Are Free Tenancy Agreement Templates Legal in England in 2026?

A free tenancy agreement template is not illegal in itself — but in England in 2026, the wrong one can land you with fines, an unenforceable contract and an awkward day in the First-tier Tribunal. It can save you a solicitor’s fee, but most free templates are now dangerously out of date. The reason is simple: the Renters’ Rights Act 2025 (in force 1 May 2026) rewrote the rules on how tenancies start, run and end, and the overwhelming majority of free templates floating around the internet were drafted for a world that no longer exists. They still talk about fixed terms, assured shorthold tenancies, section 21 and rent-review clauses, every one of which is now either abolished, banned or actively misleading.

This guide explains exactly what free templates get wrong, what a lawful 2026 agreement has to contain, and how to tell a dangerous download from a safe one before you put a tenant’s signature on it.

Why a free tenancy agreement template is risky in 2026

The problem is not that templates are free. Plenty of free documents are perfectly fine, and many paid ones are no better. The problem is that the legal ground moved under everyone’s feet on 1 May 2026, and most templates have not caught up.

Before the Renters’ Rights Act, the standard product was the assured shorthold tenancy (AST), almost always granted as a six- or twelve-month fixed term. That model has been swept away. There are no more ASTs and no more fixed terms, every assured tenancy in England is now a rolling periodic tenancy from the first day. A template that opens with “This Assured Shorthold Tenancy Agreement is made for a fixed term of 12 months” is describing a tenancy that cannot legally be created. At best the offending clauses are void; at worst the whole document signals to a tenant (or a council enforcement officer) that you do not know the current law.

The risks compound. A clause that breaches the Tenant Fees Act 2019, say, a tenancy-cleaning fee or an admin charge, is not just unenforceable; it can trigger a financial penalty of up to £5,000 for a first offence. A banned no-pets clause, an unlawful rent-review mechanism, or a “the landlord may enter at any time” access term all carry their own consequences. A free document drafted in 2023 will not have removed any of them.

What the Renters’ Rights Act changed for tenancy agreements

To judge whether any template is safe, you need to know the headline changes the Act made. Here are the ones that touch the agreement itself.

• Section 21 is abolished. There is no “no-fault” route to possession. Any template that references serving a section 21 notice, or promises possession “at the end of the term”, is describing something that no longer exists. Possession now runs only through the grounds-based route, see our explainer on Section 21 abolished: what landlords need to know in 2026.
• All tenancies are periodic. There is no fixed term to commit a tenant to. The tenant can end the tenancy on two months’ notice at any time. A template cannot lawfully lock a tenant in for six or twelve months. See what is a periodic tenancy in England.
• Rent increases run through Section 13 only. You can raise rent once a year, using the current prescribed form on GOV.UK, and a rent-review or rent-escalator clause built into the agreement is now banned. The tribunal cannot set rent above the figure you proposed.
• Pets cannot be banned outright. Tenants have a statutory right to request a pet; you must respond in writing within 28 days and cannot unreasonably refuse. You also cannot require pet insurance as a condition. A blanket “no pets” clause is unlawful.
• Deposit and fee caps are unchanged but strictly enforced. The deposit is capped at five weeks’ rent (six weeks where annual rent is £50,000 or more), the holding deposit at one week’s rent, and prohibited fees remain banned under the Tenant Fees Act 2019.

If a template predates 1 May 2026 and has not been revised since, assume every one of these points is wrong in it.

The clauses free templates most often get wrong

Below is a side-by-side of the clauses we see fail most often in free downloads, the legal position in 2026, and what a compliant agreement should say instead.

Any single one of these will undermine a free template. Most outdated downloads contain several at once.

What a compliant 2026 tenancy agreement must contain

A lawful agreement is not just about removing the bad clauses, it has to include the right ones and be backed by the right documents. A periodic assured tenancy agreement for England in 2026 should:

1. Identify the parties and the property correctly, including all joint tenants by name (joint tenants are jointly and severally liable).
2. State that the tenancy is a periodic assured tenancy with a clearly defined rent period (usually monthly) and the rent amount and due date.
3. Set the deposit within the cap, five weeks’ rent below £50,000 annual rent, six weeks at or above, and commit to protecting it in a government-backed scheme within 30 days, serving the prescribed information.
4. Charge only permitted payments. Rent, the capped deposit and a capped holding deposit are allowed. Default fees (genuine costs for lost keys or late rent) are tightly restricted.
5. Set out the pet-request process rather than banning pets, and avoid requiring pet insurance.
6. Require reasonable notice for access, at least 24 hours in writing, save for genuine emergencies.
7. Be silent on rent increases, leaving them to the statutory Section 13 route, and contain no rent-review or escalator clause.
8. Reference the correct repairing obligations and confirm the property meets the applicable standards.

