On 1 May 2026, the assured shorthold tenancy ceases to exist. Every private tenancy in England — new and existing — becomes an assured periodic tenancy. Fixed terms disappear. Break clauses become unenforceable. And for every new tenancy signed from that date, landlords are legally required to provide a Written Statement of Terms in a prescribed format before the agreement is entered into.

Get this wrong and the penalty is a civil fine of up to £7,000, issued by your local authority. Get it right and your tenancy is legally watertight from day one — which matters far more now that Section 8 is your only possession route. This post is part of our complete Renters' Rights Act series.

In This Guide

  1. What Is an Assured Periodic Tenancy?
  2. Who Has an Assured Periodic Tenancy?
  3. The Written Statement of Terms: What Must Be Included
  4. Existing Tenancies: What You Must Do
  5. Clauses That Become Void on 1 May 2026
  6. What to Do Now: A Practical Checklist
  7. What Happens If You Don't Comply
  8. Frequently Asked Questions

What Is an Assured Periodic Tenancy?

An assured periodic tenancy is the new default tenancy type for private renting in England. It replaces the assured shorthold tenancy under a new Section 4A of the Housing Act 1988, introduced by Section 1 of the Renters' Rights Act 2025.

No fixed term

The tenancy is periodic from the outset, rolling month to month. You cannot offer, agree, or 'purport to let' for a fixed term. Attempting to do so carries a civil penalty of up to £7,000.

Tenant notice — 2 months

The tenant can serve notice to quit at any time, giving at least two months' notice to expire at the end of a tenancy period. There is no minimum occupancy period for the tenant.

Landlord — Section 8 only

You can only regain possession by serving a Section 8 notice citing a valid statutory ground. Break clauses are unenforceable from 1 May 2026.

Rent increases — Section 13 only

Once per year maximum, with at least two months' notice, using the prescribed Section 13 form. Rent review clauses in tenancy agreements are overridden by this statutory mechanism.

Maximum 1 month's rent in advance

After the tenancy begins, you cannot require the tenant to pay more than one month's rent at a time. You also cannot accept any rent payment before the tenancy agreement is signed.

Who Has an Assured Periodic Tenancy?

A tenancy qualifies as an assured periodic tenancy under the new Section 4A if all of the following apply:

Qualifying conditions
  • The tenant is one or more individuals (not a company).
  • The tenant occupies the property as their only or principal home.
  • The tenant has exclusive possession.
  • The landlord does not live in the property — this is not a lodger arrangement.
  • The annual rent is between £1,000 (London) or £250 (outside London) and £100,000.
  • It is not purpose-built student accommodation exempted under Section 32 of the Renters' Rights Act.

In practice, this covers virtually every standard private tenancy in England.

The Written Statement of Terms: What Must Be Included

Section 12 of the Renters' Rights Act introduces a new Section 16D of the Housing Act 1988, requiring landlords to provide tenants with prescribed written information before a new assured periodic tenancy is entered into. The government published the draft regulations on 19 January 2026. The final version is expected in March 2026 and is unlikely to change significantly.

The Written Statement can be incorporated within the tenancy agreement itself — which is what most landlords and agents will do — or provided as a separate document. Either way, the tenant must receive it before signing the agreement. This is a pre-contractual obligation.

Section 1

The Parties

  • Landlord's full name(s). If there are joint landlords, every individual must be named.
  • Tenant's full name(s). All named tenants must be listed.
  • Landlord's address for service. An address in England or Wales where the tenant can serve notices. This can be the landlord's personal address or the letting agent's address.
Section 2

The Property

  • Address of the property. The full postal address of the rental property.
  • Date the tenant is first entitled to possession. The date the tenancy begins and the tenant has the right to occupy.
Section 3

Financial Terms

  • Rent amount and due dates. The exact amount of rent payable and when it is due.
  • Rent increase mechanism. A statement explaining that future rent increases will be notified in accordance with Section 13 of the Housing Act 1988 as amended. Any existing rent review clause is overridden by this statutory mechanism.
  • Bills and utilities. Specification of which bills are included in the rent and which are payable separately — including council tax, television licence, communication services, electricity, gas or other fuel, water and sewerage.
Section 4

