Residential tenancies

This entry covers the law in England. Scotland operates a separate Private Residential Tenancy regime and Wales has its own Renting Homes framework; both differ materially from the position described here.

A residential tenancy is a legal arrangement under which a landlord lets a residential property to a tenant as their home, in return for rent, under a tenancy agreement. The type of tenancy determines almost everything that follows in the landlord-tenant relationship, including what notice you must give, how you can regain possession, how rent can be increased, and what compliance obligations apply. For who qualifies as a residential tenant under English housing law, the three-limb test and the key exclusions, see the companion entry.

The types of residential tenancy in England

Assured periodic tenancy (APT)

From 1 May 2026, the assured periodic tenancy is the default and only type of private residential tenancy available in England, as introduced by Section 4A of the Housing Act 1988, inserted by the Renters' Rights Act 2025. All existing assured shorthold tenancies converted automatically to APTs on that date. All new private residential lets are APTs from the outset. An APT has no fixed term, it rolls from one rent period to the next with no end date, and can only be ended by the tenant giving two months' notice, or by the landlord obtaining a court order on one of the statutory grounds for possession under the Section 8 notice procedure.

The gov.uk guidance for landlords confirms that as of 1 May 2026, landlords can no longer agree a fixed rental term or create a tenancy with an end date in the private rented sector.

Assured shorthold tenancy (AST) - historic from 1 May 2026

The assured shorthold tenancy (AST) was the dominant residential tenancy type in England from the late 1980s until 1 May 2026, when it was abolished by the Renters' Rights Act 2025. A small number of ASTs remain technically in place where a Section 21 or Section 8 notice was validly served before 1 May 2026 and court proceedings are still active; these convert to APTs once proceedings are concluded. For all practical purposes, ASTs no longer exist for new lets.

Full assured tenancy - specialist and social sector

A full assured tenancy under the pre-2026 framework offered tenants stronger security of tenure than an AST. It was used mainly by housing associations and social landlords, and was uncommon in the private sector. Under the Renters' Rights Act 2025, the distinction between full assured tenancies and ASTs has effectively collapsed, both are now periodic assured tenancies. Social landlords (housing associations and local councils) operate under separate rules and may grant assured tenancies with different terms.

Regulated tenancy - Rent Act 1977

Regulated tenancies were created before 15 January 1989 under the Rent Act 1977. They carry very strong security of tenure and controlled "fair rents" assessed by the Valuation Office Agency. They are now rare, but some still exist where older tenancies have continued unbroken. If you own a property subject to a regulated tenancy, for example through purchasing a tenanted property, the rules are substantially different from the assured tenancy framework and specialist legal advice is advisable.

Secure tenancy - local authority lets

Secure tenancies are used by local authorities. They carry strong security of tenure. If you are a private landlord, your tenants will not have secure tenancies.

What the Renters' Rights Act 2025 changed

The most significant structural change to residential tenancies since the Housing Act 1988 came into force on 1 May 2026 with the Renters' Rights Act 2025. The key shifts for private landlords are:

Fixed-term tenancies have been abolished. All private residential lets are periodic tenancies from the outset. There is no minimum or maximum term, and no mechanism to agree a fixed end date.

Section 21 no-fault possession has been abolished for all tenancies. A landlord can only recover possession by serving a Section 8 notice citing a specific statutory ground, such as serious rent arrears, anti-social behaviour, the landlord's wish to sell, or the landlord or a close family member wishing to move in, and then applying to court if the tenant does not leave voluntarily.

Rent increases are channelled through Section 13, limited to once every 52 weeks, with a minimum notice period. Tenants can refer a proposed increase to the First-tier Tribunal if they consider it above market rate. Any clause in a tenancy agreement purporting to increase rent in another way is void.

Written statement of terms is required. From 1 May 2026, landlords must give tenants a written statement of the main tenancy terms before the tenancy begins. For new and existing tenancies without a written agreement, this obligation applied from 1 May 2026. For a guide to what a compliant tenancy agreement must include, see our tenancy agreement template guide.

A ban on rental bidding, limits on rent in advance (no more than one month), and other tenant financial protections also apply.

Baseline obligations that apply to all residential tenancies

Whatever the tenancy type, a landlord's compliance obligations run independently of the tenancy framework and do not depend on the type of agreement in place:

Repairs and safety standards under the Landlord and Tenant Act 1985, Section 11 requires keeping the structure, exterior, and key installations in repair. Safety certificates (gas, electrical, EPC) must be current. The HHSRS framework allows local housing authorities to inspect and take enforcement action for hazards.

Evidence-based record-keeping is more important than ever under the APT regime, because possession claims under Section 8 require the landlord to demonstrate the ground relied upon in court. Clear rent records, documented communications, and a tidy maintenance history are practical requirements for any contested case.

The Private Rented Sector Ombudsman and PRS Database are now operational, giving tenants new routes to raise complaints and check their landlord's registration status.

Frequently asked questions

Are there still fixed-term tenancies in England? 

No, not in the private sector. From 1 May 2026, it is no longer possible to grant a fixed-term assured tenancy to a private residential tenant. All lets must be periodic from the outset. Any attempt to agree a fixed end date in a private tenancy agreement is void. A small number of existing ASTs with active Section 21 or Section 8 proceedings remain in their historic form until those proceedings conclude, then automatically convert to APTs.

What is the difference between an AST and an assured periodic tenancy? 

An AST was a fixed-term tenancy (typically six or twelve months) that converted to a statutory periodic tenancy when the fixed term expired, and which could be ended by the landlord without reason via a Section 21 notice. An assured periodic tenancy (APT) has no fixed term from the outset and cannot be ended by the landlord without a Section 8 ground. The APT replaced the AST as the default private tenancy type in England on 1 May 2026.

Does the Renters' Rights Act 2025 apply to Scotland and Wales? 

No. The Renters' Rights Act 2025 applies to England only. Scotland has operated its own Private Residential Tenancy (PRT) regime since December 2017 under the Private Housing (Tenancies) (Scotland) Act 2016. Wales operates the Renting Homes (Wales) Act 2016 framework, with occupation contracts instead of tenancy agreements.