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Compliance Guide12 min read

Tenancy Agreement UK 2026: What It Must Contain (AST vs Periodic Tenancy)

The Renters’ Rights Act changed what a tenancy agreement can say. The 2026 guide for landlords and agents: AST vs the new periodic assured tenancy, exactly what a valid written agreement must contain, the documents that must go with it, and the clauses that are now unenforceable.

Tenancy Agreement UK 2026: What It Must Contain (AST vs Periodic Tenancy) — Quiet UK terraced street in early morning mist
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TL;DR — quick answer

The Renters’ Rights Act changed what a tenancy agreement can say. The 2026 guide for landlords and agents: AST vs the new periodic assured tenancy, exactly what a valid written agreement must contain, the documents that must go with it, and the clauses that are now unenforceable.

General information, not legal advice. A tenancy agreement is a binding contract; for a contested clause or an unusual let, take advice before you sign.

A tenancy agreement is the single document every other obligation hangs off, and in 2026 it is also the one most likely to be out of date. The Renters’ Rights Act abolished Section 21 and fixed-term assured shorthold tenancies for new lets from 1 May 2026, so a template downloaded a year ago can now contain clauses that are unenforceable or actively wrong. Serve the wrong one and you do not just look unprofessional, you weaken your own position if anything is ever contested.

This guide, for landlords and agents alike, covers what kind of tenancy you are actually creating in 2026, what a valid written agreement must contain, the documents that have to go with it, and the clauses to delete before you reuse an old template.


AST or the new periodic tenancy? The 1 May 2026 line

The date the tenancy starts decides which regime applies:

  • Started before 1 May 2026: it began as an assured shorthold tenancy (AST), usually with a fixed term. On or shortly after commencement these convert to the new system automatically; you do not re-sign, but the way you end them changes.
  • Starts on or after 1 May 2026: there is no fixed term and no AST. Every new tenancy is a periodic assured tenancy that rolls month to month (or per rent period) from day one. There is no Section 21 “no-fault” route; possession runs through Section 8 grounds.
  • The practical upshot: a 2026 agreement is a periodic agreement. It should not promise a 12-month fixed term, should not mention Section 21, and should not pretend the tenant is locked in for a year. The mechanics of the switch are covered in the periodic tenancy conversion guide.


    What a valid written agreement must contain

    You are not legally forced to use a written agreement, but going without one in 2026 is reckless, and you must in any case give the tenant written terms. A sound agreement records, at minimum:

  • The parties: full legal names of every landlord and every tenant (and any guarantor).
  • The property: full address and what is included (parking, garden, furniture, outbuildings).
  • The rent: the amount, how often it is due, the day it is due, and how it is paid.
  • The deposit: the amount (capped at five weeks’ rent where the annual rent is under £50,000, or six weeks’ where it is £50,000 or more), the scheme it will be protected in, and the timescale.
  • The start date and the fact that it is a periodic tenancy.
  • Responsibilities: repairs, who insures what, access on 24 hours’ notice, and the tenant’s obligations.
  • Notice: how either side ends the tenancy under the post-2026 rules.
  • Keep it in plain English. Under consumer law an unclear or one-sided term can be struck out, so a clause the tenant cannot understand is worse than no clause at all.


    The documents that must go WITH the agreement

    The agreement is not served alone. Miss the accompanying paperwork and you create compliance gaps: some carry their own penalties, and a deposit failure will bar a Section 8 possession order until you fix it. Before or at move-in, serve:

  • A valid EPC, Gas Safety certificate and EICR.
  • The deposit prescribed information within the deadline, the detail is in the prescribed information guide.
  • A written statement of terms before the tenancy is entered into (this replaced the How to Rent guide, which GOV.UK withdrew on 1 May 2026).
  • The full move-in set is in the documents a landlord must give a new tenant checklist. The agreement is the cover; these are the proof.


