If you are looking for an assured shorthold tenancy agreement, start with the thing most templates online still do not tell you: ASTs no longer exist. On 1 May 2026 the Renters’ Rights Act 2025 abolished the assured shorthold tenancy in England and converted every existing one into an assured periodic tenancy.
You did not have to do anything for that to happen. It happened by operation of law, to your tenancies, on that date. What you do have to do is understand what your agreements now say, what parts of them stopped working, and how you end a tenancy or raise a rent under the new system.
This guide explains what an AST was, exactly what replaced it, what happened to your existing paperwork, and the handful of situations where the old-style tenancy still turns up.
Key takeaways
- Assured shorthold tenancies were abolished in England on 1 May 2026. All assured tenancies are now periodic and roll on until properly ended.
- Section 21 no-fault possession is gone. You need a statutory ground under section 8 and, if the tenant does not leave, a court order.
- Fixed terms, rent review clauses and break clauses in existing agreements stopped having effect on that date.
- Tenants give two months’ notice. Most landlord grounds need four months, and Grounds 1 and 1A cannot be used in the first 12 months of a tenancy.
- New tenancies need a written statement of terms before the agreement is entered into — failure can cost up to £7,000.
- Rent rises only once a year, by a section 13 notice on Form 4A with at least two months’ notice, challengeable at the First-tier Tribunal.
What an assured shorthold tenancy was
The AST was created by the Housing Act 1988 and became the default private tenancy in England from 28 February 1997. For nearly three decades it was the standard letting: usually a six or twelve month fixed term, then a periodic tenancy rolling on month to month, with the landlord able to recover possession after the fixed term by serving two months’ notice under section 21 without giving a reason.
That combination — a short fixed term plus a no-fault exit — is what made buy-to-let lending work and what tenant groups spent years campaigning against. The Renters’ Rights Act removed both halves at once.
What replaced it on 1 May 2026
Every private tenancy in England that was an assured or assured shorthold tenancy is now an assured periodic tenancy. There is one tenancy type, it has no end date, and it continues until the tenant ends it or the landlord obtains possession on a statutory ground.
Assured shorthold tenancy (before 1 May 2026)
• Fixed term of six or twelve months, then periodic
• Section 21 no-fault possession after the fixed term
• Rent review clauses enforceable
• Tenant tied in for the fixed term
• Unlimited rent in advance permitted
Assured periodic tenancy (now)
• No fixed term; rolls on monthly
• Possession only on a section 8 ground
• Rent rises once a year by section 13 notice
• Tenant may leave on two months’ notice
• Maximum one month’s rent before the tenancy starts
What happened to your existing agreements
Your signed AST document still exists and most of it still binds. What changed is that certain terms stopped having legal effect on 1 May 2026, whatever the paper says:
- The fixed term. A tenancy that had months left to run became periodic immediately.
- Rent review clauses. Any clause providing for automatic increases — CPI-linked, RPI-linked, a stated uplift on renewal — is unenforceable. Rent now changes only by the statutory route.
- Break clauses. Redundant, because there is no fixed term to break.
- Blanket pet bans. A tenant can request a pet and the request cannot be unreasonably refused.
- Rent periods longer than a month. Converted to monthly periods.
What did not change: your deposit stays protected where it is and does not need re-registering, and your gas safety record, EICR and EPC continue as before. The tenancy is the same tenancy, not a new one.
There was also a one-off obligation. Landlords had to give existing tenants the government’s official information sheet explaining the reforms by 31 May 2026, and to issue a written statement of terms to any tenant on a purely oral tenancy by the same date. Local councils can impose a civil penalty of up to £7,000 for failing to do it — and if you missed the deadline, serving it late is better than never.
