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Last verified: 2026-05-02 · 1,720 words · 6 government sources
UK APT vs AST: Side-by-Side Comparison After RRA 2025
Table of Contents
- 1. The High-Level Map
- 2. Structural Differences — Fixed Term vs Periodic
- Under an AST
- Under an APT
- 3. The Section 21 Abolition — The Headline
- 4. The Section 8 Reform — 37 Grounds in the Revised Schedule 2
- 5. Tenant’s Notice Period
- 6. Rent Increases — Contractual Escalator Is Dead
- Under an AST
- Under an APT
- 7. The New Pet Right
- 8. Conversion of Existing ASTs — 1 May 2026
- 9. What Does NOT Change
- 10. Side-by-Side Walkthroughs
- Walkthrough A — Landlord Wants Property Back to Sell
- Walkthrough B — Tenant Wants to Leave
- Walkthrough C — Rent Increase
- 11. The Compliance Bottom Line
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For 36 years (1989–2026), the Assured Shorthold Tenancy (AST) was the workhorse of the English private rented sector. From 1 May 2026, ASTs cease to exist as a category. They are replaced by a single tenancy type: the Assured Periodic Tenancy (APT) introduced by the Renters’ Rights Act 2025. This article puts the two side by side across 18 dimensions so landlords, tenants, and agents can see exactly what changes — and what does not.
1. The High-Level Map
| Dimension | AST (pre-1 May 2026) | APT (from 1 May 2026) |
|---|---|---|
| Statutory basis | Housing Act 1988, Chapter 2 (as it stood) | Housing Act 1988 (as amended by RRA 2025) |
| Structure | Fixed term + statutory periodic on roll-over | Periodic from day one |
| Section 21 (“no-fault”) | Available | Abolished (RRA 2025, s.2) |
| Section 8 grounds | Schedule 2 (pre-reform) | Schedule 2 (revised, 37 grounds) |
| Tenant’s notice period | Per contract; default 1 month | 2 months (statutory) |
| Pet rights | None — landlord can refuse anything | Statutory right to request; landlord may not unreasonably refuse |
| Rent increase | Contractual escalator OR Section 13 | Section 13 only; max once per 12 months |
| Deposit cap | 5 / 6 weeks (Tenant Fees Act 2019) | Unchanged: 5 / 6 weeks |
| Deposit protection | 30 days (HA 2004, s.213) | Unchanged |
| Right to Rent | Required (IA 2014) | Unchanged |
| Pre-tenancy pack | How to Rent + EPC + Gas + EICR | Unchanged + new Information Sheet (transition) |
| Repair obligation | LTA 1985, s.11 | Unchanged |
| Fitness for habitation | HFFFH Act 2018 | Unchanged |
| Discrimination | Equality Act 2010 | Unchanged |
| Self-help eviction | Prohibited (PfEA 1977) | Unchanged |
| Court process | County Court (HMCTS) | Unchanged |
| Tribunal challenge to rent | First-tier Tribunal | Unchanged |
| Out-of-scope | Resident landlord, social housing, common-law tenancies | Same exclusions |
2. Structural Differences — Fixed Term vs Periodic
Under an AST
A typical AST had a 6- or 12-month fixed term, after which it either:
- Renewed by a new written agreement (a fresh fixed term), or
- Continued as a statutory periodic tenancy on the same terms (Housing Act 1988, s.5(2)).
The fixed term gave both parties certainty: the tenant could not leave without a break clause; the landlord could not (in practice) recover possession during the fixed term except on Section 8 grounds.
Under an APT
There is no fixed term. The tenancy is periodic from day one. The period is monthly or shorter — the RRA 2025 prohibits any period longer than one month.
The implications:
- The tenant can leave at any time on 2 months’ written notice.
- The landlord can never end the tenancy by giving notice without a reason; only Section 8 grounds work.
- The “fixed-term certainty” model that landlords relied on is gone.
3. The Section 21 Abolition — The Headline
Section 21 of the Housing Act 1988 (as it stood) gave landlords a procedural route to recover possession without giving any reason. Two months’ notice; a possession order followed automatically if the procedural box-ticking was correct.
Section 21 is repealed by the RRA 2025, s.2. From 1 May 2026:
- No new Section 21 notice may be served.
- Any Section 21 notice served on or after that date is invalid.
- Section 21 notices served before 1 May 2026 are preserved if proceedings have started; otherwise they lapse.
Statute: https://www.legislation.gov.uk/ukpga/2025/26/contents
4. The Section 8 Reform — 37 Grounds in the Revised Schedule 2
Schedule 2 to the Housing Act 1988 has been substantially rewritten by the RRA 2025. The most-used grounds in routine practice:
| Ground | Substance | Notice | Mandatory / Discretionary |
|---|---|---|---|
| 1 | Landlord/family occupation | 4 months | Mandatory |
| 1A | Sale | 4 months (12-month no-let after) | Mandatory |
| 2 | Mortgagee sale | 4 months | Mandatory |
| 6 | Demolition/redevelopment | 4 months | Mandatory |
| 8 | Rent arrears (3 months) | 4 weeks | Mandatory |
| 10 | Some rent unpaid | 4 weeks | Discretionary |
| 12 | Breach of obligation | 2 weeks | Discretionary |
| 14 | Anti-social behaviour | Immediate | Discretionary |
Key change: Ground 8 (mandatory rent arrears) threshold rose from 2 months to 3 months under the RRA 2025. This is a meaningful tenant protection.
Schedule 2: https://www.legislation.gov.uk/ukpga/1988/50/schedule/2
5. Tenant’s Notice Period
| Tenancy | Tenant ends by |
|---|---|
| AST (in fixed term) | Break clause if any; otherwise cannot |
| AST (statutory periodic) | 1 month under common law / s.5 implication |
| APT | 2 months written notice, expiring on the last day of a rental period |
The 2 months notice under APT is statutory — it cannot be shortened by contract. The tenant is more flexible than under an AST fixed term but less flexible than under a typical AST periodic 1-month notice. The number is fixed by statute.
