Picture a landlord letting out a two-bed flat to a young couple, with no fixed end date, rent due on the first of the month, and both sides wanting a document that will actually hold up if something goes wrong. Since the Renters' Rights Act 2025 reforms began on 1 May 2026, that is the only shape a new private residential tenancy in England takes. Fixed-term assured shorthold tenancies are gone. A new tenancy is an assured periodic tenancy from day one, rolling period to period with no end date built in.
This guide sets out what belongs in the agreement, why the rules changed, and how to draft one from a fixed clause library and take it through to signature. It is general information, not legal advice, and the law here changed recently, so always check the current position before you rely on a specific figure.
Who this matters most to
Private landlords letting a single property, letting agents managing several tenancies, and anyone renting out a room or a whole flat for the first time since May 2026 all need this. The reason it matters now specifically is that the old template many landlords still have on file describes a system that no longer exists: a fixed term, a section 21 notice, and a tenancy that automatically became periodic only once the term ran out. None of that is how a new tenancy works today. Getting the agreement wrong is not just a paperwork problem. Mistakes over the written statement, the deposit or notice can mean financial penalties, a weaker possession claim or delay, so getting the paperwork right comes first.
What an assured periodic tenancy must include
| Clause | What it needs to say | Why it matters |
|---|---|---|
| Parties and address for service | Landlord's full name, tenant names, an address in England or Wales for serving notices | Under section 48 of the Landlord and Tenant Act 1987, rent is not treated as due until the tenant has this address |
| Rent and payment | Amount, due date, payment method | The rent figure anchors every later Section 13 increase |
| Deposit | Amount, which of the three schemes protects it | Protection is mandatory within 30 days, with penalties for missing it |
| Repairs | Landlord keeps structure, exterior and key installations in repair | Implied by section 11 of the Landlord and Tenant Act 1985 regardless of what the contract says |
| Written statement | Sets out the terms, given to the tenant before the tenancy is entered into | A new statutory duty on the landlord under the Renters' Rights Act 2025 |
| Ending the tenancy | Tenant notice, landlord possession grounds | Section 21 no longer exists; every route to possession now runs through Section 8 |
Start with the written statement duty. Since 1 May 2026, a landlord (or their letting agent) must give the tenant a written statement of the tenancy terms, in the ordinary case before the tenancy is entered into (section 16D of the Housing Act 1988, inserted by the Renters' Rights Act 2025), with different deadlines in some situations, such as a change of landlord. Its required content is set by the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026, which also came into force on 1 May 2026. They cover, among other things, the landlord's and tenants' names and contact details, an address for serving notices, the property and the start date, the rent and how it is paid, bills, the deposit, security of tenure, and fitness, electrical and gas safety. Skipping this is not a minor slip. It is a distinct statutory duty, separate from the tenancy agreement itself, so check the regulations before you finalise wording.
Rent works differently now too. There is no rent-review clause to negotiate, because contractual rent increases inside the agreement are not the route landlords use any more. A landlord who wants to raise the rent serves a Section 13 notice on the prescribed form, gives at least two months' notice, and cannot increase more than once in any twelve-month period. A tenant who disagrees can refer the proposed rent to the First-tier Tribunal, which decides the market rent and cannot set it higher than the landlord proposed. Your agreement should say plainly that rent changes only happen through this statutory route, not through a private side letter.
Deposit protection has not changed in principle. The deposit 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. A landlord who misses this can face a court order to pay the tenant between one and three times the deposit, on top of returning it. Say in the agreement which scheme protects the deposit and when it was lodged, so there is a record either side can point to later.
Repairs sit outside the negotiation entirely. Section 11 of the Landlord and Tenant Act 1985 implies a duty on the landlord to keep the structure and exterior in repair, along with the installations for water, gas, electricity, heating and sanitation, in any residential tenancy of less than seven years. This applies whether or not the agreement mentions it, and section 9A of the same Act also requires the home to be fit for human habitation, so a well-drafted tenancy states both and neither side is guessing what the law already requires.
How the periodic structure differs from a fixed term
The biggest practical change is that there is no fixed term to negotiate around. Every new tenancy starts periodic, most commonly running month to month if rent is paid monthly. A tenant can give the landlord at least two months' written notice to leave at any point, even from the first day of the tenancy, expiring at the end of a rental period. There is no penalty for leaving "early" because there is no fixed term to break.
For the landlord, ending the tenancy now only happens through a Section 8 notice citing one or more grounds set out in Schedule 2 of the Housing Act 1988, as amended. There is no equivalent of the old no-fault section 21 route. A landlord who wants to sell can use Ground 1A, and one who wants to move in can use Ground 1, each on four months' notice, and that notice cannot expire before the first 12 months of the tenancy have passed. The mandatory ground for serious rent arrears, Ground 8, requires at least three months' unpaid rent for a monthly tenancy, or thirteen weeks for weekly or fortnightly rent, with four weeks' notice, and the arrears must still meet that threshold at the court hearing, not just when notice was served. These figures are from the government's grounds for possession guidance, as at October 2026. Grounds and notice periods in this area have moved substantially over the past year, so check the current position on gov.uk before you serve a notice.
