Residential Tenancy Agreement Solicitors
A residential tenancy agreement is the contract between a landlord and a tenant that sets out the terms on which a home is let, including rent, deposit, repairs, the parties’ obligations and how the tenancy can end.
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In England, the Renters’ Rights Act 2025 transformed private tenancy agreements from 1 May 2026. Adam Bernard Solicitors drafts compliant residential tenancy agreements and written statements of terms for landlords and letting agents, and reviews agreements for tenants.
If you are still using an assured shorthold tenancy (AST) template with a fixed term and a section 21 notice clause, it is out of date for new lettings in England.
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What Changed on 1 May 2026?
From 1 May 2026, most existing assured shorthold tenancies in England converted into assured periodic tenancies, new private tenancies are periodic from the start, and section 21 “no-fault” evictions were abolished. Under the Renters’ Rights Act 2025:
• Assured periodic tenancies replace fixed-term ASTs for most private lettings. Tenants can end the tenancy by giving notice.
• Section 21 notices can no longer be used. Landlords must rely on the statutory grounds for possession.
• Rent increases are limited to once a year using the statutory notice procedure under section 13 of the Housing Act 1988.
• Existing tenants did not need to sign a new agreement, but landlords had to give them the government’s information sheet by 31 May 2026.
The government’s overview for landlords and guide to the Renters’ Rights Act explain the changes.
The Written Statement of Terms
Landlords must now give tenants a written statement of the terms of a new assured periodic tenancy before it is entered into, and failure to do so can lead to a fine. The required content is set out in the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026. A compliant residential tenancy agreement should incorporate all required information, including rent, how rent increases work, the deposit, and the landlord’s details. The Renters’ Rights Act information sheet is the government’s prescribed document for existing tenants.
Key Clauses in a Residential Tenancy Agreement
A good tenancy agreement goes beyond the statutory minimum to set out practical obligations clearly.
• Parties and property – including any shared areas, parking or storage.
• Rent – amount, due date, payment method and the statutory rent increase procedure.
• Deposit – amount and the protection scheme used.
• Repairs and maintenance – landlord and tenant responsibilities.
• Access – notice for inspections and repairs.
• Pets – how requests will be considered, as tenants now have the right to request a pet, which landlords cannot unreasonably refuse.
• Alterations, subletting and use of the property.
• Ending the tenancy – tenant notice and the landlord’s statutory grounds.
Deposits, Right to Rent and Safety Obligations
Landlords must protect deposits in a government-approved scheme, carry out right to rent checks and comply with safety requirements before and during the tenancy.
• Deposits – see GOV.UK guidance on tenancy deposit protection.
• Right to rent – see GOV.UK guidance on right to rent checks.
• Prohibited fees – most fees beyond rent and deposit are banned under the Tenant Fees Act 2019.
• Safety – gas safety, electrical safety and energy performance certificates.
Lettings Outside the New Regime
Some lettings are not assured tenancies, such as lodger arrangements, some student accommodation and company lets, and need different agreements. We advise on the correct type of agreement for each situation.
Ending a Tenancy Lawfully
Since 1 May 2026, landlords in England can only recover possession using the statutory grounds, such as selling the property, moving in, or serious rent arrears, with the required notice. Illegal eviction and harassment are criminal offences. For possession advice, our housing team can help; for property services contracts, see our managed services agreements for landlords page.
Landlord Checklist for New Tenancies From 2026
Before a new tenant moves in, landlords in England should complete these steps.
• Provide the written statement of terms before the tenancy is entered into.
• Carry out right to rent checks.
• Protect the deposit and provide the prescribed information.
• Provide safety certificates and the energy performance certificate.
• Confirm the rent and how future increases will be handled.
• Keep records of everything provided, as these may be needed if possession is ever sought.
How Adam Bernard Solicitors Can Help
• Drafting Renters’ Rights Act-compliant tenancy agreements and written statements.
• Updating landlord and letting agent templates through our contract redrafting service.
• Reviewing tenancy agreements for tenants through our contract review service.
Call 0207 100 2525 (24/7) or book a free consultation to discuss your contract.
This page is for information only and does not constitute legal advice.
Frequently Asked Questions
Can landlords still use assured shorthold tenancy agreements in England?
Do existing tenants need to sign a new tenancy agreement?
What is a written statement of terms?
Can a landlord still use a section 21 notice?
How often can a landlord increase rent?
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