How to Write an Assured Tenancy Agreement in England (Post-Renters' Rights Act)

The periodic tenancy and the end of section 21

Under the reformed Housing Act 1988, a new letting in England is an assured periodic tenancy. There is no fixed term: the tenancy simply continues month to month. The tenant can end it by giving at least two months' written notice ending on the last day of a tenancy period.

The landlord can no longer use section 21 to end a tenancy without reason. Possession is only available by serving a section 8 notice and obtaining a court order on one or more of the statutory grounds in Schedule 2 to the Housing Act 1988 — for example serious rent arrears, breach of the tenancy, or the landlord genuinely needing to sell or move in. Build the agreement around this reality; any clause purporting to grant a fixed term or a no-fault break right is void.

The deposit cap and protection

If you take a deposit, the Tenant Fees Act 2019 caps it at five weeks' rent where the annual rent is under £50,000, and six weeks' rent where it is £50,000 or more. Taking more than the cap is a prohibited payment and must be refunded. Convert monthly rent to weekly by multiplying by 12 and dividing by 52 before applying the cap.

Any deposit you take must be protected in a government-approved scheme — the Deposit Protection Service, MyDeposits, or the Tenancy Deposit Scheme — and the prescribed information given to the tenant within 30 days of receipt. Failing to protect the deposit or serve the prescribed information exposes you to a financial penalty and can block possession.

Prescribed documents you must serve

Before the tenant moves in you must provide a defined set of documents. Serve the current "How to Rent" guide, a valid Energy Performance Certificate (EPC), and an Electrical Installation Condition Report (EICR). Where the property has gas appliances, you must also provide a current Gas Safety Certificate.

These are not paperwork formalities. Failing to serve them limits or delays the grounds on which you can later recover possession, and can carry financial penalties. The agreement should record, document by document, whether each has been provided, so any outstanding item is flagged before occupation begins.

1. 1.Choose mutual details first: parties, property, furnished or unfurnished, and number of tenants.
2. 2.Set the rent, the payment day, and whether any bills are included.
3. 3.Decide on a deposit — and check it against the five/six weeks' cap before taking it.
4. 4.Complete Right to Rent checks for every adult occupier.
5. 5.Serve the How to Rent guide, EPC, EICR, and (if gas is present) the Gas Safety Certificate.
6. 6.Protect any deposit and issue the prescribed information within 30 days.
7. 7.Have the landlord, every tenant, and any guarantor sign and date the agreement.

Right to Rent checks

The Immigration Act 2014 requires you to check that every adult who will occupy the property as their only or main home has the right to rent in the UK. The check must be carried out before the tenancy begins.

Renting to someone without completing the check risks a civil penalty and, in serious cases, criminal liability. The agreement should confirm the checks have been done for all adult occupiers, or flag that they remain outstanding and must be completed before anyone takes up occupation.

Pets and the right to request

The Renters' Rights Act 2025 gives tenants a statutory right to request to keep a pet, and the landlord must not unreasonably refuse consent. You can no longer impose a blanket "no pets" ban.

As a condition of consent you may require the tenant to hold pet damage insurance, or to pay your reasonable cost of such insurance, which is a permitted payment. The agreement should either record a pet agreed from the start or preserve the tenant's right to request one later, with the insurance condition attached.

Landlord obligations and the new standards

Section 11 of the Landlord and Tenant Act 1985 still requires you to keep the structure and exterior in repair and the installations for water, gas, electricity, sanitation, and heating in working order. The reforms add more: the property must meet the Decent Homes Standard and be free from serious hazards, and "Awaab's Law" sets binding timescales for investigating and fixing prescribed hazards such as damp and mould.

You should also be prepared to meet the landlord redress scheme and Private Rented Sector Database requirements as they come into force, and to allow the tenant quiet enjoyment throughout the tenancy.