Deposit and Termination

  • Deposit amount and protection. The amount of any tenancy deposit, details of the government-approved scheme where it is held, and the prescribed information required under the Housing Act 2004.
  • Notice and termination provisions. How the tenancy can be ended by the tenant (two months' notice to quit) and by the landlord (Section 8 only), including the grounds available under the amended Schedule 2 of the Housing Act 1988.
Section 5

Landlord's Statutory Duties

  • Information about the landlord's statutory duties regarding gas safety, electrical safety, energy performance, and the provision of smoke and carbon monoxide alarms.
  • The landlord's repairing obligations under Section 11 of the Landlord and Tenant Act 1985.
Section 6

Pet Consent Rights and Disability Adaptations

  • Information about the tenant's right to request permission to keep a pet, the landlord's obligation to respond within 28 days, and the requirement to reasonably consider the request.
  • Information about the tenant's right to request reasonable disability adaptations to the property.

Existing Tenancies: What You Must Do

This is where the confusion is greatest. Your obligations depend on what type of tenancy you currently have in place.

✓ Written AST in place before 1 May 2026

You do not need a new agreement

The AST automatically converts to an assured periodic tenancy on 1 May and is treated as one continuous tenancy. Fixed-term clauses, rent review clauses, and break clauses simply become unenforceable by operation of law — you do not need to amend the agreement. What you must do is provide the official government Information Sheet to the tenant by 31 May 2026. Failure to do so carries a civil penalty of up to £7,000. You also do not need to re-register the deposit or re-serve compliance documents.

⚠ Oral (unwritten) tenancy before 1 May 2026

More significant obligations apply

You must provide both the full Written Statement of Terms and the government Information Sheet by 31 May 2026. If you have any oral tenancies, prioritise getting them in writing before 1 May — you are effectively creating a written record of a tenancy that has never been properly documented.

→ New tenancy from 1 May 2026 onwards

Full Written Statement required before signing

You must provide the full Written Statement of Terms before the tenancy agreement is signed or the terms are otherwise agreed. Not after. Not at the same time. Before. The tenant must have time to read and understand the terms.

Critical trap — do not re-paper existing tenancies

If you have an existing AST that converts on 1 May and you then sign a brand new assured periodic tenancy agreement with the same tenant to replace it, the tenancy loses its status as an 'existing tenancy' under the transition rules. You lose the continuity of deposit protection and the 12-month restriction on Grounds 1 and 1A runs from the new start date, not the original. Do not re-paper existing tenancies unless you have a specific legal reason to do so.

Clauses That Become Void on 1 May 2026

The Renters' Rights Act automatically overrides specific clauses in existing tenancy agreements. From 1 May, the following are null, void, and unenforceable regardless of what your agreement says.

Clause Type What This Means Status
Fixed-term clauses Any clause specifying a fixed period ('for a term of 12 months') has no effect. The tenancy is periodic. Void
Break clauses Landlord break clauses are unenforceable. Tenant notice provisions are superseded by the statutory two-month notice right. Void
Rent review clauses Any contractual mechanism for increasing rent is overridden by the Section 13 statutory process. Even an annual RPI uplift clause cannot be used after 1 May. Increases agreed before 1 May but taking effect after are not permitted. Void
Rent-in-advance clauses Any clause requiring the tenant to pay more than one month's rent at a time after the tenancy begins is unenforceable. Void
Blanket no-pet clauses A blanket prohibition on pets is overridden by the tenant's right to request permission. You can refuse on reasonable grounds but cannot impose an absolute contractual ban. Void
Discriminatory clauses Any clause that directly or indirectly discriminates based on benefit receipt or family status is unlawful. Unlawful

What to Do Now: A Practical Checklist

  • 1
    Audit your existing tenancy agreements Identify which tenancies are written and which are oral. Oral tenancies require the full Written Statement by 31 May. Written tenancies require only the Information Sheet.
  • 2
    Prepare your new tenancy agreement template If you will be signing any new tenancies from 1 May, you need a compliant assured periodic tenancy agreement incorporating the Written Statement of Terms. Do not use your old AST template with dates changed — it will contain fixed-term provisions, rent review clauses, and break clauses that are now unlawful.
  • 3
    Wait for the final regulations in March The draft was published 19 January 2026. The final version will be confirmed in March and is unlikely to change materially. Do not finalise your template until the final regulations are published — we will update this guide as soon as they are available.
  • 4
    Download the Information Sheet when published The government will publish this on GOV.UK in March 2026. You must serve it on all existing tenants with written agreements by 31 May. Have a system for tracking which tenants have received it and retaining proof of service.
  • 5
    Do not re-paper existing tenancies unnecessarily As explained above, replacing an existing AST with a new APT causes the tenancy to lose its 'existing tenancy' status. Only issue new agreements where there is a genuine legal need.
  • 6
    Update your onboarding process From 1 May, the Written Statement must be provided before the agreement is signed. Build this into your tenant check-in process so it happens automatically and is evidenced every time.