6. Rent Increases — Contractual Escalator Is Dead
Under an AST
A landlord could include a rent escalator clause (“rent increases by RPI + 2% on each anniversary”) and the clause was binding contract.
Under an APT
Contractual rent escalators are unenforceable. The only lawful route to a rent increase is a Section 13 notice (HA 1988, s.13):
- Maximum once every 12 months
- 2 months minimum notice
- Tenant may challenge at the First-tier Tribunal (Property Chamber) within the notice period
- The Tribunal sets the rent at open-market level
This is the single biggest practical change for landlords with long-term tenancies. Every long-term let now needs an annual market-rent review served by Section 13, not an automatic escalator.
First-tier Tribunal: https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber
7. The New Pet Right
ASTs gave landlords absolute discretion on pets. APTs give tenants a statutory right to request, and require landlords to respond in writing and give reasons for any refusal. Insurance / surcharge routes replace the (prohibited) pet deposit.
See companion article: UK Pet Rights for Tenants: RRA 2025 Statutory Pet Right.
8. Conversion of Existing ASTs — 1 May 2026
On 1 May 2026, almost all existing ASTs convert automatically to APTs. The fixed term ends; Section 21 ceases to be available; new tenant rights apply.
Exception: A tenancy does not convert if a valid Section 21 or Section 8 notice was served before that date and possession proceedings have not concluded. Those tenancies remain ASTs until proceedings conclude.
Mandatory disclosure: Between 1 May 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.
Information Sheet (Government publication): https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026
9. What Does NOT Change
A surprising amount stays the same:
| Area | Both AST and APT |
|---|---|
| Deposit cap | 5 weeks (annual rent < £50k) / 6 weeks (≥ £50k) |
| Deposit protection | Within 30 days; HA 2004, ss.213–215A |
| Right to Rent | IA 2014 — pre-tenancy check |
| Pre-tenancy pack | How to Rent, EPC, Gas Safety, EICR, smoke/CO declaration |
| Tenant Fees Act 2019 | Prohibitions on most fees |
| Repair obligations | LTA 1985, s.11 + HFFFH Act 2018 |
| Discrimination | Equality Act 2010 |
| Smoke/CO alarms | SCMR 2015 (as amended 2022) |
| Court process | County Court HMCTS |
| Self-help eviction | PfEA 1977 — criminal offence |
The compliance backbone is preserved. What changed is the end-of-tenancy mechanics and rent review mechanics.
10. Side-by-Side Walkthroughs
Walkthrough A — Landlord Wants Property Back to Sell
| Step | Under AST | Under APT |
|---|---|---|
| 1 | Serve Section 21 notice (no reason needed) | Serve Section 8 notice citing Ground 1A (sale) |
| 2 | 2 months’ notice | 4 months’ notice |
| 3 | Apply for accelerated possession | Apply for standard possession |
| 4 | Court grants — no defence | Court grants if Ground 1A proven |
| 5 | After move-out, sell or re-let | After move-out, sell only — cannot re-let or re-market for 12 months |
Walkthrough B — Tenant Wants to Leave
| Step | Under AST (fixed term) | Under APT |
|---|---|---|
| 1 | Serve break notice if break clause; otherwise cannot leave | Serve 2-month written notice |
| 2 | Notice period per break clause | 2 months ending on last day of rental period |
| 3 | Move out | Move out — no penalty |
Walkthrough C — Rent Increase
| Step | Under AST | Under APT |
|---|---|---|
| 1 | Apply contractual escalator OR serve Section 13 | Serve Section 13 (no escalator allowed) |
| 2 | Frequency per contract or Section 13 (annual) | Maximum once per 12 months |
| 3 | Tenant challenge route: Tribunal | Same: First-tier Tribunal |
11. The Compliance Bottom Line
For landlords:
- Replace AST templates with APT-compliant templates.
- Drop contractual rent escalators; serve Section 13 annually instead.
- Plan possession recovery around Section 8 grounds and longer notice periods.
- Issue the Information Sheet to every existing tenant in May 2026.
- Update the pets clause to comply with the new statutory right.
For tenants:
- You can leave on 2 months’ notice from day one.
- The landlord can no longer evict without a reason.
- Rent can only increase by Section 13 — and you can challenge it.
- You have a statutory right to request a pet.
- You receive an Information Sheet between 1 and 31 May 2026 confirming your new rights.
For both: the floor of compliance — deposit, Right to Rent, pre-tenancy pack, repair obligations, safety — is unchanged.
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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 solicitors, barristers, or attorneys.
Sources
- Renters’ Rights Act 2025: https://www.legislation.gov.uk/ukpga/2025/26/contents
- Housing Act 1988: https://www.legislation.gov.uk/ukpga/1988/50/contents
- Housing Act 1988, Schedule 2: https://www.legislation.gov.uk/ukpga/1988/50/schedule/2
- Tenant Fees Act 2019: https://www.legislation.gov.uk/ukpga/2019/4/contents
- RRA 2025 Information Sheet: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet-2026
- First-tier Tribunal (Property Chamber): https://www.gov.uk/courts-tribunals/first-tier-tribunal-property-chamber
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Legal information, not legal advice. MmowW Scrib🐮 is operated by a licensed Gyoseishoshi (行政書士) office in Japan. We are not solicitors, barristers, attorneys, avocats, notaries, or licensed legal practitioners in any jurisdiction outside Japan. For binding legal advice, consult a qualified practitioner admitted in the relevant jurisdiction.
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