The Renters' Rights Act 2025 replaced the Assured Shorthold Tenancy with the Assured Periodic Tenancy from 1 May 2026. This guide explains which tenancy agreement template you need, what must be in it, and how to avoid the procedural mistakes that void it.
What you need to know
The Assured Shorthold Tenancy (AST) is no longer used for new tenancies in England from 1 May 2026
The new statutory replacement is the Assured Periodic Tenancy (APTA) under the Renters’ Rights Act 2025
Existing ASTs converted automatically — landlords do not need to re-paper existing tenants
Wales and Scotland use different frameworks (Renting Homes Wales 2016 and Scottish PRT respectively) — England-only templates do not apply
Fixed terms are abolished — including a fixed-term clause in a new tenancy is a civil offence
Existing AST that started before 1 May 2026: Keep the existing agreement and follow the transition rules in the Renters’ Rights Act hub.
Lodger arrangement: Use a lodger licence, not an assured tenancy agreement.
Holiday let or short-term let: Use a holiday letting agreement, not an assured tenancy agreement.
Tenancy where rent exceeds £100,000 per year: This is outside assured tenancy scope and needs a different contract structure.
Tenancy in Wales or Scotland: Use the relevant local framework and local template, not an England-only agreement.
What changed on 1 May 2026
From 1 May 2026, landlords in England can no longer grant a new Assured Shorthold Tenancy (AST). The AST regime was abolished for new tenancies and replaced by the Assured Periodic Tenancy (APTA) under the Renters’ Rights Act 2025.
Any fixed term clause in a new tenancy is void. All new tenancies run as periodic tenancies by statute. Including a fixed-term clause in a post-commencement tenancy is not just ineffective — it can also expose the landlord to civil enforcement.
Section 21 was abolished. Possession now requires a valid Section 8 notice citing a statutory ground, so your tenancy agreement wording must align with the new possession framework.
What to look for in a UK tenancy agreement
A compliant tenancy agreement should be drafted for the post-1 May 2026 legal framework and should include the following core protections and clauses:
Periodic structure: The tenancy should be expressly periodic and should not include a fixed-term grant.
Mandatory written terms: The agreement should set out rent, payment frequency, deposit amount, property details, and core rights and obligations in writing.
Deposit clause: The clause should match tenancy deposit scheme obligations and prescribed information requirements.
Section 13 rent review: Any rent increase mechanism should be consistent with the statutory Section 13 process.
Pet provisions: Clauses should reflect the tenant’s right to request a pet and the landlord’s duty to consider requests reasonably.
Termination clauses: Possession wording should align with the post-abolition Section 8 grounds regime, not Section 21 wording.
Common mistakes that void a tenancy agreement
These are the most common drafting and compliance errors that cause enforceability problems:
Including a fixed-term clause in a new post-1 May 2026 tenancy.
Failing to provide the agreement in writing before occupation starts.
Omitting prescribed deposit information or using a deposit clause that conflicts with scheme rules.
Charging prohibited fees not permitted by law.
Using the wrong jurisdictional template (for example, using an England template for Wales or Scotland).
For new tenancies starting on or after 1 May 2026, no. ASTs are no longer used to create new tenancies. Existing ASTs that were in place before 1 May 2026 converted automatically to Assured Periodic Tenancies on commencement day and remain enforceable as APTAs.
Can I still use a fixed term in my tenancy agreement?
No. Fixed terms are abolished for new tenancies. Including a fixed-term clause is void and may attract a civil penalty of up to £7,000. All new tenancies run on a rolling periodic basis.
Do I need a written tenancy agreement?
Yes. The Renters’ Rights Act 2025 requires a written statement of key terms before the tenancy starts. Verbal tenancies are still legally enforceable but expose the landlord to local authority enforcement and undermine later possession claims.
What’s the minimum tenancy length?
There is no statutory minimum, but Ground 1 (landlord moving in) and Ground 1A (intent to sell) cannot be used in the first 12 months. In practice this means tenants have a guaranteed minimum of 12 months unless they cause arrears or anti-social behaviour.
Can I include a “no pets” clause?
You can, but tenants have a statutory right to request a pet and you can only refuse on reasonable grounds. A blanket prohibition is enforceable for the initial agreement but the tenant retains the right to request a variation.
What rent can I charge?
There is no statutory rent cap, but the rent must be at market level. Above-market rent at the start of a tenancy is enforceable; in-tenancy increases must follow the Section 13 statutory process and can be challenged at the First-tier Tribunal.
Does this template work for HMOs?
The APTA structure works for most HMOs where each tenant has an individual tenancy. For HMOs let on a single joint tenancy, the same template applies but with all tenants named jointly. Separate HMO licensing requirements apply regardless of the agreement type.
Who reviews these templates?
Bracton’s templates are drafted and reviewed by Connor Griffiths, Solicitor (SRA No. 821297), trading through Blackwell Advisory Ltd. Templates are re-reviewed when the underlying law changes.