Just as importantly, the agreement must be accompanied at the outset by the legally required documents: a valid Energy Performance Certificate, a current Gas Safety Certificate where there is gas, the electrical safety report (EICR), the government’s “How to Rent” guide, and proof of deposit protection. For a step-by-step build, see how to write a tenancy agreement in England, and if you are weighing a free periodic download, read free periodic tenancy agreement template: are they still safe to use?.

Worked example: spotting the traps in a free download

Imagine a London landlord, Priya, lets a one-bedroom flat at £1,500 a month (annual rent £18,000). She downloads a free “Assured Shorthold Tenancy Agreement 2024” and starts filling it in. Here is what goes wrong and what she should do instead.

• The heading says “Assured Shorthold Tenancy”. ASTs no longer exist. The document should be a periodic assured tenancy agreement.
• Clause 1 commits the tenant to a 12-month fixed term with a 6-month break. Unlawful. The tenant can leave on two months’ notice from day one; the fixed term is void.
• Clause 4 sets the deposit at eight weeks’ rent, £2,769. The cap for annual rent under £50,000 is five weeks: £1,500 ÷ 4.33 × 5 = £1,731.78. Charging more breaches the Tenant Fees Act, and the excess must be repaid.
• Clause 6 adds a £200 “tenancy set-up fee”. A prohibited payment. Charging it risks a penalty of up to £5,000.
• Clause 9 says “rent increases by 5% on each anniversary”. A banned rent-review clause. Priya must instead use the statutory Section 13 process, once a year, on the current prescribed form on GOV.UK.
• Clause 12 bans pets outright. Unlawful. She must replace it with a request-and-reasonable-decision process and must not require pet insurance.

After fixing all six, Priya has effectively rewritten the template, which is exactly why a 2026-current source matters more than a “free” label. The five-week deposit calculation alone is the kind of arithmetic that the deposit-cap guidance, such as how much deposit can a landlord charge in England, exists to get right.

Free vs paid vs generated: which should you trust?

“Free” and “compliant” are unrelated. A free template from a body that updates it for the Renters’ Rights Act can be excellent; a £40 PDF that still mentions section 21 is worthless. What matters is the date of the last legal review and whether the source is accountable for keeping it current.

Be especially wary of templates that:

• still use the words “assured shorthold tenancy” or “fixed term”;
• mention section 21 or “end of term” possession;
• contain a rent-review or annual-increase clause;
• list any tenant fees beyond rent and the capped deposits;
• ban pets outright or require pet insurance.

If you do use a free document, treat it as a starting point and check it against the eight-point list above. For landlords who would rather not police a template clause by clause, a guided builder that is maintained against the current law removes most of the risk, which is the gap Tenancy Pilot’s document tools are designed to fill.

Frequently asked questions

Is a free tenancy agreement template legal in England in 2026?

It can be, but only if it has been rewritten for the Renters’ Rights Act 2025. A free template that still uses fixed terms, ASTs, section 21 or rent-review clauses is not safe to use, because those features are abolished or banned. Always check the date of the last legal update before relying on any free download.

Can I still use a fixed-term tenancy agreement?

No. From 1 May 2026 every assured tenancy in England is a rolling periodic tenancy, and you cannot lawfully commit a tenant to a six- or twelve-month fixed term. A template offering a fixed term is describing a tenancy that cannot be created. See fixed-term vs periodic tenancy for the full comparison.

Do I need a written tenancy agreement at all?

A tenancy can exist without a written contract, but you should always use a written agreement. It records the rent, deposit, parties and obligations, and you still must serve the prescribed deposit information, the EPC, the gas safety certificate and the “How to Rent” guide. A written agreement is your evidence if a dispute reaches the tribunal.

What happens if my agreement contains a banned clause?

A banned clause is generally void and unenforceable, so it simply does not bind the tenant. Some breaches go further: a prohibited tenant fee can attract a penalty of up to £5,000 for a first offence, and charging more than the deposit cap means repaying the excess. The rest of the agreement usually survives, but you cannot rely on the offending term.

Can I include a rent increase clause in the agreement?

No. Rent-review and escalator clauses are banned. Rent can only be increased once a year through the statutory Section 13 procedure, using the current prescribed form on GOV.UK, and the First-tier Tribunal cannot set the rent above the figure you proposed.

How do I make sure my template is up to date?

Check that it never mentions ASTs, fixed terms, section 21 or annual rent-review clauses; that it caps the deposit at five (or six) weeks’ rent; and that it handles pets and access correctly. Cross-check it against current GOV.UK guidance, and prefer a source that states when it was last reviewed against the Renters’ Rights Act 2025.

Coming soon

Tenancy Pilot is launching soon with a document generator that builds Renters’ Rights Act-compliant periodic tenancy agreements for England, no outdated clauses, the right deposit cap calculated for you, and the correct prescribed documents flagged at the point of signing. If you want a compliant agreement without auditing a free template line by line, join the waitlist.

Disclaimer: This guide is general information for England as at 18 June 2026 and is not legal advice. The law and prescribed forms can change. Verify the current position against GOV.UK and consult a qualified solicitor before relying on any tenancy agreement or template.