The Assured Shorthold Tenancy (AST) remains the standard legal framework for private residential rentals in England. While significant legislative reforms (such as the Renters' Rights Bill) have been proposed to abolish fixed-term tenancies and "no-fault" evictions, these changes have not yet been fully enacted as of current law.

The Assured Shorthold Tenancy (AST)

Most private tenants in England have an AST. Key characteristics include:

• Fixed-Term: Agreements usually start with a fixed term (often 6 or 12 months). During this period, the landlord generally cannot evict the tenant unless there is a specific breach of contract (Section 8).
• Periodic Tenancy: After the fixed term ends, the tenancy automatically becomes a "statutory periodic tenancy" (rolling month-to-month) unless a new fixed term is signed.
• Section 21 Rights: Landlords currently retain the right to use the Section 21 "no-fault" eviction process to regain possession after the fixed term has expired, provided correct procedures were followed.

Essential Tenancy Agreement Elements

To be legally robust, an English tenancy agreement must include:

1. Identification of Parties: Full names of the landlord(s) and all adult tenants.
2. Property Description: Clear address and details of the premises.
3. Financial Terms: Rent amount, payment frequency, and the specific due date.
4. Deposit Details: The exact security deposit amount and the name of the government-approved Tenancy Deposit Protection (TDP) scheme used.
5. Start and Duration: The start date and the length of the initial fixed term.
6. Maintenance Duties: Clarity on who is responsible for specific repairs and utility payments.

Banned Fees (Tenant Fees Act 2019)

The Tenant Fees Act 2019 strictly limits what landlords and agents can charge. Permitted payments include:

[!WARNING] Charging a "prohibited payment" is a civil offence punishable by a fine of up to £5,000. Repeat offenders can face criminal prosecution and unlimited fines.

Future Outlook: Renters' Rights Reforms

The UK government is progressing the Renters' Rights Bill, which aims to:

• Abolish Section 21 "no-fault" evictions.
• Move all tenancies to a periodic (rolling) system with no fixed terms.
• Introduce new rights for tenants to request pets.
• End "rental bidding" and discrimination against families or those on benefits.

Landlords should stay informed as these proposals move toward implementation.

Deploy Compliant English Tenancy Agreements

Using outdated templates that include banned fees or incorrect notice periods can lead to severe penalties. Landager provides legally verified, up-to-date AST templates tailored for the English market.

Create your AST with LandagerAperçu non disponible