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Tenancy agreements and assured periodic tenancies after the Renters' Rights Act

The Renters' Rights Act 2025 reshaped how private tenancies in England begin, run and end. If you are letting a property or renting one, the old assured shorthold tenancy (AST) you may remember has gone, and a written agreement built around it is now out of date. This guide explains what your tenancy agreement should still cover and how the new assured periodic tenancy (APT) works in plain English. Last reviewed: 30 May 2026.

What changed on 1 May 2026

From 1 May 2026 the Renters' Rights Act 2025 is in force. The headline change is that all assured shorthold tenancies have converted to assured periodic tenancies. Fixed-term ASTs - the familiar "12-month tenancy" - are no longer the norm for new lets. If you signed an AST before that date, it has automatically become an assured periodic tenancy; you do not need to re-sign anything for the conversion itself to take effect.

This is a significant reform, so it is worth checking the current government guidance for the detail that applies to your situation. The general starting points are renting out a property for landlords and private renting for tenants. For a fuller landlord walkthrough, see our Renters' Rights Act guide for landlords.

How an assured periodic tenancy works

An assured periodic tenancy is open-ended rather than locked to a fixed term. The key mechanics under the new regime are:

  • It runs on monthly periods. Rather than ending on a set date, the tenancy rolls from one monthly period to the next.
  • The tenant can leave with two months' notice. A tenant who wants to move on gives two months' notice to end the tenancy.
  • There is no fixed-term lock-in. Because fixed terms are no longer the default, the long minimum commitment that ASTs often imposed has gone.

For landlords, the practical effect is that the tenancy continues until it is ended properly by one side or the other, rather than expiring on a calendar date. If any detail of notice periods or process is unclear for your circumstances, check the current guidance on gov.uk rather than relying on an older tenancy template.

The end of Section 21 "no-fault" eviction

Section 21 - the "no-fault" route that let a landlord end an AST without giving a reason - has been abolished. Possession is now sought only through the Section 8 grounds process, using the new Form 3A. There are 37 grounds in total: 20 mandatory and 17 discretionary. Which ground applies, and the evidence and notice it requires, depends entirely on the circumstances, so this is not something to improvise.

We cover the routes and what each ground means in our Section 8 grounds explained guide. For the current possession procedure, the grounds and the correct forms, always work from the live guidance on gov.uk rather than an older template, as the detail can change.

Renting and bidding: what is now banned or capped

Two changes affect how a tenancy is set up at the start:

  • Bidding wars are banned. Inviting or encouraging prospective tenants to offer more than the advertised rent is no longer allowed.
  • Rent in advance is capped at one month. A landlord or agent cannot require more than one month's rent up front.

These sit alongside the existing rules on what you can and cannot charge a tenant under the Tenant Fees Act 2019. If you are unsure whether a particular up-front payment is allowed, treat the cap as the firm limit and check the current detail on gov.uk before asking for it.

What your written tenancy agreement should cover

A tenancy can exist without a written agreement, but a clear written one protects both sides and avoids arguments later. Even under the new regime, a good agreement still sets out the basics:

  • The parties - the full names of the landlord (or the agent acting for them) and every tenant.
  • The property - the address and exactly what is included (for example, parking, a garden, or shared areas).
  • The rent - how much, when it is due, and how it is paid.
  • The deposit - how much it is and how it is protected. Deposit protection is a legal requirement with strict deadlines, covered in our deposit protection guide.
  • Repairing responsibilities - who is responsible for what, within the limits the law sets.
  • House rules - practical matters such as pets, smoking, subletting and keeping the property in good order.

The crucial point is that the agreement cannot contract out of the statutory regime. A clause that tries to remove a tenant's statutory rights, reinstate a Section 21 route, or impose a fixed term that overrides the new rules will not be enforceable just because both parties signed it. The law sits on top of whatever the agreement says.

Why old AST templates are a problem

If you are reusing a tenancy template from before May 2026, check it carefully. Old AST templates that reference Section 21, fixed terms, or the pre-reform notice routine are now out of date and should not be used. At best the offending clauses are simply unenforceable; at worst, relying on them could cause a costly mistake when you come to recover possession or end the tenancy. It is safer to start from a current, compliant agreement than to patch an old one.

Discrimination and the wider rules

Whichever route you take to set up a tenancy, the usual protections still apply. You must not discriminate against prospective tenants on protected grounds under the Equality Act 2010, and how you advertise and describe a property is also subject to fair-marketing duties under the Digital Markets, Competition and Consumers Act 2024. If you handle tenant data, you have obligations under UK data protection law - the Information Commissioner's Office is the place to check.

Separately, many areas operate selective or additional landlord licensing. Whether a licence is needed is set by the local council, so check yours rather than assuming - requirements vary from one area to the next, and there is no single national answer.

Listing or letting with Domovita

Whether you manage a let yourself or bring in a local agent, both work well on Domovita. If you would rather hand over the paperwork, notices and compliance side of a tenancy, a good local letting agent does this day in, day out and will use current agreements as a matter of course. If you prefer to handle it yourself, build from an up-to-date, compliant tenancy agreement and keep the live gov.uk guidance to hand. Either way, the new assured periodic tenancy regime applies - the choice is simply who does the work.

This guide is general information, not legal advice. Tenancy law carries real consequences when it goes wrong, so for anything specific to your property or circumstances, check the current guidance on gov.uk or take professional advice before you act.

Frequently asked questions

Do I need to re-sign anything now my AST has become an assured periodic tenancy?

No. From 1 May 2026 all assured shorthold tenancies converted automatically to assured periodic tenancies, so the conversion itself does not require a new signature. That said, an agreement that still references Section 21 or a fixed term is out of date, so it is worth replacing the document with a current, compliant one. Check the latest guidance at gov.uk.

How does a tenant end an assured periodic tenancy?

An assured periodic tenancy runs on monthly periods, and a tenant who wants to leave gives two months' notice. Because the tenancy is open-ended rather than fixed, there is no set expiry date - it continues until properly ended. For the current process detail, see the private renting guidance on gov.uk.

Can a landlord still use a Section 21 no-fault eviction?

No. Section 21 has been abolished. A landlord seeking possession now uses the Section 8 grounds process with the new Form 3A. There are 37 grounds in total - 20 mandatory and 17 discretionary - and the right one depends on the circumstances. Our Section 8 grounds explained guide covers the routes, and you should work from the live procedure on gov.uk.

How much rent in advance can a landlord ask for now?

Rent in advance is capped at one month under the Renters' Rights Act regime, and bidding wars - encouraging offers above the advertised rent - are banned. If you are unsure whether a particular up-front payment is allowed, treat one month as the firm limit and check the current rules on gov.uk before asking for more.

Does my written tenancy agreement still matter if the law sits on top of it?

Yes. A clear written agreement still sets out the parties, the property, the rent and how it is paid, the deposit, repairing responsibilities and house rules, and it protects both sides if there is a dispute. What it cannot do is contract out of the statutory regime - a clause that tries to remove a tenant's statutory rights or reinstate an abolished route will not be enforceable just because it was signed.

Do I need a licence to let my property?

It depends on where the property is. Selective and additional landlord licensing is set by the local council, so you need to check the rules for your specific area rather than assume - requirements vary from one council to the next and there is no single national answer.

General information, not legal advice. This guide explains the rules in plain English and is kept under review, but the law changes and every situation is different. Always check the current position on the official gov.uk pages linked above, and take professional advice - a solicitor, conveyancer, accountant, or your local council as appropriate - before relying on it for a specific decision.