UK Tenancy Agreements 2026: Complete Guide After the Renters’ Rights Act

Last verified: 2026-05-02 Reading time: 20 minutes Applicable from: 1 May 2026 (Renters’ Rights Act 2025 commencement) Scope: England only — Wales (Renting Homes (Wales) Act 2016) and Scotland (Private Housing (Tenancies) (Scotland) Act 2016) operate under separate regimes.

The Renters’ Rights Act 2025 is the most significant reform of the private rented sector in England since the Housing Act 1988. From 1 May 2026, “Section 21 no-fault eviction” is abolished. Assured shorthold tenancies (ASTs) cease to exist as a category. Almost all existing tenancies convert automatically to Assured Periodic Tenancies (APTs). Fixed-term assured tenancies are abolished.

This is not a minor amendment — it is a structural reset. Every old AST template downloaded from a stationer’s website is, on or after 1 May 2026, not lawful for new tenancies. Landlords who use the wrong template lose the ability to rely on key Section 8 grounds for possession. Tenants who sign an old template may be agreeing to terms that are unenforceable.

This guide explains, in plain English with all statutory references, exactly how the new APT regime works — the documents you need, the deposits and pets and rent reviews, the 37 reformed Section 8 grounds, and the practical steps from marketing to move-in.

Quick Answer (TL;DR)

• From 1 May 2026: All new and existing private tenancies in England are Assured Periodic Tenancies (APTs). No fixed terms. No Section 21.
• Tenant flexibility: Tenant may end the tenancy at any time on two months’ written notice.
• Landlord possession: Only via Section 8 with a specified ground from the revised Schedule 2 (37 grounds total).
• Rent reviews: Maximum once every 12 months, by Section 13 notice with 2 months’ notice. No contractual escalator clauses.
• Pets: Tenants have a new statutory right to request a pet; landlord may not unreasonably refuse.
• Deposit cap: Unchanged — 5 weeks’ rent if annual rent < £50,000; 6 weeks’ rent if ≥ £50,000.
• Information Sheet: Every existing landlord must give every named tenant the government Information Sheet between 1 May and 31 May 2026.

Table of Contents

1. Overview: The Post-RRA 2025 World
2. Legal Foundation: The Acts You Need to Know
3. The Pre-Tenancy Pack and Required Documents
4. Step-by-Step Process — Marketing to Move-In
5. Costs and Timeline
6. The 37 Section 8 Grounds Explained
7. Common Mistakes (Gyoseishoshi View)
8. After Move-In — Throughout the Tenancy
9. FAQ — 12 Questions Landlords and Tenants Actually Ask
10. Conclusion

1. Overview: The Post-RRA 2025 World

The Three Core Reforms

The Renters’ Rights Act 2025 (full text) amends the Housing Act 1988 rather than replacing it. The substantive tenancy reforms commence on 1 May 2026. Three structural reforms are at the heart of the Act:

What is an Assured Periodic Tenancy (APT)?

Under the Act, all new tenancies on or after 1 May 2026 are APTs. Their key statutory features:

• No fixed term. The tenancy is periodic from day one. The period is monthly or shorter — no period longer than one month is permitted.
• No Section 21. The landlord cannot end the tenancy by giving notice without a reason.
• Tenant flexibility. The tenant may end the tenancy at any time on two months’ notice, given in writing.
• Possession only on grounds. The landlord may seek possession only by serving notice under Section 8 of the Housing Act 1988 (as reformed) and proving a specified ground in court.
• Rent increases regulated. Rent increases are limited to once every 12 months by way of a Section 13 notice; tenants may challenge increases at the First-tier Tribunal (Property Chamber).

Conversion of Existing Tenancies (1 May 2026)

On the commencement date, almost all existing assured and assured shorthold tenancies (ASTs) automatically convert to APTs. The fixed term, if any, ends. Section 21 ceases to be available. The new tenant rights apply in full.

Exception: A tenancy will not convert on 1 May 2026 if a valid Section 21 or Section 8 notice was served before that date and possession proceedings have not yet concluded. In those cases the tenancy remains an AST until proceedings conclude.

