Tenancy Agreements – what are they?

When you rent a property it is standard to take out a tenancy agreement. Until recently the most common form was the Assured Shorthold Tenancy (AST). Since 1 May 2026, new tenancies in England are assured periodic (rolling) tenancies under the Renters’ Rights Act 2025, with no fixed end date. A written agreement is still used and applies to both furnished and unfurnished accommodation.

In short: a tenancy agreement is the contract that sets out the rent, the terms and each party’s responsibilities. Always use a written, signed agreement, protect the deposit, and use the correct agreement for your nation (an assured periodic tenancy in England, an occupation contract in Wales, or a Private Residential Tenancy in Scotland).

Generally, tenancy agreements are taken out to cover a specific time period, often six months but they can be for shorter or much longer periods of time.  They are a legal agreement between landlord and tenant and they set out the duties and obligations of each to the other.  They also provide secured accommodation for the tenant, and an agreement on part of the tenant to pay rent on time and to take care of the property during the period of their tenancy.

Because tenancies in England are now periodic rather than fixed-term, a landlord can no longer simply give notice to take the property back at the end of a term. To regain possession you must have a legal ground and serve a Section 8 notice; the grounds for selling or moving in cannot take effect until the tenant has lived there for at least 12 months. A tenant, in turn, can leave by giving two months’ notice.

However, if the tenant is unwilling or unable to pay the due rent, or otherwise break the terms of the AST, for instance by damaging the property or upsetting the neighbours, the landlord may be interested in ending the tenancy agreement early, by serving a Section 8 notice that relies on a relevant ground, such as rent arrears or antisocial behaviour.

Although tenancy agreements are generally written agreements signed by both the landlord and the tenants, legally they may also be verbal agreements. However, in most cases having just a verbal agreement is not recommended as it can become difficult to enforce should any disputes arise.

Not all ASTs are for specified time periods. Some are completely open-ended, though that too can lead to problems.  Specifying a minimum time period is strongly recommended.

You can find information about different types of landlords insurance.

Tenancy Agreement Types in England, Wales and Scotland

The type of agreement you use depends on where your property is, because tenancy law is devolved.

England

In England the Housing Act 1988 governs assured tenancies. Since 1 May 2026 the Renters’ Rights Act 2025 has replaced fixed-term assured shorthold tenancies with open-ended assured periodic (rolling) tenancies, so new lets no longer have a fixed end date.

Wales

In Wales the Renting Homes (Wales) Act 2016 replaced tenancies and licences with occupation contracts (standard or secure), and tenants are known as contract-holders. Landlords must give a written statement of the contract.

Scotland

In Scotland most new lets are Private Residential Tenancies under the Private Housing (Tenancies) (Scotland) Act 2016, which are open-ended from the outset and have no minimum term.

Tenancy Agreements: Frequently Asked Questions

What is a tenancy agreement?

A tenancy agreement is a legal contract between a landlord and tenant that sets out the rent, the length and type of the let, and the responsibilities of each party. It can be written or verbal, but a signed written agreement is strongly recommended.

What type of tenancy agreement do I need in England?

Since 1 May 2026, new tenancies in England are assured periodic (rolling) tenancies under the Renters’ Rights Act 2025; the old fixed-term assured shorthold tenancy has been abolished for new lets. In Wales you would use an occupation contract, and in Scotland a Private Residential Tenancy.

Does a tenancy agreement have to be in writing?

A tenancy can legally be created verbally, but a written, signed agreement is far safer because it gives clear evidence of what was agreed if a dispute arises. In Wales, landlords must provide a written statement of the occupation contract.

Can a landlord change a tenancy agreement?

Once it is signed, the terms can generally only be changed if both the landlord and tenant agree. Any rent increase must follow the statutory process for the tenancy type and nation.

What should a tenancy agreement include?

As a minimum: the names of the parties, the property address, the rent and how and when it is paid, the deposit and the scheme protecting it, the length or type of tenancy, and who is responsible for repairs and bills.

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