Key dates
From Royal Assent to full implementation
Renters’ Rights Act receives Royal Assent
ASTs and section 21 abolished; all tenancies become periodic
Deadline to give existing tenants the information sheet
Private Rented Sector Database begins rolling out
Landlord Ombudsman expected to launch
The written statement of terms
For any new assured periodic tenancy, you must give the tenant a written statement of terms before the agreement is entered into. This is not the same as handing over a tenancy agreement at signing — it has to come first, so the tenant can read it.
It must cover, at minimum:
- the landlord’s name and an address for service, and the tenant’s name;
- the start date, the rent, when it is payable, which bills are included, and the deposit;
- how rent can be increased;
- how the tenancy can be ended, including that a possession order is needed;
- repairing and fitness obligations, and gas and electrical safety duties;
- the tenant’s right to request a pet and to request disability-related improvements.
The detail is set out in the Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026. Get it wrong and a council can impose a civil penalty of up to £7,000. Update your template rather than editing an old AST by hand — an agreement that still calls itself an assured shorthold tenancy or purports to create a fixed term is itself a breach, attracting a penalty of up to £7,000 for a first offence.
How a tenancy now ends
When the tenant wants to leave
The tenant gives at least two months’ written notice, expiring at the end of a rent period. They can do that at any point, including in the first month, which is the change landlords feel most. You can agree a shorter notice period in writing if it suits you both, but you cannot require a longer one.
When the landlord needs possession
You need a ground under section 8 of the Housing Act 1988, and if the tenant does not leave you need a court order. There is no route that does not involve a reason.
| Ground | Use | Notice | Restrictions |
|---|---|---|---|
| 1 — landlord or family moving in | Mandatory | 4 months | Not in the first 12 months of the tenancy |
| 1A — selling the property | Mandatory | 4 months | Not in the first 12 months; 12-month re-letting ban afterwards |
| 4A — student HMO | Mandatory | 4 months | Must expire between 1 June and 30 September; prior written notice required |
| 8 — serious rent arrears | Mandatory | 4 weeks | 3 months’ arrears at service and at hearing; delayed Universal Credit discounted |
| 10 — any rent arrears | Discretionary | 4 weeks | Arrears at service and at hearing |
| 11 — persistent late payment | Discretionary | 4 weeks | Pattern of lateness, even if currently clear |
| 14 — antisocial behaviour | Discretionary | Immediate | Court weighs conduct and effect on others |
Two traps worth flagging. Serving a section 8 notice on a ground you know you cannot make out is an offence carrying a penalty of up to £40,000. And re-letting within 12 months after using Ground 1 or 1A carries the same exposure. If circumstances change after you serve, take advice before you re-market. Our guide on what to do when a tenant will not leave now section 21 has gone covers the practical route through the courts.
Raising the rent
One increase per tenancy per year, by statutory notice only. That means a section 13 notice on the prescribed Form 4A, giving at least two months before the new rent starts. Rent review clauses in the agreement cannot be used, and neither can an informal agreement to pay more.
The increase must not exceed open market rent for a comparable property. A tenant who thinks it does can apply to the First-tier Tribunal, and the tribunal cannot set a rent higher than the one you proposed. Our step-by-step on completing a section 13 notice walks through the form, and increasing rent during a tenancy covers the evidence to gather first.
Money taken at the start of a tenancy
Three caps now apply before anyone moves in:
- Rent in advance: you may require up to one month’s rent, and only after the agreement has been signed. Asking for, inviting or encouraging more is a prohibited payment.
- Tenancy deposit: five weeks’ rent where annual rent is under £50,000, six weeks at or above that — and it must be protected in an approved scheme within 30 days.
- Holding deposit: one week’s rent maximum, refundable in the circumstances set out in the Tenant Fees Act 2019.
You must also state the proposed rent when advertising, and you cannot invite or accept offers above it — rental bidding is now a breach carrying a penalty of up to £7,000. Our guide to deposit protection schemes covers the protection and prescribed information side.