Mandatory landlord disclosure during the transition window: Between 1 May 2026 and 31 May 2026, every existing landlord must give every named tenant a written Information Sheet explaining the new APT regime and the tenant’s rights. The form of the Information Sheet is published by Government:

• The Renters’ Rights Act Information Sheet 2026: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026

Tenancies Outside the APT Regime

The APT regime applies only to assured tenancies in England. The following remain outside:

This guide covers assured periodic tenancies in England only — the predominant private-rental case.

2. Legal Foundation: The Acts You Need to Know

UK residential lettings law is layered. The key statutes you must understand:

Renters’ Rights Act 2025 — Section by Section

• Section 1 abolishes the assured shorthold tenancy as a category, replacing it with a single tenancy type — the assured periodic tenancy. Section 1(2) ensures the period of any APT cannot be longer than one month.
• Section 2 repeals Section 21 of the Housing Act 1988 (notice-only / no-fault termination by the landlord). From 1 May 2026, no Section 21 notice may be served, and any served on or after that date is invalid.
• Schedule 1 contains the transitional provisions converting existing ASTs to APTs on 1 May 2026.
• Section 8 + Schedule 2 revamps the grounds for possession (37 grounds total — see §6 below).

Housing Act 1988 — Schedule 2 (Grounds)

Schedule 2 contains the grounds for possession. The schedule has been substantially rewritten by the RRA 2025 (direct link). The principal changes:

• Ground 8 (mandatory rent arrears): threshold raised to 3 months’ arrears (or 13+ weeks if rent paid weekly/fortnightly), where previously it was 2 months’ (8 weeks)
• Ground 1A (sale): new mandatory ground but cannot be used in first 12 months of tenancy; landlord cannot re-let or re-market for 12 months after
• Ground 4 (student let in HMO): retained but narrowed to specific academic-year transitions

3. The Pre-Tenancy Pack and Required Documents

3-1. The Pre-Tenancy Pack (Landlord must give before tenant signs)

A landlord must give the prospective tenant the following documents before the tenancy starts. Failure to do so restricts the landlord’s later ability to seek possession on certain grounds.

3-2. Required Provisions in the APT Tenancy Agreement

Under the RRA 2025, a written statement of terms must be given before the APT is entered into. The core provisions a compliant tenancy agreement must contain:

3-3. Tenant Right to Keep a Pet — RRA 2025

The Act introduces a new statutory right for tenants to request to keep a pet. The landlord may not unreasonably refuse consent. Where consent is given, the landlord may require the tenant to:

• Maintain pet damage insurance, or
• Pay a reasonable surcharge to cover insurance

But the landlord cannot demand a separate pet deposit. The standard 5/6-week deposit cap is the absolute ceiling.

3-4. Deposit Protection — Housing Act 2004, Sections 213–215A

Tenancy deposits remain protected under the Housing Act 2004, Part 6. From 1 May 2026 the regime is unchanged in substance but is now an APT-only environment.

The three government-approved schemes are: Deposit Protection Service (DPS), MyDeposits, and Tenancy Deposit Scheme (TDS) — all offering both custodial and insured options. Government guidance: https://www.gov.uk/tenancy-deposit-protection.

3-5. Right to Rent — Immigration Act 2014

Under the Immigration Act 2014, the landlord (or their agent) must verify that all adult occupiers have a right to rent before the tenancy begins. From January 2026, biometric residence permits (BRPs) have been phased out; verification is increasingly via the Home Office digital share-code service.

• Right to Rent guidance: https://www.gov.uk/government/publications/right-to-rent-document-checks-a-user-guide
• Online check service: https://www.gov.uk/landlord-immigration-check

4. Step-by-Step Process — Marketing to Move-In

Stage 1 — Pre-Marketing Compliance (Landlord)

Before marketing a property in England, the landlord should hold:

1. A valid EPC, band E or above (or be exempt and registered on the PRS Exemptions Register)
2. A valid Gas Safety Certificate (annual)
3. A valid EICR (every 5 years)
4. Working smoke alarms on every storey and CO alarms in any room with a fixed combustion appliance
5. Selective licensing if required by the local council
6. HMO licensing if the property meets the HMO criteria (5+ persons in 2+ households)

