Tenancy Agreements
At a Glance
A tenancy agreement is a legal contract between you and your landlord. It sets out the terms of your tenancy, including how much rent you will pay, who is responsible for repairs and the rules you both agree to follow.
Since 1 May 2026, most new private residential tenancies in England are assured periodic tenancies under the Renters’ Rights Act. This means there are no longer new fixed-term assured shorthold tenancies (ASTs), and certain clauses that were once common can no longer be relied upon.
Before signing, take time to read every page carefully. A tenancy agreement creates legal obligations for both you and your landlord, but it cannot remove the statutory rights that the law gives you.
What is a Tenancy Agreement?
A tenancy agreement is the contract that gives you the legal right to live in a property in return for paying rent.
It explains the rights and responsibilities of both you and your landlord and helps prevent misunderstandings later.
A typical tenancy agreement will cover:
- The property being rented.
- The names of the landlord and tenant(s).
- The rent and when it is due.
- Any tenancy deposit.
- Which bills are included.
- Repair responsibilities.
- Rules about pets, smoking or subletting.
- How either party can end the tenancy.
You should receive a copy of the agreement for your own records.
Do I Need a Written Agreement?
A written tenancy agreement is strongly recommended, but a tenancy can still be legally binding even if nothing has been signed.
For example, if a landlord agrees to let you move into a property and accepts rent, a tenancy may exist even where the agreement was made verbally.
However, written agreements provide much greater certainty and make it easier to resolve disputes if they arise.
Under the Renters’ Rights Act, landlords must also provide tenants with certain written information about the tenancy before it begins.
What Type of Tenancy Will I Have?
For most people renting privately in England, the tenancy will be an assured periodic tenancy.
Unlike the previous system, new assured shorthold tenancies with fixed terms are no longer created.
Instead, your tenancy continues until:
- you give notice and leave;
- your landlord successfully obtains possession using one of the legal grounds; or
- both parties agree to end the tenancy.
This provides greater security for tenants while still allowing landlords to recover possession in circumstances set out by law.
What Should a Tenancy Agreement Include?
Every tenancy agreement is different, but you should expect it to clearly explain:
Rent
- How much rent you will pay.
- When it is due.
- How it should be paid.
Deposit
- Whether a tenancy deposit is required.
- How much it is.
- Which tenancy deposit scheme will protect it.
Repairs
The agreement should explain which repairs are your responsibility and which remain your landlord’s responsibility.
Remember, a tenancy agreement cannot remove the landlord’s legal repairing obligations.
Bills
It should state whether the rent includes:
- Gas
- Electricity
- Water
- Broadband
- Council tax
- Other services
Property Rules
These might include rules about:
- Pets.
- Smoking.
- Decorating.
- Subletting.
- Keeping the garden tidy.
Always read these carefully before signing.
Can a Tenancy Agreement Override the Law?
No.
Your tenancy agreement is legally important, but it cannot remove rights that Parliament has given you.
For example, a clause saying:
- “The landlord never has to carry out repairs.”
- “The tenant cannot challenge a rent increase.”
- “The tenant must always pay six months’ rent in advance.”
would generally not override your statutory rights.
If a tenancy agreement conflicts with housing legislation, the law takes precedence.
That doesn’t mean every unusual clause is automatically invalid, but landlords cannot contract out of their legal responsibilities simply by including different wording in the agreement.
Can My Landlord Change the Agreement?
Not simply by telling you.
Most changes to your tenancy agreement require both landlord and tenant to agree.
For example, if your landlord wants to introduce new rules about pets or parking after you’ve moved in, they cannot normally do so without your agreement.
Some matters, such as rent increases, have their own statutory procedures.
If your landlord wants to increase your rent, they must follow the legal process set out in the Renters’ Rights Act. See our Rent Increases guide for more information.
Joint Tenancies
If you rent with other people, you may have a joint tenancy.
This usually means all tenants are jointly and severally liable.
In practice, this means:
- everyone has equal rights to occupy the property; and
- each tenant can potentially be held responsible for the full rent if the others fail to pay.
Before signing a joint tenancy, make sure you understand your responsibilities towards each other, particularly if one person intends to manage the rent payments.
Does My Old AST Still Apply?
Yes – in most cases.
If your tenancy agreement was signed before 1 May 2026, you generally do not need to replace it.
Most of the agreement continues to apply, including:
- Your agreed rent
- Deposit arrangements
- Repair responsibilities
- Utility responsibilities
- Pet clauses (subject to current legislation)
- Parking arrangements
- Other day-to-day terms
However, any clause that conflicts with the Renters’ Rights Act or other legislation is no longer enforceable.
For example, many older agreements still refer to Assured Shorthold Tenancies, fixed terms or Section 21 notices. While those clauses may still appear in your agreement, they have effectively been replaced by the new legal framework.
What Should I Check Before Signing
- How much rent you'll pay and when it's due
- The amount of your tenancy deposit
- Which bills are included
- Who is responsible for repairs
- Whether pets are permitted
- Any parking arrangements
- The inventory and property condition
- How rent can be increased
- The notice requirements
Giving Notice To End Your Tenancy
One of the biggest areas of confusion since the Renters’ Rights Act came into force is how much notice tenants need to give.
New tenancy agreements from 1 May 2026
If your tenancy began on or after 1 May 2026, you will normally need to give two months’ notice if you wish to leave.
Your notice should:
- be given in writing (for example by email or letter)
- expire on the day rent is due, or the day before
- continue to be honoured by paying rent throughout the notice period
You and your landlord can agree in writing to end the tenancy sooner if you both wish.
Existing tenancy agreements signed before 1 May 2026
If you signed your tenancy agreement before 1 May 2026, your position may be different.
Many older tenancy agreements include a clause allowing tenants to give one month’s notice once the tenancy became periodic.
Where an existing tenancy agreement already provides for a shorter contractual notice period, that shorter period may continue to apply, provided it does not conflict with the current legal framework and there has been no later agreement changing those terms. If you’re unsure, it’s worth checking your tenancy agreement carefully or seeking independent advice before serving notice.
Frequently Asked Questions
Do I need to sign a new tenancy agreement?
No. If you already had a written tenancy agreement before 1 May 2026, it usually remains in place and your tenancy automatically converted to an Assured Periodic Tenancy.
What if my agreement still says “Assured Shorthold Tenancy”?
That’s perfectly normal. Many tenancy agreements signed before 1 May 2026 still use this wording. The legal status of your tenancy changed automatically under the Renters’ Rights Act.
Can my landlord force me to sign a new agreement?
Not simply because the law changed. Existing agreements generally continue to operate without needing to be replaced.
What happens if I don’t have a written tenancy agreement?
You can still have a legally valid tenancy. However, landlords are now required to provide tenants with key written information about the tenancy.
Key Takeaways
- A tenancy agreement is a legally binding contract between you and your landlord.
- From 1 May 2026, almost all private tenancies became Assured Periodic Tenancies.
- You usually do not need to sign a new tenancy agreement if you were already renting before the changes.
- Most terms of your existing agreement still apply unless they conflict with current legislation.
- Always read your tenancy agreement carefully before signing and understand your rights before giving notice to leave.
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