Tenancy Agreement Template UK

Understanding UK Residential Tenancy Agreements

A Tenancy Agreement is a legally binding contract between a private residential landlord and a tenant. It defines the terms of occupation, rent obligations, maintenance responsibilities, and statutory rights of both parties. In England, the standard legal tenancy for all private residential lets is an Assured Periodic Tenancy under the Housing Act 1988 (as amended by the Renters' Rights Act 2025). The historical Assured Shorthold Tenancy (AST) regime has been abolished for new lettings, and fixed-term tenancies are no longer valid.

Current Tenancy Framework in England (Renters' Rights Act 2025 — Effective 1 May 2026)

Under the Renters' Rights Act 2025 (effective 1 May 2026 in England), Section 21 'no-fault' evictions and fixed-term Assured Shorthold Tenancies (ASTs) were completely abolished in favor of statutory assured periodic tenancies from day one:

1. Abolition of Section 21 'No-Fault' Evictions: Landlords in England can no longer terminate tenancies without proving a specific statutory ground under Section 8 of the Housing Act 1988 (as amended). Section 21 notices cannot be served.
2. Abolition of Assured Shorthold Tenancies (ASTs) & Fixed Terms: All private residential tenancies in England are statutory assured periodic tenancies from day one (rolling monthly or according to the agreed rent period, not exceeding one month). Fixed terms (such as 6-month or 12-month AST locks) are legally void for all new and continuing private residential tenancies.
3. Tenant Notice Period & End Date: A tenant can end the tenancy at any time by serving at least two months' written notice to the landlord. Under amended Section 5 of the Housing Act 1988, the notice must specify an end date that is the last day of a period of the tenancy (unless the landlord agrees in writing to an earlier date or different notice period). Once served, notice cannot be unilaterally withdrawn without the landlord's written agreement.
4. Reformed Landlord Possession Grounds: Landlords may only seek possession under revised Section 8 statutory grounds. Key grounds include: (a) Ground 1 (landlord or close family moving in) or Ground 1A (selling the dwelling), which both require 4 months' notice, cannot be invoked during the initial 12 months of occupation, and carry a 12-month restriction against marketing or re-letting; and (b) Ground 8 (mandatory serious rent arrears), which requires at least 3 months' (or 13 weeks') unpaid rent at both notice service and court hearing, with a mandatory notice period of 4 weeks (increased from 2 months' arrears and 2 weeks' notice under prior law). Discretionary rent arrears grounds (Grounds 10 and 11) also require 4 weeks' notice, whereas serious anti-social behaviour (Ground 14) allows immediate court application upon notice service.
5. Rent Increases Governed by Section 13 & Form 4A: Contractual rent review clauses are void in assured periodic tenancies. Landlords may only increase rent once every 52 weeks (and not within the first 12 months) via the statutory Section 13 notice procedure using prescribed Form 4A, giving at least two months' notice aligning with the start of a new rent period. Rent cannot exceed open-market rent for comparable properties. If referred by the tenant to the First-tier Tribunal (Property Chamber) before the notice effective date, the Tribunal cannot determine a rent higher than the landlord's proposed figure; rent bidding wars (inviting or accepting offers above advertised rent) are outlawed.
6. Right to Request a Pet: Tenants have a statutory right to request permission to keep a pet in writing. Landlords cannot unreasonably refuse and must respond in writing within 28 days (or request reasonable additional details within 28 days, then respond within 7 days of receiving them). Under the Renters' Rights Act and Tenant Fees Act 2019, landlords cannot demand pet insurance or charge extra fees/pet deposits as a condition of granting consent.

Historical Context & Transitional Rules (Pre-1 May 2026 ASTs & Section 21)

• Pre-1 May 2026 AST Background: For more than 30 years (from 1989 until 30 April 2026), Assured Shorthold Tenancies (ASTs) were the standard default letting contract in England under the Housing Act 1988. Landlords commonly issued 6- or 12-month fixed terms and could end tenancies without giving a reason by serving a 2-month notice under Section 21.
• Automatic Statutory Conversion: On 1 May 2026, all existing AST agreements in England automatically converted into statutory assured periodic tenancies by operation of law. Fixed terms ceased to bind tenants, and clauses preventing tenants from giving 2 months' notice became unenforceable.
• Transitional Section 21 Expiry: Under Schedule 5 transitional provisions of the Renters' Rights Act 2025, Section 21 notices served *prior to 1 May 2026* remained enforceable only until their statutory validity period expired (within 6 months from the date of service, or 4 months from notice expiry where extended notice applied), provided court proceedings for possession were commenced before that deadline. If court proceedings were not issued before the notice expired, or once transitional possession cases conclude, Section 21 is completely extinct in England. Landlords cannot serve any new Section 21 notices and must rely exclusively on amended Section 8 grounds.
• Why AST References Remain Relevant: Retaining historical AST and Section 21 references is legally necessary when reviewing historic tenancy deposit protection compliance chains, examining past rent reviews, or resolving legacy disputes arising before 1 May 2026. However, ASTs can no longer be drafted or entered into for new lettings in England.

Distinct Tenancy Framework in Wales (Renting Homes Act 2016)

Wales is not subject to the Renters' Rights Act 2025. Instead, residential lettings in Wales are governed by the Renting Homes (Wales) Act 2016 (in force since 1 December 2022). In Wales:

• ASTs were replaced with Standard Occupation Contracts, and tenants are designated as contract-holders.
• Landlords must issue a written statement of contract terms within 14 calendar days of occupation.
• Welsh 'no-fault' notices under Section 173 remain legally available, but require a minimum 6-month notice period that cannot be served during the first 6 months of occupancy (guaranteeing 12 months minimum security of tenure for compliant contracts).
• Contract-holders can end a periodic standard contract with at least 4 weeks' written notice under Section 163.
• Rent variations in Wales are governed by Section 123 via prescribed Form RHW12 (requiring 2 months' notice, maximum once per 12 months).

A written tenancy agreement is indispensable whenever letting self-contained private residential property to individual tenants in England or Wales. Key practical situations include:

• Starting a New Residential Tenancy — Establishing the baseline rent, payment date, permitted occupants, and utility responsibilities under current assured periodic tenancy rules in England (Renters' Rights Act 2025) or standard occupation contract rules in Wales (Renting Homes Act 2016).
• Ensuring Statutory Landlord Compliance — Clearly documenting tenancy deposit protection details under the Housing Act 2004, serving the official GOV.UK *How to Rent* checklist, and verifying Gas Safety, EPC, and EICR certificates.
• Preventing Unlawful Clauses — Under the Tenant Fees Act 2019 and Renters' Rights Act 2025, clauses attempting to lock tenants into fixed terms, charging prohibited tenant fees, mandating professional cleaning fees without cause, or imposing blanket bans on children, benefit recipients, or pets are legally void.
• Clarifying Repair & Maintenance Obligations — Incorporating the statutory obligations of Section 11 of the Landlord and Tenant Act 1985 (landlord duty to repair structure, exterior, heating, and sanitation) and the Homes (Fitness for Human Habitation) Act 2018.
• When to Seek Professional Legal Advice — This template is designed for standard residential lettings. You should seek specialized advice from an SRA-regulated solicitor or accredited landlord body (such as the NRLA) if: (1) The property is a licensed House in Multiple Occupation (HMO); (2) You are letting to a company or non-individual; (3) The annual rent exceeds £100,000 (which falls outside statutory protection); or (4) The arrangement is a resident landlord lodger agreement (an excluded licence under the Protection from Eviction Act 1977).