Stage 2 — Marketing and Tenant Selection

• Marketing must include the EPC rating (Energy Performance of Buildings Regulations 2012)
• “No DSS / no benefits” provisions are unlawful indirect discrimination under the Equality Act 2010
• Tenant referencing fees are prohibited under the Tenant Fees Act 2019 — only a refundable holding deposit (max 1 week’s rent) is permitted

Stage 3 — Right to Rent Check

Before the tenancy begins:

• Manual check with original documents (now rare), or
• Digital check via Home Office share code (now standard for non-British / non-Irish citizens) at https://www.gov.uk/landlord-immigration-check

The check must be performed before the tenancy starts. Records must be kept for the duration of the tenancy + 1 year.

Stage 4 — Sign the APT Agreement

• Both landlord and tenant sign the APT tenancy agreement
• The pre-tenancy pack is given to the tenant (with signed receipt)
• The Information Sheet is given (where applicable for transitional cases)

Stage 5 — Receive the Deposit

• Deposit collected (capped at 5 or 6 weeks’ rent under Tenant Fees Act 2019)
• Within 30 calendar days:
  • Deposit lodged in a government-approved scheme
  • Prescribed Information served on the tenant

Stage 6 — Move-In Day

• Inventory and schedule of condition signed by both parties
• Keys handed over
• Meter readings recorded
• Welcome pack given (manuals, recycling info, emergency contacts)
• Smoke and CO alarms tested with the tenant present (SCMR 2015 as amended 2022)

Stage 7 — During the Tenancy

• Annual gas safety inspection (CP12)
• 5-yearly electrical inspection (EICR)
• Repairs handled within reasonable time (LTA 1985, s.11)
• No entry without 24 hours’ written notice (HA 1988, s.16 — implied right of access for repairs)

Stage 8 — Rent Increase (Section 13 Notice)

A landlord wishing to increase the rent must serve a Section 13 notice (form Section 13(2) under HA 1988):

Section 13 is the only lawful route to a rent increase under an APT. Contractual escalator clauses are unenforceable.

• First-tier Tribunal (Property Chamber): https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber

Stage 9 — Ending the Tenancy

Tenant ending the tenancy

A tenant may end an APT at any time by giving 2 months’ written notice to the landlord. The notice expires on the last day of a rental period.

Landlord ending the tenancy — Section 8 only

A landlord may seek possession only by:

1. Serving a Section 8 notice specifying one or more grounds from the revised Schedule 2
2. Once the notice period has expired, applying to the County Court for a possession order
3. Obtaining a possession order from the court

A landlord cannot use Section 21 (it is repealed). See https://www.gov.uk/possession-claim-online-recover-property and https://www.gov.uk/eviction-notices-from-landlords.

5. Costs and Timeline

5-1. Statutory and Quasi-Statutory Costs (England)

5-2. Typical Timeline

6. The 37 Section 8 Grounds Explained

Schedule 2 to the Housing Act 1988 (as revised by the RRA 2025) contains 37 grounds. Some are mandatory (court must order possession if the ground is proven); some are discretionary (court orders possession only if reasonable). The most-used grounds are below.

Mandatory Grounds

Discretionary Grounds

The rent-arrears mandatory ground (Ground 8) is the principal mandatory ground in routine practice. The threshold has changed under the RRA 2025: 3 months’ arrears (or 13 weeks if rent is paid weekly/fortnightly), where previously it was 2 months’ (or 8 weeks’).

7. Common Mistakes (Gyoseishoshi View)

7-1. Using a Pre-RRA AST Template After 1 May 2026

Symptom: Tenancy agreement refers to “assured shorthold tenancy”, “fixed term of 12 months”, or includes “Section 21” language.

Avoidance: Use only an APT-compliant template. Old templates from stationer’s websites and many letting agents are not yet updated. Verify the template explicitly references the Renters’ Rights Act 2025 and the Assured Periodic Tenancy structure.

7-2. Including a Contractual Rent Escalator

Symptom: Tenancy agreement says “Rent shall increase by RPI + 2% on each anniversary”.

Avoidance: Drop all contractual escalators. Use a Section 13 notice (max once per 12 months, 2 months’ notice). Contractual escalator clauses survive on paper but are unenforceable.

