Tenancy Agreements
Why use Tenancy Agreements & Notices?
Whatever the type of property you let it's always advisable to have the right tenancy agreement in place. This will protect both tenant and landlord and, in many cases, it's a legal requirement to have a contract. Here are a few of the most commonly used contracts to suit most of the situations you'll encounter as a landlord.
The Different Types of Tenancy Agreements:
Assured Periodic Tenancy Agreement:
Under England’s Renters' Rights Act, Assured Shorthold Tenancies (ASTs) no longer exist.
All new private rented tenancies in England created on or after 1 May 2026 must be Assured Periodic Tenancies (APTs) - open-ended, rolling agreements without a fixed end date.
- Fixed-term ASTs cannot be used
- Existing Assured Shorthold Tenancies (including those in a fixed term) automatically convert to periodic APTs on the commencement date
- Tenants can now end the tenancy at any time by giving two months' notice
Key points for landlords:
- For new tenancies from the 1st May 2026 you'll be required to give tenants certain written information about the key terms of the tenancy, for more information check out the government website
- Failing to provide the written requirements can lead to civil penalties of up to £7,000
- Assured Period Tenancy - England
For comprehensive guidance on the Renters' Rights Act visit gov.uk's ‘Implementing the Renters' Rights Act 2025’ guide.
Scotland’s private residential tenancy
Scotland uses a different tenancy system from England and Wales.
In 2017, the Scottish government introduced a new type of tenancy – the private residential tenancy. This tenancy replaced the old AST tenancy agreements, and has been used on all new tenancies created on or after 1 December 2017.
The private residential tenancy aims to give tenants more security and stability, while also providing safeguards for landlords, lenders and investors.
Other features of private residential tenancies:
- They’re open-ended, so a landlord can’t ask a tenant to leave just because the fixed term has ended
- These tenancies provide more predictable rents and protect tenants from excessive large rent increases
- There’s the option to introduce local rent caps for rent pressure areas
- They provide comprehensive and robust grounds for repossession that allow landlords to regain possession in 18 detailed circumstances
The PRT continues to apply across Scotland and is not affected by the Renters' Rights Act, which applies to England only.
Read more about the private residential tenancy on gov.scot.
Lodger Agreements
Taking in a lodger has fewer legal requirements than letting a whole property. However, we'd always recommend you put something in writing as it'll protect both you and your lodger and give you a basis for reference should any disagreement arise.
A Lodger Agreement is used when a landlord wants to rent a room in a furnished property where the landlord lives and shares common parts of the property (e.g. bathroom, toilet, kitchen and sitting room) with the tenant or tenants. If you want to rent a room in your flat or house, then this Lodgers Agreement can only be used in situations where the property is your principal home.
Inventories
Under the Tenancy Deposit Scheme, owners wanting to claim money from their tenants' deposits now have to prove that damage has been caused. This means every tenancy agreement should now be accompanied by a property inventory. So, if you're a landlord and you don't keep an accurate rental inventory for your property, you'll find it difficult to justify legitimate deductions to a tenant's deposit at the end of the tenancy period.
You can also find comprehensive information about letting your property out in the private rented sector in gov.uk’s “How to let” guide.