You set up a periodic tenancy in England by giving the tenant a written statement of terms before they sign, taking the deposit and protecting it in a government-backed scheme within the statutory deadline, serving the compliance documents the law requires at the start of the tenancy, and understanding that the tenancy has no fixed end date from day one. Since the Renters' Rights Act 2025 came into force on 1 May 2026, every new private residential tenancy in England starts this way. This article is the setup sequence for a new tenancy, not the full clause-by-clause checklist, which our assured periodic tenancy template guide already covers in detail. It is written for England specifically.
> Quick answer: Setting up a periodic tenancy means, in order: give the tenant a written statement of terms before they sign, take and protect the deposit within 30 days in one of the three government-backed schemes, serve the compliance documents the law requires, such as gas safety and EPC information, and confirm the tenancy runs period to period with no fixed term. Get the sequence right at the start, because a gap in any one step can undermine a landlord's position later, including on possession.
Step one: the written statement of terms, before signing
Since 1 May 2026, a landlord or their letting agent must give the tenant a written statement of the tenancy terms before the tenant signs, not after. It needs to include the landlord's full name, the names of all tenants, the date the tenancy begins, the rent and when it falls due, and an address in England or Wales where the tenant can serve notices, a separate requirement under section 48 of the Landlord and Tenant Act 1987. This is a distinct statutory duty from the tenancy agreement itself, introduced by the Renters' Rights Act 2025, and it is easy to treat as paperwork that can follow later. It cannot. More detail on the prescribed form is expected, so check the current position before you finalise the wording you use.
Get the order right: statement first, signature second. A landlord who hands over the written statement alongside the signed agreement, or after move-in, has not met the duty as it is currently framed, and a gap here is exactly the kind of compliance failure that surfaces at the worst possible moment, during a dispute or a possession claim. Our companion piece on what happens if you never gave a tenant their written terms covers the consequences of getting this step wrong in detail.
Step two: taking the deposit and hitting the protection deadline
If you are taking a deposit, it must go into one of the three government-backed schemes, Deposit Protection Service, Tenancy Deposit Scheme or mydeposits, within 30 days of receipt, with prescribed information served on the tenant at the same time. This has not changed with the Renters' Rights Act 2025, but the consequences of missing it remain serious: a court can order a landlord who fails to protect a deposit correctly to pay the tenant between one and three times the deposit amount, on top of returning it. Note in your own records which scheme protects the deposit and the date it was lodged, so there is a clear answer if a tenant, or later a tribunal, asks.
The setup sequence at a glance
| Step | What to do | Deadline or trigger |
|---|---|---|
| Written statement of terms | Give the tenant the statement before they sign | Before signature, not after |
| Deposit protection | Lodge the deposit in one of the three schemes, with prescribed information | Within 30 days of receipt |
| Gas safety record | Provide a current gas safety certificate if there is a gas appliance | Before the tenancy starts, and annually thereafter |
| EPC | Provide the property's Energy Performance Certificate | Before the tenancy starts |
| How to Rent guide | Give the tenant the current version of the government's guide | Before the tenancy starts |
| Address for service | State an address in England or Wales for notices | In the tenancy documents from the outset |
Step three: the compliance documents to serve at the start
Alongside the written statement, a compliant setup means serving the documents the law has long required before a tenant moves in: a current gas safety certificate if the property has a gas appliance, the property's Energy Performance Certificate, and the government's current How to Rent guide. These duties predate the Renters' Rights Act 2025 and continue to apply. Missing any one of them has historically undermined a landlord's ability to recover possession through the courts, and there is no reason to assume that changes under the new regime. Serve them at the same point you serve the written statement, so nothing is left to remember later under time pressure.
Step four: understanding what periodic means for notice
Every new tenancy starts periodic from day one, most commonly running month to month if rent is paid monthly, with no fixed term to negotiate around and no automatic conversion from a fixed term because there is no fixed term to begin with. This changes the shape of notice on both sides compared with the old assured shorthold system.
A tenant can give the landlord at least two months' written notice to leave, expiring at the end of a rental period, and can do this from the very first day of the tenancy since there is no minimum term to complete. For the landlord, ending the tenancy only happens through a Section 8 notice citing a specific ground under Schedule 2 of the Housing Act 1988 as amended. There is no equivalent of the old no-fault section 21 route any longer. Setting the tenancy up correctly means being honest with the tenant, and with yourself, that possession now runs entirely through named statutory grounds rather than a fixed-term expiry. These grounds and their notice periods have moved substantially over the past year, so verify the current position on gov.uk before you rely on any specific figure when the time comes.