7-3. Failing to Protect the Deposit Within 30 Days

Symptom: Tenant claims for non-protection penalty (1× to 3× deposit) under HA 2004, s.214. Landlord is also barred from possession on most Section 8 grounds.

Avoidance: Lodge with scheme on the day of receipt; serve Prescribed Information same day.

7-4. Demanding a Pet Deposit on Top of the Cap

Symptom: Tenant complains under Tenant Fees Act 2019.

There is no separate pet deposit. The 5/6-week deposit cap is the absolute ceiling. Pet damage cover must be addressed by insurance or surcharge to rent — not by deposit.

7-5. Not Giving the How to Rent Guide and EPC

Symptom: Loss of ability to use Ground 1A (sale) or other grounds with strict pre-conditions.

Avoidance: Use a pre-tenancy checklist. Obtain tenant signature confirming receipt of the pack.

7-6. Ignoring Selective Licensing

Symptom: Council issues civil penalty up to £30,000 + Rent Repayment Order to tenant (up to 12 months’ rent).

Avoidance: Check the council’s licensing register for the property’s postcode before marketing. Many London boroughs and metropolitan councils now operate borough-wide selective licensing schemes.

7-7. Self-Help Eviction

Symptom: Criminal prosecution under Protection from Eviction Act 1977 (statute).

Avoidance: Always obtain a court order. Use the County Court possession process (https://www.gov.uk/possession-claim-online-recover-property). Self-help eviction (changing locks, removing belongings) is a criminal offence.

7-8. Verbal Tenancies and Side Agreements

Symptom: Disputes over what was agreed; loss of mandatory ground availability for failure to give written disclosure.

Avoidance: Always issue a written APT agreement on day 1, signed by all parties. Side agreements outside the written APT are likely unenforceable and may waive statutory protections.

8. After Move-In — Throughout the Tenancy

8-1. Throughout the Tenancy

The Homes (Fitness for Human Habitation) Act 2018 (statute) inserted ss.9A–9C into the Landlord and Tenant Act 1985. The landlord must ensure the dwelling is fit for human habitation at the time the tenancy is granted and throughout. Tenants may sue directly for breach.

8-2. End of Tenancy — Tenant Initiated

Tenant gives 2 months’ written notice. The notice expires on the last day of a rental period. Joint tenants must agree (one tenant cannot end the tenancy unilaterally except by surrender accepted by the landlord and any other tenants).

8-3. End of Tenancy — Landlord Initiated (Section 8 Only)

1. Landlord serves Section 8 notice citing one or more grounds
2. Notice period runs (4 weeks to 4 months depending on ground)
3. Landlord applies to County Court for a possession order
4. Court hearing — landlord proves ground; mandatory grounds bind, discretionary grounds give court discretion
5. Possession order issued
6. If tenant does not leave, landlord applies for a warrant of possession; the warrant is executed by County Court bailiffs

• HM Courts & Tribunals Service: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service

8-4. Deposit Return

Within 10 days of the end of the tenancy, landlord and tenant should agree the deposit return. Disputed deductions are referred to the deposit protection scheme’s free Alternative Dispute Resolution (ADR) service — there is no court fee involved.

9. FAQ — 12 Questions Landlords and Tenants Actually Ask

Q1. Can a landlord still offer a 12-month fixed term after 1 May 2026?

No. The fixed-term assured tenancy is abolished by Section 1 of the Renters’ Rights Act 2025. The only tenancy structure is the Assured Periodic Tenancy. The period of an APT cannot be longer than one month. The tenant may stay as long as they wish (subject to the landlord’s Section 8 grounds), but no contractual fixed period binds the tenant — they may give 2 months’ notice at any time.

Q2. Section 21 is gone — how does a landlord actually get a tenant out?

