The Ultimate Guide To Tenancy Agreements In The UK

Whilst you are not legally required to have a tenancy agreement in place when renting a property, it is recommended. Having the terms and conditions laid out clearly for each party can save you a lot of hassle if disputes arise further down the line!

Perhaps a common misconception however is that there is just one type of tenancy agreement in the UK, and it is this type of thinking that leads some to get caught out when it comes to knowing their rights. Here we'll take a look at the most common types of tenancy agreements used in the UK along with key information you need to know to ensure you know where you stand, whether you are a landlord or tenant.

What is a Tenancy Agreement?

Put simply, a tenancy agreement is a legal contract between the tenant and landlord. It can be either written or verbal, and essentially sets out the terms and rights for both parties. A tenancy agreement will contain vital information such as the period of let, amount of rent payable and any specific conditions or arrangements that have been agreed.

Tenancy agreements are put in place to protect the rights of both landlords and tenants. It outlines each individual's legal rights and responsibilities and it is expected that both parties uphold these. Whilst a tenancy agreement can offer both landlords and tenants more than just their statutory rights, crucially it cannot offer anything less than this — to do so would essentially make it void.

What is included in a Tenancy Agreement?

Each tenancy agreement can differ depending on your letting agent or landlord, so be sure to read your terms and conditions carefully to ensure you understand what you are legally agreeing to. There are some key points that a good tenancy agreement will have though, and these consist of:

Having these outlined clearly within your tenancy agreement ensures there is a mutual understanding of what is expected from each party, minimizing the chances of disputes arising later on.

Are there different types of Tenancy Agreement?

Yes, and it’s important to be aware of how each type of tenancy agreement differs. The rules differ depending on where you are in the UK. In England, the most common type has historically been the Assured Shorthold Tenancy (AST), though this is being replaced with Assured Periodic Tenancies from 1 May 2026 under the Renters' Rights Act 2025. In Wales, ASTs were replaced by 'occupation contracts' in December 2022 under the Renting Homes (Wales) Act 2022. This article focuses on the position in England.

We’ve listed some of the most common types of tenancy agreement below:

Let’s take a look at each of these in more detail...

Assured Shorthold Tenancy (AST)

The Renters' Rights Act 2025 received Royal Assent on 27 October 2025, and from 1 May 2026, it abolishes Assured Shorthold Tenancies and replaces the legal framework with open-ended assured periodic tenancies.

All new tenancies in 2026 (and existing ones moving through the transition period) are now periodic from day one. This means there is no 'end date' like the old 6 or 12-month terms; instead, the agreement rolls on a monthly basis indefinitely. Tenants now have the right to end a tenancy at any time by giving two months' notice, providing them with significantly more flexibility and security than the previous fixed-term system.

The defining feature of a modern 2026 tenancy is the total abolition of Section 21 'no-fault' evictions. Landlords can no longer regain possession of their property simply because a term has ended or by providing notice without a reason. To evict a tenant, a landlord must now provide a valid, evidence-based legal ground under an expanded Section 8 process. Common grounds include significant rent arrears, antisocial behaviour, or the landlord's genuine intent to sell the property or move back in. This change effectively grants all tenants a high level of security previously only seen in 'Assured Tenancies.'

Assured Tenancy

An Assured Tenancy ultimately offers more security and stability for the tenant(s), owing to the fact a landlord cannot evict them without a legal reason. Essentially, they grant the tenant right to live in the property indefinitely so long as the terms of the agreement are met. For this reason, Assured Tenancies are most commonly issued by housing associations and trusts.

If any of the below applies to you, it is likely you are an assured tenant:

As with AST’s, there are certain circumstances in which an Assured Tenancy would not be eligible. These include:

As we mentioned previously, the key difference between an AST and an Assured Tenancy is that in an Assured Tenancy the landlord cannot evict their tenant without legal reason.

In fact, if the landlord wishes to gain repossession of their property, they may do so only on the specific grounds set out in Section 2 of the Housing Act 1988. To do this, they must serve a Section 8 notice to the tenant which clearly outlines the grounds on which they wish to evict them, followed by an application to the court filing for repossession.

It sounds like a lengthy process, and it can be! But it is for this reason that Assured Tenancies offer a higher degree of stability for tenants. This doesn’t just apply to eviction proceedings, either. If a landlord wishes to increase your monthly rental payments they must seek your approval to do so. If they were to increase your rent without prior agreement from you, you could potentially challenge them and take your case to the First-tier Tribunal (Property Chamber) for review.

