Tenancy agreements – what landlords need to know

 

  •  7 minutes

7 minutes

It’s no secret that being a landlord can be challenging, so it’s important to stay on top of your landlord responsibilities and obligations, while keeping the safety of your tenants in mind.

A tenancy agreement sets out the terms under which a landlord rents a property to a tenant. It explains who is responsible for what, how the tenancy operates, and what happens if things go wrong.

Having a clear tenancy agreement in place can help prevent misunderstandings, support lenders' and insurers' requirements, and provide clarity if disputes arise. With changes to private renting that came into force in May 2026, tenancy agreements continue to play a central role in managing landlord and tenant relationships. These changes largely only apply to tenancies in England.

Read more on what the changes to the Renters' Rights Act mean for you.

What is a tenancy agreement?

A tenancy agreement is a contract between a landlord and a tenant. It can be written or verbal, but most landlords choose to use a written agreement to set out the terms clearly.

A typical tenancy agreement covers:

  • The names of the landlord and tenant(s)
  • The address of the property
  • The rent amount and how it should be paid
  • Deposits and advance rent and the amount of deposit taken (subject to legal caps)
  • The length and type of tenancy
  • Responsibilities for repairs and maintenance
  • Notice periods
  • Conditions around use of the property

Information:

Since 1 May 2026, landlords have been required to provide prescribed written information about the tenancy to tenants. This information can be included within the tenancy agreement itself or supplied separately.

Why written tenancy agreements are recommended

Although there is no general legal requirement to issue a written tenancy agreement, most landlords choose to do so because it provides clarity and evidence if issues arise. It should also be noted that lenders require a written tenancy agreement. However, written statements have been a legal requirement since 1 May 2026 – see more on this below.

A written agreement can:

  • Help demonstrate agreed rent, responsibilities and notice arrangements
  • Reduce the risk of disputes between landlord and tenant
  • Support landlord insurance or mortgage requirements
  • Act as evidence for tenants claiming benefits or support

Information:

Since May 2026, with the move to open ended tenancies, written terms become even more important. With no fixed end date, the agreement helps define how rent reviews, notice, and possession operate over the long term.

Tenancy type changes introduced in May 2026

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.

Providing required tenancy information

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

Other changes affecting tenancy agreements

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.

Tenancies not affected by the reforms

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

Reviewing your tenancy agreement

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.

For ongoing updates and insights, visit our news and insights section.

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.