What Happens If You Don't Comply

The penalties are financial, not criminal, but they are meaningful — and local authorities have been given enhanced investigatory and enforcement powers to act on them.

Up to £7,000
Failure to provide the Written Statement of Terms for new tenancies from 1 May 2026
Up to £7,000
Failure to provide the government Information Sheet to existing tenants by 31 May 2026
Up to £7,000
Purporting to let on a fixed term under the new Section 16I of the Housing Act 1988
Civil penalty
Accepting rent before the tenancy agreement is signed, under the Tenant Fees Act provisions as amended
Do not assume this won't be enforced

The government has signalled that enforcement will be a priority. Local authorities have been given the resources and powers to act. Compliance with tenancy documentation requirements is not an administrative nicety — it is also the legal foundation for any Section 8 possession claim you may need to bring. A non-compliant tenancy agreement undermines your possession case from the outset.

How Neon Handles This For You

We have been tracking every draft regulation and government publication since the Renters' Rights Bill was introduced. Our tenancy documentation is updated in real time as the regulations are finalised.

  • Compliant APT agreements ready for 1 May. Our assured periodic tenancy template incorporates the full Written Statement of Terms. Every new tenancy we set up from 1 May will be fully compliant from day one.
  • Information Sheet distribution managed. We will serve the government Information Sheet to all existing tenants in our managed portfolio by the 31 May deadline, with proof of service retained digitally.
  • Template updates as regulations change. As secondary legislation is published, we update our documentation immediately. You do not need to monitor government publications yourself.
  • Portfolio audit. Our compliance audit reviews your current tenancy agreements and advises on what needs to change before the deadline.
Compliance Audit — £88 → Compliance Led Management

Frequently Asked Questions

Can I still use my existing AST template?
No. From 1 May 2026, ASTs are abolished. Any new tenancy agreement must be an assured periodic tenancy that does not include fixed-term provisions or rent review clauses. Using an old AST template could result in a £7,000 penalty and create an unenforceable agreement. You need a new template.
Do I need to get my existing tenants to sign a new agreement?
No. Existing written ASTs convert automatically. You only need to serve the government Information Sheet by 31 May 2026. Do not issue a new agreement unless you have a specific legal reason — it may disadvantage you.
What if I sign an AST before 1 May with a fixed term running into 2027?
It converts to a periodic tenancy on 1 May 2026 regardless. The fixed term ends on that date. The tenant can serve two months' notice from 1 May. There is no way to maintain a fixed term past the commencement date.
What if the tenant moves in on 1 May or after, but we signed the agreement in April?
If the agreement was signed before 1 May, it is treated as an existing tenancy, even if the tenant has not yet moved in. You do not need to provide the full Written Statement — only the Information Sheet by 31 May. The tenancy still becomes periodic on 1 May.
Can I include additional clauses beyond the Written Statement requirements?
Yes. The Written Statement sets out the minimum prescribed information. You can include additional clauses covering property-specific rules, maintenance obligations, quiet enjoyment provisions, and anything else that does not conflict with the Act. A well-drafted tenancy agreement with specific, enforceable clauses is your foundation for any future Section 8 proceedings. Vague agreements produce vague evidence.
Is the How to Rent guide still required?
The government has confirmed that the How to Rent guide will no longer be updated or required under the new regime. It is being replaced by the Information Sheet for existing tenancies and the Written Statement for new tenancies.

Get Your Tenancy Agreements Right Before May

A compliant tenancy agreement is no longer a nice-to-have. It is the legal foundation for every tenant relationship you have and every possession case you may need to bring. From 1 May, if your documentation is wrong, you are exposed — to fines, to unenforceable agreements, and to failed possession claims.

Compliance Audit — £88 → Compliance Led Management Read the Full Renters' Rights Act Guide