Tenancy Agreements: A Guide for Landlords in England

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Tenancy Agreements: A Guide for Landlords in England

A tenancy agreement is one of the most important documents in any rental arrangement. It establishes the terms of occupation and sets out the rights and responsibilities of landlords and tenants.

Following the Renters’ Rights Act 2025, the rules governing private tenancies in England have changed significantly. This guide explains Assured Periodic Tenancies (APTs), the information landlords should provide and the other types of tenancy that may apply.

Key change: From 1st May 2026, Assured Periodic Tenancies replaced Assured Shorthold Tenancies as the standard arrangement for most private residential lettings in England.

What is a tenancy agreement?

A tenancy agreement is a legally binding contract between a landlord and tenant. It sets out the conditions under which the tenant may occupy the property, including rent, responsibilities and practical arrangements.

Although tenancies can sometimes arise verbally, landlords must provide prescribed information in writing for new assured tenancies. A comprehensive written agreement also helps prevent misunderstandings and provides a record of what has been agreed.

What is an Assured Periodic Tenancy (APT)?

An APT is now the standard tenancy for most privately rented homes in England. Unlike the former fixed-term AST arrangements, an APT continues on a rolling basis, usually monthly, without a predetermined end date.

It will generally apply where the property is the tenant’s main home and the letting meets the statutory conditions for an assured tenancy.

1

No fixed end date

The tenancy continues periodically rather than ending after an initial six or twelve-month term.

2

Tenant notice

For new APTs, tenants generally give two months’ written notice unless a shorter period is agreed in writing. Transitional arrangements may apply to older tenancies.

3

Landlord possession

Landlords must use a valid statutory ground for possession, follow the applicable notice procedure and obtain a court order where required.

4

Rent increases

Rent increases generally follow the statutory Section 13 process, no more than once a year, with the prescribed notice and at least two months’ warning.

Important: New assured tenancies cannot have an enforceable fixed end date. A clause that conflicts with statutory tenancy rights will not override the legislation.

What should an APT agreement include?

A properly drafted agreement should cover the arrangements for the letting and reflect current legislation.

  • Parties and addresses: Names of the landlord and tenants, the property address and an address for serving notices.
  • Tenancy start: The date the tenant is entitled to occupy the property.
  • Rent: The amount, payment frequency, due dates and payment arrangements.
  • Deposit: The amount payable and applicable protection requirements.
  • Responsibilities: Repairs, maintenance, cleanliness, utilities and relevant safety arrangements.
  • Use of the property: Occupation, subletting, alterations and any lawful property-specific conditions.
  • Access: Reasonable arrangements for inspections and repairs, respecting statutory requirements and quiet enjoyment.
  • Ending the tenancy: The applicable notice and possession procedures.
  • Prescribed information: The written information required by the relevant regulations.
Written information is mandatory. For new assured tenancies created from 1 May 2026, landlords must give tenants prescribed written information before the tenancy is agreed. It may be included in the agreement or supplied separately. Read the GOV.UK guidance.

What happened to Assured Shorthold Tenancies (ASTs)?

Before 1 May 2026, ASTs were the most common private tenancy type in England. They often had fixed terms of six or twelve months, and landlords could previously use the Section 21 process to seek possession without proving a statutory ground.

Under the Renters’ Rights Act 2025, most existing ASTs became APTs automatically on 1 May 2026. Section 21 was abolished, subject to transitional arrangements for certain existing notices and proceedings.

Do existing agreements need replacing? Generally, no. A written AST did not need replacing solely because of the reforms, although statutory changes still apply. Landlords were generally required to provide existing tenants with the government’s Renters’ Rights Act Information Sheet by 31 May 2026. Different rules applied to wholly verbal agreements and certain transitional cases.

Read more: Should landlords issue a new Assured Periodic Tenancy? →

Older agreements should still be reviewed, as clauses that conflict with current law may no longer be enforceable.

Other types of tenancy and occupation agreement

Not every residential letting falls within the assured tenancy system. The correct document depends on the property, the parties and the circumstances.

Agreement type When it may apply
Non-Assured Tenancy Certain residential lettings that fall outside the statutory assured tenancy conditions.
Company Let Where a company is the tenant. A company cannot itself hold an assured tenancy.
Lodger Agreement Where an occupier lives in the landlord’s home, often sharing accommodation, with different occupation and possession rights.
Regulated Tenancy Older tenancies, generally dating from before 15 January 1989, with different protections.
Student Accommodation Some qualifying purpose-built student accommodation is outside the assured tenancy regime; ordinary student houses may still be APTs.

The label on an agreement does not determine its legal status. The actual letting arrangement and applicable legislation do.

Why is a properly drafted tenancy agreement important?

A clear agreement helps everyone understand their responsibilities, provides evidence of agreed arrangements and can reduce disputes over rent, repairs, access, alterations and the property’s condition.

Outdated templates may include invalid fixed-term provisions, obsolete possession clauses or prohibited charges. Agreements should be reviewed whenever relevant legislation changes.

Good practice: Ensure that any special conditions are clear, lawful and consistent with the main agreement and the tenant’s statutory rights.

Frequently asked questions

Can I still offer a six or twelve-month fixed-term assured tenancy?

No. New assured tenancies operate periodically without a fixed end date.

Can a tenant leave shortly after moving in?

Yes. A new APT does not require the tenant to remain for a minimum fixed term. The usual tenant notice period is two months, unless a shorter period is agreed in writing.

Can I increase the rent?

Yes, subject to statutory restrictions. Increases generally use the Section 13 procedure and cannot take effect more than once a year.

Do I need a solicitor to prepare an agreement?

Not generally, but the document must comply with the law. A professionally prepared agreement can help avoid common drafting mistakes.

Can I add special conditions?

Yes, provided they are lawful, fair and do not override statutory rights.

Property Administration Services

Need a tenancy agreement for your property?

At The Online Letting Agents, we offer a convenient tenancy agreement service for landlords who would prefer assistance with the paperwork.

Whether you are arranging a new letting or reviewing your documentation, our property administration services can help you get started.

View Our Tenancy Agreement Services →

Official guidance and further reading

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Information prepared for private residential lettings in England, October 2026. This guide is general information, not individual legal advice.