Does a tenancy agreement have to be in writing?

No. Tenancy agreements can be verbal or written. For example, a landlord and tenant can verbally agree the amount of rent to be paid, when it’s due, and what’s included. However, verbal agreements are much harder to prove in the event of a dispute, and it is normally recommended to put in place a written tenancy agreement.

What’s the difference between a tenancy and a lease?

Leases typically refer to commercial lets. Contracts for these tend to be very detailed with specific clauses about the state the property should be left in at the end of the term. Tenancies generally refer to rental agreements for residential properties and involve a landlord and a tenant.

What happens to my existing AST fixed-term contract?

From 1st May 2026, when the Renters’ Rights Act came into force, any existing AST contracts automatically became assured periodic tenancies (APTs). Fixed terms have also been abolished, and tenancies run on a rolling basis, depending on how your rent is paid (for example, fortnightly or monthly).

What happens to my AST under the Renters' Rights Act?

Under the Renters’ Rights Act, ASTs automatically became assured periodic tenancies (APTs). This means fixed terms have been abolished and rent review clauses cannot be used. If a landlord wants to increase rent, they must follow the Section 13 process.

Guide to the tenancy agreements | Alan Boswell Group

A guide to the different types of tenancy agreements in the UK

The Renters’ Rights Act has changed the way private renting works. As a landlord, it means getting to grips with new rules that affect how tenancies operate and can be managed. We focus on what that means in practice for the different types of tenancy agreements in use, and how it might affect your landlord insurance.

What is a tenancy agreement?

Tenancy agreements are legally binding contracts between a landlord and tenant. These agreements outline key responsibilities of both parties (such as maintenance duties). Contracts also set out the rent amount and the due date. If any additional services are included in the rent (e.g., cleaning or gardening), they will also be specified.

Tenancy changes under the Renters’ Rights Act 2025

Significant changes to tenancy agreements came into effect on 1st May 2026. Some of the main changes include:

Abolition of assured shorthold tenancy (AST) agreements

From 1st May, assured shorthold tenancies (ASTs) have been abolished and replaced by assured periodic tenancies (APTs). Any current ASTs automatically became a periodic tenancy.

This change means tenants can remain in their homes until they agree to end their tenancy with their landlord. Alternatively, landlords can ask tenants to leave by serving a valid Section 8 notice.

Abolition of fixed terms

Fixed tenancy terms (for example, six- or 12-month contracts) have also been abolished and automatically converted to periodic (rolling) tenancies with no set end date.

Typically, this means tenancies continue on a month-by-month basis, although some may be shorter, depending on the terms of the rental agreement (for example, weekly or fortnightly).

Tenancies can be ended by the tenant or by mutual agreement. Landlords can also ask tenants to leave under valid Section 8 grounds.

Abolition of Section 21

‘No-fault’ evictions under Section 21 of the Housing Act 1988 have been abolished. To make grounds for possession fair to both landlords and tenants, new rules that came into force from 1st May 2026 include:

Landlords can evict tenants only for legally valid reasons (grounds for possession).
Revised grounds for possession make it easier for landlords to evict tenants if they want to sell their property, move into it, move in family members, or on grounds of antisocial behaviour.

Removal of rent review clauses

New tenancy agreements cannot include rent review clauses, and any existing clauses no longer apply.

If a landlord wants to increase rent, they must follow the ‘Section 13’ process, which means landlords must speak to tenants about potential rent rises and fill out a ‘rent increase’ form. Landlords must also notify tenants at least two months before the increase.

Tenants can object if the rent exceeds the market rate. If this happens, landlords can take their case to the First-Tier Tribunal, which can determine what rent increase should apply.

Full information on the changes brought in by the Renters’ Rights Act can be found here.

What are the main types of tenancy in the private rented sector?

Tenancy agreements can prove vital when it comes to preventing disputes between landlords and tenants, so it’s important to ensure you have the most suitable type of agreement in place:

Assured periodic tenancy (APT)

From 1 May 2026, this is the new default tenancy agreement, replacing the AST (assured shorthold tenancy).