Only by Section 8 with a specified ground. Six common scenarios:

1. Sale — Ground 1A (mandatory, 4 months, cannot be used in first 12 months, 12-month re-let prohibition)
2. Move in — Ground 1 (mandatory, 4 months — landlord or close family)
3. Redevelopment — Ground 6 (mandatory, 4 months)
4. Serious rent arrears — Ground 8 (mandatory, 3 months’ arrears at notice and hearing, 4 weeks’ notice)
5. Some rent unpaid — Ground 10 (discretionary, 4 weeks’ notice)
6. Anti-social behaviour — Ground 14 (discretionary, immediate notice)

The landlord must prove the ground; the court grants possession. There is no shortcut, no “no-fault” route. Section 21 is dead.

Q3. What is the deposit cap now?

Unchanged: 5 weeks’ rent if annual rent is below £50,000; 6 weeks’ rent if £50,000 or more. This was set by the Tenant Fees Act 2019, Schedule 1, and the RRA 2025 did not change it. The deposit must be protected within 30 calendar days, with Prescribed Information served within the same 30 days. Failure exposes the landlord to a 1× to 3× deposit penalty under HA 2004, s.214.

Q4. Pets — what’s the practical default?

Tenants have a new statutory right to request to keep a pet. The landlord may not unreasonably refuse consent. Where consent is given, the landlord may require pet damage insurance (paid by the tenant) or a small surcharge — but cannot demand a separate pet deposit beyond the 5/6 weeks cap.

Q5. Is “no DSS” / “no benefits” still allowed in marketing?

No. It has not been allowed for some years. “No DSS” provisions have been held by the courts to amount to indirect discrimination on the protected characteristics of sex and disability under the Equality Act 2010. Marketing must be open to applicants regardless of source of income; affordability assessment is permitted on neutral criteria.

Q6. Right to rent check — what’s the simplest workflow for a non-British / non-Irish tenant?

Use the Home Office digital share-code service. The tenant generates a share code at https://www.gov.uk/prove-right-to-rent (or right-to-work equivalent), gives it to the landlord, and the landlord uses it on https://www.gov.uk/landlord-immigration-check to confirm validity. Save the response page. For British and Irish citizens, the manual document check (passport, etc.) is still the route. Always check before the tenancy begins.

Q7. What if the landlord forgets the How to Rent guide?

Pre-RRA case law treated this strictly — failure to give the current How to Rent guide invalidated Section 21 notices. Section 21 is now gone, but the disclosure obligations remain relevant for some Section 8 grounds and as a wider compliance signal. Do not skip it. Get tenant signature on a receipt.

Q8. Section 13 rent increase — is there a maximum percentage?

No statutory percentage cap, but two key limits:

1. Frequency — once every 12 months at most.
2. Tenant’s right of challenge — within the notice period, the tenant may apply to the First-tier Tribunal (Property Chamber). The Tribunal sets the rent at the level the property would let for in the open market — effectively a market-rent ceiling.

Excessive Section 13 increases are commonly reduced by the Tribunal. Document evidence (comparables, agents’ valuations) before serving.

Q9. A tenant moves out leaving belongings. Can the landlord just bin them?

No. The Torts (Interference with Goods) Act 1977 governs uncollected goods. The landlord must give the tenant notice and a reasonable opportunity to collect. After the period expires, the landlord may sell or dispose, accounting to the tenant for any proceeds (after reasonable costs). Document everything. Self-help is risky.

Q10. What if the property needs urgent gas-safety work and the tenant won’t allow access?

Right of access for repairs is implied by Housing Act 1988, s.16, on 24 hours’ written notice (and by LTA 1985, s.11). For genuine emergencies (gas leak, fire risk), immediate access is justifiable on safety grounds — document everything. Persistent unreasonable refusal of access is itself a breach of the tenancy and a discretionary ground for possession (Ground 12 — breach of obligation).

Q11. Can a tenant sub-let on Airbnb under an APT?

Not without the landlord’s written consent. Many head leases prohibit short-term lets, in which case the landlord cannot lawfully consent. Unauthorised short-term letting is a discretionary ground for possession (Ground 12 — breach) and may engage local short-term-let licensing schemes (London 90-day rule, etc.).

Q12. I’m a landlord living abroad. Anything special?

Yes. The foreign landlord is required to register under the Non-Resident Landlords Scheme (NRL) with HMRC. Tenants paying rent of £100/week or more are otherwise required to deduct basic-rate tax at source. See HMRC NRL guidance: https://www.gov.uk/government/publications/non-resident-landlord-scheme-guidance-notes. A UK-based managing agent is strongly recommended.

