Tenancy agreement

A tenancy agreement is the contract between a landlord and a tenant that establishes the legal basis of the letting, granting the tenant the right to occupy the property as their home in exchange for rent, and setting out what each party must and must not do during the tenancy. It is the document through which the landlord transfers exclusive possession to the tenant, creating the legal relationship from which all other rights and obligations flow.

A tenancy agreement can technically be verbal, but from 1 May 2026, all landlords in the private rented sector in England are required under the Renters' Rights Act 2025 to provide a written statement of the tenancy terms to every tenant. Written agreements are strongly recommended in all cases because they provide the clearest evidence of what was agreed if a dispute arises.

What a tenancy agreement establishes

Beyond recording the basic terms of the letting, a tenancy agreement creates several legal positions that exist independently of what the agreement says. The tenant acquires the right to quiet enjoyment, the right to occupy the property without unlawful interference from the landlord. The landlord acquires the right to receive rent and re-enter the property through the correct legal process if required. Both parties are bound by their statutory obligations, the landlord's repairing duties under Section 11 of the Landlord and Tenant Act 1985, the tenant's obligation to use the property in a tenant-like manner, regardless of whether these are mentioned in the agreement.

A tenancy agreement cannot lawfully override any of these statutory rights. Any clause that attempts to remove the tenant's right to quiet enjoyment, to waive the landlord's repairing obligations, to impose a prohibited payment under the Tenant Fees Act 2019, or to restrict the tenant's access to the courts is void. The landlord cannot contract out of statutory obligations, and a tenant who is presented with such a clause is not bound by it.

The post-Renters' Rights Act position

From 1 May 2026, the Renters' Rights Act 2025 fundamentally changed the structure of private tenancy agreements in England. Fixed-term assured shorthold tenancies are abolished, no new tenancy can be granted for a fixed period. All private tenancies in England are now assured periodic tenancies with no set end date. This means that tenancy agreements cannot include a fixed termination date, a break clause, or any provision that purports to make the tenancy end automatically at a specified point.

The tenant can end the tenancy at any time by giving two months' written notice. The landlord can only end the tenancy by citing one or more statutory grounds for possession in a Section 8 notice and, if the tenant does not vacate, obtaining a court possession order. A tenancy agreement clause purporting to give the landlord any other route to possession is void.

Rent can only be increased once every 12 months, using a Section 13 notice on Form 4A with at least two months' written notice. A clause in the tenancy agreement that purports to increase rent by a different mechanism, for example, by reference to an index or by landlord discretion, does not override the statutory Section 13 process.

All new tenancy agreements in the private rented sector must be provided in writing and must include the minimum content specified in the Renters' Rights Act 2025. For a full explanation of what the written agreement must contain and where to obtain a compliant template, see the August definition of the tenancy agreement form.

What the agreement should cover

While the statutory minimum content is set by the Renters' Rights Act, a well-drafted tenancy agreement will also address: permitted use of the property; whether smoking, pets, and subletting are allowed; who is responsible for garden maintenance and external areas; what happens to furniture and appliances; access for inspections and repairs; and any specific terms relevant to the property or the letting. Terms in this category are contractual rather than statutory, they are enforceable as long as they do not conflict with the tenant's statutory rights and do not include prohibited payments or discriminatory conditions.

The tenancy agreement should be signed by all named parties, landlord and each individual tenant, before the tenancy begins. A copy must be given to every tenant named on the agreement.

August's document management feature stores every tenancy agreement and associated document, from prescribed information to How to Rent guides, linking each one to the correct property and tenancy record.

Landlords setting up or reviewing tenancy agreements from May 2026 should read the August tenancy agreement guide, which covers what must be in writing, what terms are now void, and what to provide to existing tenants.

Frequently asked questions

What is a tenancy agreement?

A tenancy agreement is the contract between a landlord and tenant that grants the tenant the right to occupy the property as their home in exchange for rent and sets out what each party must and must not do during the tenancy. It creates a legal relationship from which all other rights and obligations flow. From 1 May 2026, all private tenancy agreements in England must be in writing and must be assured periodic tenancies, fixed terms are abolished.

Does a tenancy agreement have to be in writing?

From 1 May 2026, yes, landlords in the private rented sector in England must provide a written statement of the tenancy terms under the Renters' Rights Act 2025. Even before this requirement, written agreements were strongly recommended because they provide the clearest evidence of what was agreed if a dispute arises.

Can a tenancy agreement include a fixed end date?

No, not for new tenancies in England from 1 May 2026. The Renters' Rights Act 2025 abolished fixed-term assured shorthold tenancies. All new private tenancies are assured periodic tenancies with no fixed end date. Any clause in the agreement purporting to set a fixed end date or create a break clause is void.

What terms in a tenancy agreement are void?

Any clause that conflicts with a tenant's statutory rights is void, regardless of whether the tenant signed it. Void terms include those purporting to:

exclude the landlord's repairing obligations under Section 11 of the Landlord and Tenant Act 1985;
restrict the tenant's access to the courts;
impose a prohibited payment under the Tenant Fees Act 2019;
discriminate against tenants with children or those receiving benefits;
allow the landlord to end the tenancy without a court order; or
increase rent other than through the Section 13 process.