Since 1 May 2026, Assured Shorthold Tenancies have been abolished in England and replaced with Assured Tenancies.
This change applied to both new and existing tenancies.
Key implications for tenancy agreements include:
- Existing Assured Shorthold Tenancies in place before May 2026 automatically converted
- Fixed terms and contractual end dates no longer apply
- Section 21 'no‑fault' eviction wording no longer has effect, however, if a valid Section 21 or Section 8 notice was served before 1 May 2026, the old rules may still apply
- Landlords must rely on specific legal grounds to regain possession, as outlined in the government guidance.
- Tenants are able to give two months' notice
Pre-existing written agreements remain valid albeit certain terms no longer apply as detailed above, but landlords may want to review them to ensure outdated clauses do not cause confusion, for instance, references to fixed terms.
Landlords must now provide prescribed information. Depending on the situation, this includes:
- A government issued Information Sheet (PDF, 282KB) for existing written tenancies
- A Written Statement of Terms for existing verbal tenancies
- Prescribed written information for all new tenancies before they begin
Failure to provide the required information may result in enforcement action and fines, including:
- Civil penalties of up to £7,000 per breach, with higher fines of up to £40,000 for serious or repeated breaches
- Potential for rent repayment orders of up to two years' rent for serious offences
See more on enforcement measures
Some legal changes may not appear directly in tenancy agreements but still influence how they operate, including:
- Limits on rent increases (once every 12 months, with notice requirements, must follow the statutory Section 13 process and pre-existing rent review clauses cannot be used after May 2026)
- A ban on rental bidding
- Restrictions on advance rent requests
- A legal right for tenants to request a pet, which must be reasonably considered
- New protections against discrimination
Landlords should ensure their agreements and practices reflect these requirements.
Certain tenancy types remain largely unchanged, including:
- Excluded tenancies (such as lodgers)
- Tenancies to limited companies
- Regulated tenancies
- High-value tenancies where the annual rent exceeds £100,000
Landlords should ensure their tenancy agreements are consistent with the new legal requirements. This includes checking that they:
- Accurately reflect the new tenancy structure
- Explain rent review and notice processes clearly
- Avoid references to fixed terms or Section 21
- Align with the prescribed information landlords must provide
Clear and up to date tenancy agreements can help landlords manage risk, reduce disputes, and stay compliant as the private rented sector undergoes significant change.
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Note:
This article is provided for general information purposes only. Nothing in this article constitutes legal advice, nor should it be relied upon as such. Specific legal advice should be sought in relation to any particular circumstances.