What a Compliant Tenancy Agreement Must Include (England, 2026)
Searching for a free tenancy agreement template in 2026 is more dangerous than it has ever been, because the document the rental market relied on for nearly three decades, the assured shorthold tenancy (AST), no longer legally exists in England. The Renters’ Rights Act 2025 came into force on 1 May 2026, abolished Section 21 “no-fault” evictions, and converted every assured tenancy into a single, open-ended periodic tenancy. A template downloaded from a free site in 2023 or 2024 will almost certainly still call your let a “fixed-term assured shorthold tenancy”, reference a six- or twelve-month term, and quietly promise you a Section 21 route at the end. Sign that today and you are not protected, you are exposed.
This guide explains exactly what a compliant tenancy agreement must look like in England from June 2026, gives you a clause-by-clause walkthrough, includes a worked example, and shows you how to tell a genuinely current free template from a dangerous relic. It does not reproduce a full agreement (every let is different and a template needs your specifics), but it gives you the structure and the red flags so you can use any template, free or paid, safely.
Why a free tenancy agreement template is now a legal minefield
The tenancy agreement is the foundation document of the entire let. It defines the rent, the parties, the property, the deposit, the repairing obligations and the rules both sides live by. If it is wrong, every downstream process, rent increases, possession, deposit deductions, inherits the error.
The problem with most “free tenancy agreement template” results online is that they were written for the pre-2026 legal regime and have not been updated. The market is full of:
- Fixed-term AST templates. These offer a “term of 12 months” and then a Section 21 break. Both concepts are abolished. You cannot grant a fixed-term assured tenancy in England any more, and you cannot rely on Section 21.
- Templates with banned clauses. Rent-review escalator clauses, blanket “no pets” bans, and clauses requiring tenants to pay for pet insurance are all now unlawful. A free template that still contains them can land you with penalties and unenforceable terms.
- Templates missing mandatory information. A compliant agreement sits alongside prescribed information and documents (deposit protection details, the How to Rent guide, gas and electrical safety certificates, the EPC). A bare template that ignores these leaves you non-compliant even if the agreement itself is fine.
The cost of getting it wrong is not theoretical. Get the deposit information wrong and you can face a penalty of one to three times the deposit and be blocked from possession. Use a banned term and it is simply void, but you may have relied on it for months. In short: free is fine, out of date is not.
What changed on 1 May 2026
The Renters’ Rights Act 2025 rewrote the structure of every private tenancy in England. The headline changes your agreement must reflect:
| Area | Before (pre-May 2026) | After (in force 1 May 2026) |
|---|---|---|
| Tenancy type | Fixed-term or periodic AST | Single periodic assured tenancy only |
| Fixed terms | 6 or 12 months common | Abolished, no fixed terms |
| Ending it (landlord) | Section 21 no-fault notice | Section 8 grounds only |
| Ending it (tenant) | End of fixed term or break clause | Any time on 2 months’ notice |
| Rent increases | Rent-review clause or Section 13 | Section 13 only, once a year |
| Pets | Could refuse outright | Right to request; refuse only with good reason |
| Deposit cap | 5 weeks’ rent (under £50k pa) | Unchanged, 5 weeks’ rent |
Because tenancies are now open-ended and periodic, the agreement no longer ends on a date. It continues until the tenant gives notice or the landlord obtains possession on a statutory ground. This single change ripples through the whole document: there is no “term”, no “expiry”, and no automatic renewal. For the underlying concept, see our guide on what is a periodic tenancy, and for the contrast with the old model, fixed-term vs periodic tenancy.
What a compliant free tenancy agreement template must contain in 2026
A safe template, free or paid, needs to cover the following sections. Use this as a checklist against any document you download.
1. The parties and the property
- Full legal names and contact addresses of all tenants (every adult occupier who is a tenant should be named and sign, joint and several liability should be stated).
- The landlord’s name and an address in England or Wales for the service of notices (a legal requirement).
- A clear description of the let property, including whether any areas are shared or excluded (garden, loft, parking).
2. The rent
- The rent amount, the period it covers (weekly, monthly), and the day it is due.
- How and to whom it is paid.
- No rent-review/escalator clause. Any clause that purports to increase rent automatically or by a formula is now banned. The only lawful route to raise rent on a periodic assured tenancy is a Section 13 notice, once per year, using the current prescribed form on GOV.UK. See how to increase rent legally after the Renters’ Rights Act 2025.