    Clauses to delete before you reuse an old template

    Most problems come from recycling a pre-2026 template without cleaning it up. Cut or rewrite:

  • Any fixed-term lock-in that contradicts the periodic regime, “the tenant agrees to a minimum 12-month term” no longer reflects how new tenancies work.
  • Every reference to Section 21 or “no-fault” possession. It is gone; leaving it in signals an out-of-date agreement.
  • Prohibited fees. The Tenant Fees Act 2019 banned most charges, admin fees, referencing fees, inventory fees, renewal fees. A banned fee clause is unenforceable and risks a penalty; see the Tenant Fees Act guide.
  • “Contracting out” of repairing duties. You cannot sign away your statutory repair obligations; the clause simply will not hold.
  • Blanket bans on things the law now protects, such as a flat refusal of a reasonable pet request under the Renters’ Rights Act.
  • If in doubt, fewer, clearer, lawful clauses beat a long template stuffed with terms a court would ignore.


    For agents: the agreement is where your file starts

    For a managed property the tenancy agreement is the spine of the client file, and the first thing a redress scheme or an incoming landlord will ask to see. The expectation is a current, regime-correct agreement, signed by all parties, with the accompanying documents served and dated, all retrievable in seconds. Reusing a branch template from 2024 across new 2026 lets is exactly the kind of systemic slip that turns one complaint into a portfolio-wide problem. One source of truth for the agreement, the version and the served documents is what keeps the file defensible.


    Getting it right without paying a solicitor per let

    Most landlords do not need a bespoke contract for a standard let; they need a current, correctly-built agreement and the discipline to serve the right documents with it. That is what LetCompliance builds in. The free tenancy agreement template tool generates an agreement that picks the right regime from your start date, a pre-2026 AST or the new periodic tenancy, so you are not hand-editing an out-of-date Word file. Inside the app you can pre-fill it from the tenancy, attach the written statement of terms, send it for e-signature, and keep the signed copy and every served document on the property’s file as dated evidence.

    It is a strong sample template, not legal advice, and for anything unusual you should still take advice, but for a standard let it removes the single most common source of error: an agreement that quietly went out of date.


    The one-line takeaway

    In 2026 your tenancy agreement is a periodic agreement: no fixed-term lock-in, no Section 21, no banned fees, and never served without the EPC, Gas Safety, EICR, deposit prescribed information and a written statement of terms alongside it (the How to Rent guide was withdrawn on 1 May 2026). Build it from the start date, serve the full set, and keep the signed copy where you can find it.

    Build a 2026-ready tenancy agreement free, or start a LetCompliance trial to send it for e-signature and keep every served document court-ready on the property file.

    Free PDF · instant by email

    2026 UK Landlord Compliance Cheat Sheet

    Every Gas Safety, EICR, EPC, deposit and Right to Rent deadline on one printable A4 page. Updated for the Renters’ Rights Act 2025.

    • Every UK statutory deadline by document type
    • Maximum penalty per breach (HSE, MEES, RtR, deposit)
    • What blocks a Section 8 / Form 6A possession claim
    • Print-friendly A4 with checkboxes

    We only add you to the tips list if you tick the box, and you can unsubscribe in one click.

    Frequently asked questions

    Do I still need a written tenancy agreement in 2026?

    You are not legally forced to have a signed agreement, but you must give the tenant written terms, and going without a full written agreement in 2026 is reckless. It is the document every deposit, rent and possession question is decided against, so a clear, current written agreement protects you far more than it protects the tenant.

    Is an assured shorthold tenancy (AST) still valid in 2026?

    Tenancies that started before 1 May 2026 began as ASTs and remain valid, but they convert to the new assured periodic tenancy regime — you do not re-sign, but Section 21 no longer applies. Any tenancy starting on or after 1 May 2026 is not an AST at all; it is a periodic assured tenancy from day one.

    Can I still use a 12-month fixed term?

    Not for a new tenancy from 1 May 2026. The Renters' Rights Act abolished fixed terms for new assured tenancies — they are periodic and roll month to month. A template that locks the tenant into a minimum 12-month term no longer reflects the law and the lock-in clause will not hold.

    Is a free tenancy agreement template legally valid?

    A well-drafted template is fine for a standard let, provided it reflects the 2026 periodic regime, excludes banned tenant fees and Section 21 references, and is served with the required documents (How to Rent, EPC, Gas Safety, EICR, deposit prescribed information). For an unusual let or a contested clause, have it checked by a solicitor.

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