What happens on 1 May 2026 to existing custom clauses in a AST? Are they automatically carried over, or is it worth getting tenant to sign off them (again)? If so, how? Thanks
Your existing contract stands, unless anything in it contradicts the new rules, in which case the new rules take precedent.
you’ll have to tell us specifically what your custom clauses are before we can comment on whether they will stand under the RRA
They are carried forward just like all the other contract clauses. No need to re-sign those either. The whole point of RRA transitional arrangements is to avoid LLs and tenants having to do unnecessary re-signing of existing tenancy arrangements and being charged by letting agents and lawyers
But if they are contrary to the RRA they become null and void and unenforceable (and if you try to enforce them you face a large fine).
So eg if you have a clause automatically increasing the rent by CPI or requiring more than 2 months notice, those are contrary to RRA and become null and void. If you have a clause about cleaning in the communal area (say) it won’t.
That said if you are using Openrent Rent Now it is free to ‘renew’ a tenancy agreement and remove any custom clauses if you want to, so you could do that to make it crystal clear to tenant that you will no longer be increasing rent automatically by CPI (etc).
Good luck
Thank you for everyone’s replies. I doubt very much that there is anything in the existing custom clauses that would contravene the RRA. They are fairly mundane: landlord is not obligated to replace non-fitted appliances, tenant MUST read the rental information package (that I have painstakingly constructed over the years to help tenants, but they still ask ‘when is rubbish day’!); rent includes internet and water.
BUT, I would like to add another (along the lines of ‘the landlord retains to right to store some items in the shed’ etc), that was previously implicit in the inventory that tenants signed off on, but which I now have cause to think needs to be made explicit in the custom clauses. So how to add extra clauses under the RRA?
Thanks again
@Barry2 you add custom clauses exactly the same as before. You either amend the existing AST via a legal doc (a ‘deed of variation ‘) which has to be signed by all parties, or you have a new AST with a new set of custom clauses.
If you are using Rent Now OR allows the contract to be ‘renewed’ any time for free.
Again this us nothing to do with being ‘under RRA’ or not.
Do you need to access the shed? Do you have additional clauses that allow you access to the garden? How does this affect the tenants right to quiet enjoyment?
Just curious how this works in practice.
Its a once in a blue moon thing, thats all. I give the tenant weeks of notice. More about storing a few things than accessing them.
You can add that clause exactly as before — either a deed of variation signed by everyone or a new AST with the extra wording; the RRA transitional arrangements don’t stop you adding reasonable, non‑contradictory clauses. Be clear it’s storage only, set size/time limits, say you won’t access without notice, and cover insurance/liability in the clause and inventory, etc Do make sure its worded plainly so there’s no ambiguity.