3. The deposit
- The amount, which must not exceed five weeks’ rent where annual rent is under £50,000 (six weeks above that).
- A statement that the deposit will be protected in a government-authorised scheme (DPS, TDS or mydeposits) within 30 days, and that the prescribed information will be given to the tenant.
- The grounds on which deductions may be made (cleaning, damage beyond fair wear and tear, unpaid rent), tied to evidence such as an inventory. Read tenancy deposit protection in England explained before you let.
4. Tenancy type and duration
- A statement that the tenancy is an assured periodic tenancy with no fixed term.
- The tenant’s right to end the tenancy by giving two months’ notice in writing.
- The landlord’s possession rights limited to the statutory Section 8 grounds (there is no Section 21 and no “landlord break clause”).
5. Obligations and house rules
- Tenant obligations: pay rent, keep the property reasonably clean, report disrepair, not cause nuisance, allow access on proper notice.
- Landlord obligations: keep the structure and exterior in repair, maintain installations for water, gas, electricity, sanitation and heating (Landlord and Tenant Act 1985 s.11), comply with safety and fitness duties.
- A lawful pet clause reflecting the right to request: the tenant may request to keep a pet, the landlord will respond in writing within 28 days, and consent will not be unreasonably refused. The clause must not ban pets outright or require pet insurance. See how to word a pet clause in a tenancy agreement after the RRA.
6. Access and inspections
- Confirmation that the landlord will give at least 24 hours’ written notice before entering for inspections or non-emergency repairs, and will enter only at reasonable times.
7. The accompanying documents
The agreement is only half the job. To be compliant, and to keep your possession options open, you must also provide:
- The current How to Rent guide (England).
- A valid Energy Performance Certificate (minimum E rating).
- A current Gas Safety Certificate (where there is gas).
- An Electrical Installation Condition Report (EICR).
- The deposit prescribed information and scheme leaflet.
Free vs paid vs software-generated: which should you use?
| Option | Cost | Stays current? | Tailored to your let? | Best for |
|---|---|---|---|---|
| Random free download | £0 | Rarely, often outdated | No | Nobody, unless dated post-May 2026 |
| Reputable free template (updated 2026) | £0 | Usually | Partially | Single, simple lets |
| Solicitor-drafted | £150–£500+ | Yes (at point of drafting) | Yes | Complex or high-value lets |
| Guided document generator | Subscription | Yes (maintained) | Yes (built from your answers) | Landlords with multiple lets |
A genuinely free, recently updated template from a credible source is perfectly safe for a straightforward single-tenant let. The danger is not the price, it is the publication date and legal basis. Always check the template explicitly references the Renters’ Rights Act 2025 and periodic tenancies, and that it does not mention “assured shorthold”, “fixed term”, or “Section 21”. For more on this trap, see what ‘free’ templates get wrong.
How to vet any free tenancy agreement template (the 7 red flags)
Run any template you find through these seven checks. If it fails even one, do not use it without correcting the issue:
- Does it call the tenancy an “AST” or “assured shorthold tenancy”? It should say “assured periodic tenancy”. Red flag.
- Does it specify a fixed term (e.g. “6 months”, “12 months”)? Fixed terms are abolished. Red flag.
- Does it mention Section 21 or a “landlord break clause”? Section 21 is gone. Red flag.
- Does it contain a rent-review or escalator clause? Banned. Rent rises only via Section 13. Red flag.
- Does it ban pets outright or require pet insurance? Both unlawful. Red flag.
- Does it cap the deposit at five weeks’ rent and require scheme protection? It must. Missing = red flag.
- Does it give an England/Wales address for service of notices? Required. Missing = red flag.
A template that passes all seven is structurally sound. You still need to fill in your specifics accurately and serve the accompanying documents.
Worked example: letting a one-bed flat in Leeds
Imagine Priya, who is letting a one-bedroom flat in Leeds at £950 per calendar month from 1 July 2026 to a single tenant, Tom.
- Tenancy type: assured periodic tenancy, monthly periods, no fixed term. The agreement states it continues until ended lawfully.
- Rent: £950 pcm, due on the 1st of each month by standing order. No rent-review clause. Priya knows that if she wants to raise the rent next year, she must use a Section 13 notice on the current prescribed form on GOV.UK, no more than once in any 12-month period, and that the First-tier Tribunal cannot set the rent above her proposed figure if Tom challenges it.