Where you will still see the old-style tenancy
Not every letting is an assured periodic tenancy. Some arrangements were never assured tenancies at all and are unaffected by the reforms:
- lettings where the annual rent exceeds £100,000, or is below £250 a year (£1,000 in London);
- company lets, where the tenant is not an individual occupying as a home;
- lodgers living with a resident landlord, who are licensees rather than tenants;
- genuine holiday lets and most agricultural lettings;
- older regulated tenancies under the Rent Act 1977.
And the reforms are England-only. Wales moved to occupation contracts under the Renting Homes (Wales) Act 2016, and Scotland has used the private residential tenancy since 2017. If you let across borders, do not assume one document works everywhere.
What to do now: a short checklist
- Replace your tenancy template with one drafted for assured periodic tenancies — and stop issuing anything headed “assured shorthold tenancy agreement”.
- Check you served the information sheet on every existing tenant, and serve it now if you did not.
- Build the written statement of terms into your pre-tenancy process, before signature.
- Diarise rent reviews annually and use Form 4A. Delete any rent review clause from your template.
- Review your advertising: state the rent, and never entertain bids above it.
- Get your compliance file straight ahead of the PRS Database rollout — certificates, deposit records, licences.
- Re-read any guarantee agreements: with no fixed term, an open-ended guarantee is a much harder ask.
Common mistakes
- Downloading a free AST template. Most are pre-2026 and create a document that is now unlawful to issue.
- Trying to agree a twelve-month fixed term anyway. Purporting to create a fixed term is itself a breach, even if the tenant is happy with it.
- Increasing rent by agreement or by a clause. Section 13 and Form 4A, or nothing.
- Taking six months’ rent up front from a student or overseas tenant. One month is the ceiling, and inviting more is the breach.
- Assuming you can still serve a section 21. You cannot, and have not been able to since 1 May 2026.
What is still to come
The Act is being implemented in phases. The Private Rented Sector Database is being rolled out from late 2026, with landlords required to register and to have an active entry before marketing a property. The Landlord Ombudsman is expected in 2028. A Decent Homes Standard for the private rented sector and an extension of Awaab’s Law to private landlords are both subject to further consultation, with the government indicating a Decent Homes deadline in the mid-2030s.
Treat all of those as coming rather than settled, and check the current position before acting. Our tracker on when the PRS database and landlord ombudsman arrive is updated as dates firm up. The official material is the Renters’ Rights Act information sheet, the government’s implementation roadmap, and the Act itself.
Frequently asked questions
Do assured shorthold tenancies still exist?
Not in England. ASTs were abolished on 1 May 2026 and all existing ones became assured periodic tenancies automatically. Wales and Scotland have their own separate systems.
Is my old AST agreement still valid?
The tenancy continues and most terms still bind, but the fixed term, any rent review clause, any break clause and any blanket pet ban stopped having effect on 1 May 2026. Do not issue that document to new tenants.
Can I still agree a twelve-month fixed term?
No. Purporting to create a fixed-term assured tenancy is a breach, even with the tenant’s agreement, and can attract a civil penalty of up to £7,000 for a first offence.
How much notice does a tenant have to give now?
At least two months in writing, ending at the end of a rent period. A shorter period can be agreed in writing but cannot be imposed.
How do I evict a tenant without section 21?
Serve a section 8 notice on a valid ground — for example Ground 1A if you are selling, or Ground 8 for three months’ arrears — and apply to the court if the tenant does not leave. Most landlord grounds require four months’ notice.
Can I put the rent up when I like?
No. Once a year, by section 13 notice on Form 4A, with at least two months before it takes effect, and no higher than open market rent. The tenant can challenge it at the First-tier Tribunal.
How much rent can I take before the tenancy starts?
Up to one month’s rent, and only once the agreement has been signed, plus a deposit within the statutory cap. Requiring, inviting or encouraging more is a prohibited payment under the Tenant Fees Act 2019.
Written by the Landlords Portal editorial team. This article is general information about the law in England, not legal advice, and the Renters’ Rights Act is still being implemented in phases. Check the current position or take advice before acting on your own tenancies.