One of the main features of an assured periodic tenancy is that there is no end date; they typically run on a rolling month-by-month basis (or shorter, depending on the agreement).

APTs can be ended with two months’ notice (or less if agreed in the contract) if the:

tenant decides to end the tenancy;
tenant and landlord mutually agree to end the tenancy;
landlord gains possession of the property.

Assured periodic tenancies are designed to increase security for tenants as landlords must have valid grounds for eviction under Section 8 legislation, which include:

Rent arrears
Anti-social behaviour from tenants
Property redevelopment
Sale of the property or the landlord wants to move in (or move family members in).

You can find a full list of Section 8 grounds for eviction at GOV.UK.

Assured shorthold tenancy

Between 1997 and 30th April 2026, assured shorthold tenancies were the most common type of tenancy agreement in England. From 1st May 2026, any ASTs automatically became assured periodic tenancies.

Excluded tenancy (for lodgers)

These tenancies apply to lodgers who rent rooms from a live-in landlord who share facilities such as a kitchen or bathroom. Landlords also don’t have to put deposits in an approved scheme.

Lodgers have fewer protections compared to tenants with an APT. For example, landlords only need to give lodgers ‘reasonable notice’ to leave, which could be as little as one week if rent is paid weekly.

Once landlords have given notice, they can change the locks in their property, even if the lodger still has belongings there.

Regulated tenancy

Regulated tenancies are older agreements that started before 15 January 1989. Often, tenants under these terms have increased protection from eviction (for example, landlords must have a valid court order). A spouse or other family member living at the property can also take over a regulated tenancy if the tenant passes away.

Tenants with this type of tenancy are also entitled to ‘fair rent’, which is usually lower than the market rate. These rents are set by a rent officer from the Valuation Office Agency (VOA). Regulated tenancies are sometimes called protected tenancies.

Other types of rental agreements

Some rental agreements don’t follow standard residential rules, for example:

Company lets

A company let is when property is rented to a registered business instead of an individual. These contracts are often used by large firms to accommodate employees (for example, if they have staff working across the country).

Company lets are governed by Common Law, so eviction tends to be easier, and rent is unregulated. This also means that new rules under the Renters’ Rights Act generally do not apply.

Occupier with basic protection

Under these agreements, tenants have basic protection from eviction. This means that while landlords must have a court order to evict tenants, they don’t need to specify a reason why.

Typical tenancies in this category include properties tied to jobs (such as agriculture), student halls of residence, and property guardianships.

FAQs

How your tenancy type affects your landlord insurance

Standard landlord insurance assumes that from 1st May 2026, the rental agreement in place is an assured periodic tenancy.

Since Section 21 (no-fault) evictions no longer exist under the Renters’ Rights Act, any eviction must follow Section 8 rules, meaning landlords must have legal grounds for repossession. While this helps provide security for tenants, it does mean that any lengthy eviction disputes can lead to spiralling costs.

Landlords can mitigate the risk of drawn-out, expensive disputes by ensuring legal expenses and rent guarantee insurance is in place. These policies can help minimise financial losses and protect rental income.

If you have a different type of tenancy in place (such as an excluded tenancy or a company let), you must let your broker or insurance provider know, as your policy needs to accurately reflect risk. Failing to notify your broker or insurer could invalidate your policy, leaving you to bear any costs yourself.

Tailored landlord insurance from Alan Boswell Group

Renting out property has become increasingly tricky, with significant changes to legislation and landlord responsibilities. But property owners can protect themselves and their assets with tailored landlord insurance.

As well as covering the building itself, policies can cover legal disputes, rent arrears, and landlord liability. Landlord insurance from Alan Boswell Group can also be tailored to reflect the type of tenancy, from HMOs and student accommodation to commercial lets and holiday rentals.

To find out more and get advice on the correct cover for your situation, call us on 01603 216399.

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A guide to the different types of tenancy agreements in the UK

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What is a tenancy agreement?

Tenancy changes under the Renters’ Rights Act 2025