

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14

@Susanna3 just give them a copy of the info leaflet about RRA published by the govt as you have to do legally and explain RRA overrides anything outdated in the TA so no fixed terms or break clauses.

Best

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