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England · Renters' Rights Act 2025

Tenancy agreements in England: what one must include after the Renters' Rights Act

Short answer: since 1 May 2026, every new private tenancy in England is an assured periodic tenancy: no fixed term, and no section 21. You must give the tenant the written terms before the tenancy is agreed, and a written tenancy agreement does that job if it covers every item the regulations require. Old assured shorthold (AST) templates with fixed terms and section 21 clauses are out of date. Missing the written terms can mean a fine of up to £7,000.

What is a tenancy agreement?

A tenancy agreement is the contract between a landlord and tenant setting out the terms of the let: who the parties are, the property, the rent, the deposit, and what each side must do. People also call it a lease, rental agreement or tenant agreement form; for a home in England they all mean the same thing.

The law gives tenants rights whatever the agreement says. A clause that tries to take those rights away, such as a fixed term the tenant can't leave or a no-fault eviction clause, has no effect.

What changed on 1 May 2026

The Renters' Rights Act 2025 ended assured shorthold tenancies. Every existing AST converted to an assured periodic tenancy, and every new one starts that way. For the agreement, that means:

  • No fixed term. The tenancy rolls on until the tenant gives notice or you get possession on a ground.
  • No section 21. Section 21 is abolished; possession needs a Section 8 ground.
  • Rent increases go through a Section 13 notice, about once a year. Rent review clauses no longer work.
  • Rent in advance is limited to the first month.
  • Pets: a tenant can ask in writing, and you must reply within 28 days and can't unreasonably refuse. See pets in rental properties.

Do you need a written tenancy agreement?

You must give the tenant a written statement of terms before the tenancy is agreed (Housing Act 1988, section 16D). A written agreement counts as that statement if it contains every item the regulations list; otherwise you give the statement as a separate document as well.

In practice, a written agreement signed by everyone is the clearest record of what was agreed, and the first thing a tribunal or court will ask to see. Electronic signatures are fine for a tenancy agreement.

What a tenancy agreement should include

These are the items required by the written statement regulations, plus the practical terms most agreements cover:

  • The parties: every landlord and tenant by name, and any guarantor.
  • An address for notices: an address in England or Wales where the tenant can serve notices on you.
  • The property and the date the tenancy starts (when the tenant can first move in).
  • Rent: the amount, when and how it's paid, and how increases work under section 13.
  • Bills the tenant pays to you, if any, such as council tax or utilities.
  • The deposit: the amount (capped at 5 weeks' rent, or 6 if annual rent is £50,000 or more) and when deductions can be made. You must protect it within 30 days and give the prescribed information.
  • Tenant's notice to leave: no more than 2 months.
  • Statements the regulations require on possession, fitness for human habitation, repairs, electrical and gas safety, disability adaptations and pets.
  • Prior notice of possession grounds you may rely on later, such as Grounds 4 and 4A for student HMOs. Without it some grounds carry a fine risk, and Ground 4A can't be used at all.
  • Day-to-day terms: who can live there, access for repairs and inspections with notice, subletting, smoking, and the condition the property must be returned in.

What you can't put in it

  • A fixed term, a minimum stay the tenant can't leave before, or a break clause in your favour.
  • A section 21 or other no-fault ending.
  • Automatic rent increases or rent review clauses.
  • Banned fees under the Tenant Fees Act 2019, such as charges for referencing, check-in or renewing.
  • A requirement to pay more than one month's rent in advance.
  • A blanket “no pets” or “no benefits” rule.

Which agreement fits your let?

  • Whole property: one tenant, a couple or a family renting the whole house or flat.
  • Joint tenancy: sharers on one agreement, each responsible for the whole rent (“jointly and severally liable”).
  • Room only: each tenant rents a room in an HMO with shared facilities, on their own agreement.
  • Lodger: someone renting a room in the home you live in is usually a licensee, not an assured tenant, so the periodic tenancy rules don't apply in the same way.
  • Company let: a tenancy to a company isn't an assured tenancy, because an assured tenant must be an individual.

Old AST templates and Word files

There's no official GOV.UK tenancy agreement for the new periodic tenancies: the old model shorthold agreement has been withdrawn. Many free agreements and Word files online still have fixed terms, section 21 clauses and rent review clauses written in. Using one won't create a fixed term or let you serve section 21; those clauses just don't work, and the agreement may still leave out items you're legally required to give. Check any template against the list above, and have a solicitor review it if you're unsure.

FAQ

Is there an official tenancy agreement template?

No. GOV.UK's old model assured shorthold tenancy agreement has been withdrawn, and there's no official model agreement for the assured periodic tenancies that started on 1 May 2026.

Can I still use my old AST tenancy agreement?

Existing written tenancies converted automatically on 1 May 2026; you didn't need a new agreement, but you had to give tenants the government's Information Sheet. For a new tenancy, don't reuse an old AST template: its fixed-term and section 21 clauses no longer work, and it may not include everything the written statement regulations require.

Can a tenancy agreement have a fixed term?

Not for a private assured tenancy in England from 1 May 2026. Tenancies are periodic, the tenant can leave with up to 2 months' notice, and you can only end the tenancy on a Section 8 ground.

Does a tenancy agreement need to be signed by both sides?

Signing isn't what makes the tenancy exist, but a signed agreement is the best evidence of the terms. Electronic signatures are valid for tenancy agreements.

What happens if I don't give a written tenancy agreement?

If you don't give the written statement of terms before the tenancy is agreed, the council can fine you up to £7,000. A continuing or repeat breach can lead to prosecution or a penalty of up to £40,000.

Is a tenancy agreement the same as a lease?

For a home let in England, people use the words interchangeably. A tenancy agreement is a lease of residential property; 'lease' more often means a long lease or a commercial lease.

Sources

Disclaimer: This guide is general information for UK landlords, not legal or financial advice. Law and practice change — always confirm the current position, and take advice on anything that matters. General guidance for private tenancies in England, not legal advice, checked on 4 November 2026. Wales, Scotland and Northern Ireland have different tenancy law. Have a solicitor check your agreement if you're unsure it meets the current rules.

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