10. Conclusion

The Renters’ Rights Act 2025 changes a lot. Some landlords will see it as a loss of flexibility; some tenants will see it as long-overdue stability. Both are right.

What matters in practice is discipline — replacing old AST templates with APT-compliant ones, serving the Information Sheet on every existing tenant in May 2026, calendarising gas/EICR/EPC renewals, and treating the Section 8 grounds as the disciplined route they are.

A landlord who runs a clean APT operation will find the post-RRA world more procedural but no harder than the old AST world — and possibly cleaner, because the landlord-tenant relationship now has clear statutory rails.

A tenant who knows their rights — periodic-only tenancy, 2 months’ notice, rent challenges via the Tribunal, the new pet right — will find the new world more secure than the old.

The one thing nobody can afford is to use a pre-2026 AST template after 1 May 2026. That is the line.

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Disclaimer

This article provides legal information, not legal advice. MmowW Scrib🐮 is a document preparation service operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not UK solicitors, barristers, letting agents, or property managers. Documents are prepared for use by the parties; the parties contract directly with each other. For complex legal questions, consult a qualified UK legal professional.

Sources

Primary Statutes (legislation.gov.uk)

1. Renters’ Rights Act 2025: https://www.legislation.gov.uk/ukpga/2025/26/contents
2. Housing Act 1988 (as amended): https://www.legislation.gov.uk/ukpga/1988/50/contents
3. Housing Act 1988 — Schedule 2 (grounds for possession): https://www.legislation.gov.uk/ukpga/1988/50/schedule/2
4. Tenant Fees Act 2019: https://www.legislation.gov.uk/ukpga/2019/4/contents
5. Housing Act 2004 (deposit protection): https://www.legislation.gov.uk/ukpga/2004/34/contents
6. Landlord and Tenant Act 1985 (s.11): https://www.legislation.gov.uk/ukpga/1985/70/section/11
7. Homes (Fitness for Human Habitation) Act 2018: https://www.legislation.gov.uk/ukpga/2018/34/contents
8. Protection from Eviction Act 1977: https://www.legislation.gov.uk/ukpga/1977/43/contents
9. Deregulation Act 2015 (retained tenancy disclosure provisions): https://www.legislation.gov.uk/ukpga/2015/20/contents

RRA 2025 Implementation

10. Renters’ Rights Act Information Sheet 2026: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026

Government Guidance — Tenancies

11. Tenancy deposit protection (general guidance): https://www.gov.uk/tenancy-deposit-protection
12. How to Rent guide: https://www.gov.uk/government/publications/how-to-rent
13. Tenant Fees Act 2019 guidance: https://www.gov.uk/government/publications/tenant-fees-act-2019-guidance
14. Possession claim online: https://www.gov.uk/possession-claim-online-recover-property
15. Eviction notices from landlords: https://www.gov.uk/eviction-notices-from-landlords

Safety & Compliance

16. Energy Performance Certificates: https://www.gov.uk/buy-sell-your-home/energy-performance-certificates
17. Gas Safety guidance for landlords (HSE): https://www.hse.gov.uk/gas/landlords/
18. Electrical safety standards in the PRS: https://www.gov.uk/government/publications/electrical-safety-standards-in-the-private-rented-sector-guidance
19. Smoke & CO alarm explanatory booklet: https://www.gov.uk/government/publications/smoke-and-carbon-monoxide-alarms-explanatory-booklet-for-landlords

Right to Rent

20. Right to rent document checks user guide: https://www.gov.uk/government/publications/right-to-rent-document-checks-a-user-guide
21. Landlord immigration check: https://www.gov.uk/landlord-immigration-check

Tribunals & Courts

22. First-tier Tribunal (Property Chamber): https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber
23. HM Courts & Tribunals Service: https://www.gov.uk/government/organisations/hm-courts-and-tribunals-service

Tax (Non-Resident Landlords)

24. Non-Resident Landlord Scheme guidance: https://www.gov.uk/government/publications/non-resident-landlord-scheme-guidance-notes