Excluded Tenancy (Lodgers)

This particular type of tenancy agreement is designed for situations involving Lodgers. That is, where you are living in the same property as the individual you have the agreement with. Typically, you will share use of communal areas, such as the kitchen, living room and bathrooms.

Here are some examples where you will likely be classed as an Excluded Tenant or Lodger:

Unlike AST’s and Assured Tenancies, tenants under this contract are not protected in the same way, for example in cases of repossession of the property (i.e. eviction). In the case of Excluded Tenancies, a landlord can peacefully evict the tenant with reasonable notice but is not required to gain a court order.

Also, landlords are not required to protect a tenant's deposit in a government scheme (although the same rules exist where the deposit is returned at the end of the tenancy, minus any reasonable deductions!).

Non-Assured Tenancy

Non-Assured Tenancies can only be used under very specific circumstances, and tend to be in place when a standard assured tenancy is not possible—for example, where the rent is very low or the tenant's main home is elsewhere. The main circumstances where this applies are:

Similarly to Excluded Tenancies, landlords with a Non-Assured Tenancy in place do not have to protect the tenants deposit in a government protected scheme, and also do not need a court order to evict them. Instead, the tenant maintains their right to stay in the property until the end of the tenancy so long as they have adhered to all conditions set out within the agreement.

Verbal Agreements

Despite the popular belief that a tenancy agreement is only valid if it is written form, verbal agreements can and do happen! Any oral agreement between a landlord and tenant in which both parties accept certain terms (e.g. amount of rent payable, and how often) is still a legally binding contract, with both landlord and tenant maintaining certain core rights.

The issue with verbal tenancy agreements arises when disputes occur. Due to the fact the terms and conditions of the contract are not written down, it is very difficult to enforce these and even more difficult if any dispute results in court proceedings. It essentially becomes a ‘he said, she said’ scenario if both parties fail to provide concrete evidence regarding the specific terms agreed upon!

Generally speaking, it is in both the landlord and tenants best interests to have a written tenancy agreement in place to ensure there is clear understanding and evidence of what has been agreed.

Do I need a Tenancy Agreement?

Whilst it is not a legal requirement for a landlord to issue a tenancy agreement, it is recommended as it provides an extra layer of clarity and protection for both parties. Not having a tenancy agreement in place can cause unexpected issues further down the line for both landlord and tenant.

For 2026 landlords, a written tenancy agreement is more vital than ever, though its role has changed. Since the 'accelerated' Section 21 route no longer exists, you must now rely on proving specific grounds for possession in court. A robust tenancy agreement is your primary evidence; it clearly defines the tenant’s obligations regarding rent, property maintenance, and conduct. Without a clear agreement in place, it becomes significantly harder to prove a 'breach of contract' or use the new mandatory grounds for possession introduced by the Renters’ Rights Act.

This is because this process and that of evicting a tenant under Section 8 is dependent on you having a proper tenancy agreement in place! Instead, a landlord would have to attend a court hearing and explain firstly the reasons for requesting eviction and secondly, why no such contract is in place to begin with. This is ultimately a timely and potentially very costly process — which could all be avoided by having the proper paperwork in place!

Similarly, a landlord cannot make deductions from a tenant's deposit if no formal tenancy agreement exists, for example, to cover costs of repair or redecorating. If they do try, the tenant can challenge this and will likely succeed when it reaches the adjudication stage. Again, these sorts of costly issues can easily be avoided!

It is important to note though, if you find yourself in a position where you do not have a tenancy agreement in place, that both landlord and tenants retain a number of rights.

For example, landlords must still adhere to:

Similarly, tenants have a number of obligations including:

So, regardless of whether a tenancy agreement is in place landlords and tenants still retain their rights and obligations that would exist if there was a formal contract. However, this situation is far from ideal, and having an agreement ultimately offers security and peace of mind for both parties.

Ensuring a tenancy agreement is in place is also beneficial in other ways, too. For example, if a landlord wishes to take out landlord insurance for their rental property then not having this in place might lead to increased prices or worse, they may find they are unable to take out the insurance at all!

You can check out how to become a landlord here, as well as landlord responsibilities to ensure you have all the necessary protections in place should the unexpected happen. Although the idea of writing up a tenancy agreement sounds daunting, especially to a first-time landlord, there are plenty of resources and templates online to make the process as easy and seamless as possible.