- Deposit: five weeks’ rent. The simple calculation: weekly rent = £950 × 12 ÷ 52 = £219.23; five weeks = £1,096.15. She protects it in a scheme within 30 days and serves the prescribed information.
- Ending the tenancy: Tom can leave any time on two months’ written notice. Priya can only seek possession on a Section 8 ground, for example, Ground 1A (selling) requires four months’ notice, and Ground 8 (serious rent arrears) requires at least three months’/13 weeks’ arrears.
- Pets: the agreement includes a right-to-request pet clause. If Tom later asks to keep a cat, Priya must respond in writing within 28 days and cannot refuse without a good reason.
- Accompanying documents: Priya gives Tom the How to Rent guide, the EPC (rated D), the gas safety certificate, the EICR, and the deposit prescribed information at the start.
Priya’s agreement is one document, but it is backed by a compliant process. That combination, current template plus correct serving of documents, is what actually protects her.
Filling in and signing the agreement
Once you have a vetted template:
- Complete every field accurately. Names must match ID; the property must be correctly described; figures must match what you have agreed.
- Both parties sign and date before the tenant moves in. With joint tenants, all named tenants sign.
- Serve the accompanying documents and keep proof of service.
- Protect the deposit within 30 days and serve prescribed information.
- Keep a complete inventory with photos and dated condition notes, it is your evidence in any future deposit dispute.
For a deeper, step-by-step drafting walkthrough rather than just a template, read how to write a tenancy agreement in England.
Frequently asked questions
Is a free tenancy agreement template legally valid in England in 2026?
Yes, provided it is up to date. A free template is just as legally valid as a paid one if it reflects the Renters’ Rights Act 2025, that is, it grants an assured periodic tenancy, contains no fixed term or Section 21 reference, no rent-review or pet-ban clauses, caps the deposit at five weeks’ rent, and gives an address for service. The risk with free templates is not the price; it is that many were written for the abolished AST regime and have not been updated.
Can I still use my old AST template if I just delete the Section 21 parts?
No, you should not. The old AST framework is built on a fixed-term, no-fault structure that no longer exists, and simply deleting clauses leaves gaps and inconsistencies. You also risk leaving banned clauses (rent reviews, pet bans) in place. Start from a template written specifically for periodic assured tenancies in force from 1 May 2026.
Does the tenancy agreement set when I can increase the rent?
No. Since rent-review clauses are banned, the agreement cannot set future increases. The only lawful route is a Section 13 notice using the current prescribed form on GOV.UK, served no more than once a year. If the tenant challenges it, the First-tier Tribunal can confirm or lower the new rent but can never set it above the figure you proposed.
Do I have to put a fixed term in the agreement?
No, and you cannot. Fixed terms are abolished. Every assured tenancy is now periodic and open-ended. The tenant can end it on two months’ notice; you can only end it on a statutory Section 8 ground using the current prescribed form on GOV.UK.
What documents must I give the tenant alongside the agreement?
At minimum: the current How to Rent guide, a valid EPC (rated at least E), a current gas safety certificate (where there is gas), an EICR, and the deposit prescribed information after protecting the deposit. Failing to serve these can leave you non-compliant and can restrict your ability to obtain possession.
Is a digital signature on a tenancy agreement acceptable?
Yes. An electronically signed tenancy agreement is enforceable in England, provided both parties clearly intend to be bound and the document is complete. E-signing also gives you a clear, timestamped audit trail, which is useful evidence if a dispute arises later.
Coming soon
Tenancy Pilot’s tenancy agreement generator is launching soon. Instead of hunting for a free tenancy agreement template and hoping it is current, you will answer a short set of questions about your let and the platform will build a clean, Renters’ Rights Act-compliant assured periodic agreement, no fixed term, no Section 21, no banned clauses, ready to e-sign through the tenant portal. It will sit inside a command-centre dashboard that tracks your deposit deadlines, certificate renewals and Section 13 rent-increase dates, so the agreement and the compliance around it stay in step. It is not live yet, join the waitlist to be first in when it opens.
This guide is general information, not legal advice. Tenancy law is detailed and your circumstances may differ. Always check the current position on GOV.UK and legislation.gov.uk, and consult a qualified solicitor before relying on any tenancy document.
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