Outside England
This guide is written specifically for a periodic tenancy in England under the Housing Act 1988 as amended by the Renters' Rights Act 2025. If you are letting in Wales, the setup sequence is different in structure and terminology: a standard occupation contract under the Renting Homes (Wales) Act 2016 uses its own written statement duty and its own notice regime, and English rules should not be extended across the border. See our guide on issuing an occupation contract in Wales if that applies to you. If you are outside England and Wales entirely, the sequence above, statement before signature, deposit protection deadline, compliance documents at the start, and clarity on how notice works, is still the right order of operations to hold your own jurisdiction's tenancy law against.
Setting it up properly and keeping the record
Draft the tenancy from a template built to the current position, as our guide on drafting a tenancy agreement with AI covers, assembled from vetted clauses rather than invented by a generic chatbot, which matters given how recently the law changed; see our assembled clauses versus invented ones guide for why that distinction is the whole argument here. Then share it with the tenant as a tracked, revocable link rather than a PDF attached to an email. Gate it behind a verified email, so you know the right person is opening their own tenancy documents. Page-by-page analytics show whether the tenant actually read the written statement and the notice terms, not just whether the link was opened.
When both sides are ready, send it for signature in the browser. Electronic signatures are admissible for most commercial documents in England and Wales, though check whether your specific arrangement needs any part executed differently. General information, not legal advice. Once signed, keep the tenancy agreement, the written statement, the deposit protection certificate, and the gas safety and EPC documents together in one place, and set a reminder ahead of the date a Section 13 rent review or a gas safety renewal falls due, rather than relying on memory a year later. Our guide on getting reminded before a contract expires and our walkthrough on uploading existing tenancies and tracking their key dates both cover how to do that without a spreadsheet drifting out of date.
Frequently asked questions
When do I have to give a tenant the written statement of terms?
Before they sign the tenancy agreement, not after and not at move-in. This is a distinct statutory duty introduced by the Renters' Rights Act 2025, separate from the tenancy agreement itself, and the government has said more detail on the prescribed form will follow, so check the current position before you finalise your wording.
How long do I have to protect a tenant's deposit?
Within 30 days of receiving it, in one of the three government-backed schemes, Deposit Protection Service, Tenancy Deposit Scheme or mydeposits, with prescribed information served on the tenant at the same time. Missing the deadline can expose a landlord to a court order for one to three times the deposit.
Does a new tenancy in England still have a fixed term?
No. Since 1 May 2026, every new private residential tenancy in England is periodic from the outset, most commonly month to month, with no fixed term and no equivalent of the old section 21 route to end it without a stated ground.
What compliance documents do I need to serve before a tenant moves in?
A current gas safety certificate if the property has a gas appliance, the Energy Performance Certificate, and the government's current How to Rent guide, alongside the written statement of terms. Serve all of these before the tenancy starts, not afterward.
Can I still use my old assured shorthold tenancy template?
No, not without significant rewriting. An old template built around a fixed term and a section 21 notice describes a system that no longer applies to new tenancies, and relying on it risks misleading a tenant about their real rights.
Put the tenancy terms in writing
Assemble a compliant assured periodic tenancy from vetted clauses, built to the current written statement, deposit and notice rules, then share, sign and store it in the same place with reminders set for the dates that matter. The free tier gives three rooms and twenty-five active links, forever, with no card required; the AI drafter and e-signature start on Pro at £19 a month. Start for free and get the setup sequence right the first time.
This article is general information about England and Wales practice, not legal advice. The law here changed substantially and recently, so verify anything critical, especially deadlines and notice periods, with a qualified adviser or gov.uk before relying on it.
Sources
- Renters' Rights Act 2025, full text: https://www.legislation.gov.uk/ukpga/2025/26/contents
- Written statement of terms duty and rent increase procedure: https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet
- Address for service, section 48 Landlord and Tenant Act 1987: https://www.legislation.gov.uk/ukpga/1987/31/section/48
- Tenancy deposit protection rules: https://www.gov.uk/tenancy-deposit-protection
- Grounds for possession, Schedule 2 Housing Act 1988 as amended: https://www.legislation.gov.uk/ukpga/1988/50/schedule/2
- Electronic execution of documents, Law Commission (2019): https://lawcom.gov.uk/project/electronic-execution-of-documents/