Tenants are being warned of a costly 'two-home trap' after major changes to renting laws have come into force. Since the Renters' Rights reforms came in three months ago, a property law expert says that practical problems are now beginning to emerge.
The Renters' Rights Act received Royal Assent in October 2025, with most of its tenancy reforms taking effect on May 1, 2026. Some of the major changes provide better protection for private renters, including the end of Section 21 'no-fault' evictions and the replacement of shorthold tenancies with rolling periodic tenancies.
Two-month notice period and rent due dates
Jordan Kluth, legal housing expert at John Fowlers, is now warning renters of the 'biggest headaches' that may only become apparent when renters decide to leave their tenancy. He says that a 'two-home trap' could leave them paying rent on both their old and new homes at the same time.
Under the new rules, tenants ending a periodic tenancy will need to provide two months' notice, unless an existing agreement or another arrangement allows for a shorter period. Tenants following the new notice rules must also time their notice around the day their rent is due.
“There is no argument that this legislation provides greater protection for tenants, but we are now beginning to see some of the practical problems that can arise when tenants come to give notice on their property,” Jordan said. “For tenants who are required to use the new notice procedure, the notice period is now two months, and the timing of that notice is linked to when the rent is due.”
How the trap can catch renters
“For example, if rent is due on the 15th of each month, a tenant who decides on the 1st that they want to leave cannot simply assume that their two months starts running from that day. If the dates do not line up and an agreement cannot be reached with the landlord, they could find themselves having to pay for two properties during the overlap. That can turn what already tends to be an expensive time into a significant and unexpected financial hit,” he said.
Jordan said renters should check exactly when their tenancy can end before committing to a start date on another property. “Do not simply assume that giving notice today means you will be free of the tenancy exactly two months from today. Check when your rent is due, what notice provisions apply to your tenancy and work backwards from there. Where possible, speak to the landlord before committing to the new property because an earlier end date can be agreed,” he said.
Landlords still have eviction powers
Jordan also warned that the abolition of Section 21 does not mean landlords have lost the ability to evict tenants. He said: “Landlords must now have a recognised legal ground for doing so. Rent arrears are one important example, while other breaches of a tenancy can also potentially lead to possession proceedings.”
“The legislation has also created a greater number of compulsory steps and requirements that landlords need to understand before and during a tenancy. For professional landlords, dealing with regulatory requirements is part of running the business. But for somebody with just one or two rental properties, the amount they need to understand can feel overwhelming,” he added.
“The Renters' Rights Act has undoubtedly strengthened protection for tenants, but as the new system beds in, we are also beginning to see the practical consequences for both sides. For renters, the simplest lesson is this: before signing for your next home, make absolutely sure you know when you stop paying for the old one,” he concluded.