Outside England
This template is drafted specifically for an assured periodic tenancy in England under the Housing Act 1988 as amended by the Renters' Rights Act 2025. If you are letting a property in Wales, the equivalent document is a standard occupation contract under the Renting Homes (Wales) Act 2016, which uses different terminology and a different notice regime; see our occupation contract explainer. If you are outside England and Wales entirely, the clause list above is still the right checklist to hold your own jurisdiction's tenancy law against: who the parties are, how rent moves, where the deposit sits, who repairs what, and exactly how either side can end the arrangement.
Where landlords get this wrong
The most common mistake right now is reusing an old assured shorthold tenancy template that still refers to a fixed term or a section 21 notice. Both concepts no longer apply to a new tenancy, and a document built around them can mislead a tenant about their real rights, which is the opposite of what a landlord wants on file if a dispute reaches a tribunal. The second common mistake is treating the written statement of terms as optional paperwork rather than a separate legal duty that sits alongside the tenancy agreement itself.
How to draft one in 99 Data Rooms
Inside AI Legal Drafting, the 99 Data Rooms template library, the Assured Periodic Tenancy (England) sits in the Property & tenancy group, next to the Lodger Licence (England) and the Occupation Contract (Wales). It is written to the post-May 2026 position: periodic from the outset, the Section 13 rent route, the current deposit scheme rules, and the Section 8 possession framework rather than the old section 21 route. As with every template in the library, the assistant selects clauses by ID from a fixed clause library using your answers and fills the blanks, which matters here because the law changed recently enough that a generic AI chatbot trained on older sources may still describe a system that no longer exists. See our companion guide on drafting a tenancy agreement with AI for the full walk-through. If you manage more than one let, our guide to the best data room for property and real estate covers organising several tenancies in one place.
Draft it, share it, sign it, one flow
Once the draft is ready, share it with the tenant as a tracked, revocable link rather than a PDF attached to an email. On Plus, gate it behind a verified email, so you know the right person opened their own tenancy, and page-by-page analytics show which pages the tenant opened and for how long, not just whether the link was opened.
When both sides are ready, send it for signature in the browser, from Plus. The tenant signs without needing an account, and the executed agreement returns with an audit certificate recording who signed, when, their intent to sign, a privacy-protected network location and a SHA-256 fingerprint. Electronic signatures are valid for most commercial documents in England and Wales (a deed needs a witness who is physically present, which this e-signature flow does not record). Most periodic tenancies are not deeds, but a lease of more than three years must be made by deed, so check whether your arrangement needs one; see our explainer on whether electronic signatures are legally binding for the detail. General information, not legal advice. Store the signed tenancy alongside its key dates, deposit protection certificate and any later rent notices in the same place, and set a reminder for when a Section 13 review is due.
Frequently asked questions
Do assured shorthold tenancies still exist?
Not for private landlords. Since the Renters' Rights Act 2025 reforms began on 1 May 2026, new private residential tenancies in England are assured periodic tenancies, not assured shorthold tenancies, and most existing private tenancies, including fixed-term ones, became assured periodic tenancies on that date.
Can a landlord still use a section 21 notice?
No. Since 1 May 2026, section 21 no-fault notices can no longer be served on private tenancies. Possession now requires a Section 8 notice citing a specific ground from Schedule 2 of the Housing Act 1988 as amended, such as serious rent arrears or the landlord's intention to sell. Check the current grounds and notice periods on gov.uk before serving one.
How much notice does a tenant have to give to leave?
At least two months, in writing, expiring at the end of a rental period. A tenant can serve this notice from the first day of the tenancy, because there is no fixed term to complete first.
Is a written statement of terms the same as the tenancy agreement?
No. The written statement is a separate statutory duty under the Renters' Rights Act 2025, given, in the ordinary case, before the tenancy is entered into, with its content set by regulations: details such as the parties, the rent, an address for service, the deposit and safety information. The tenancy agreement itself can and should include more detail beyond that minimum.
How is rent increased on a periodic tenancy now?
Only through a Section 13 notice on the prescribed form, at most once every twelve months, giving at least two months' notice. A tenant who disagrees can refer it to the First-tier Tribunal, which decides the market rent and cannot set it higher than the landlord proposed.
Draft your tenancy agreement in 99 Data Rooms
You can draft an assured periodic tenancy from a fixed clause library, keep it, and share or sign it in the same place, built to the current written statement, rent and possession rules rather than the pre-2026 system. Signing starts on Plus. The free tier gives three rooms and twenty-five active links, forever, with no card, plus Legal credits for the drafter each month. Start for free.
Sources
- Renters' Rights Act 2025, full text: https://www.legislation.gov.uk/ukpga/2025/26/contents
- Written statement of terms duty (section 12) and rent increase procedure (Section 13): https://www.gov.uk/government/publications/the-renters-rights-act-information-sheet
- Written statement content, the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026: https://www.legislation.gov.uk/uksi/2026/324/contents/made
- Grounds for possession, government guidance for landlords: https://www.gov.uk/government/publications/grounds-for-possession-guidance-for-landlords-and-letting-agents
- Address for service, section 48 Landlord and Tenant Act 1987: https://www.legislation.gov.uk/ukpga/1987/31/section/48
- Repairing obligations, section 11 Landlord and Tenant Act 1985: https://www.legislation.gov.uk/ukpga/1985/70/section/11
- 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/