How to Write a Tenancy Agreement in England (Step-by-Step, 2026 Edition)

Knowing how to write a tenancy agreement that actually holds up in England in 2026 is now a different skill to the one most landlords learned five years ago. The Renters’ Rights Act 2025 (RRA), in force from 1 May 2026, abolished the fixed-term assured shorthold tenancy, ended Section 21 “no-fault” eviction, and made every new and existing assured tenancy a rolling periodic tenancy. A clause that was standard in 2024, a six-month fixed term, a rent-review escalator, a blanket “no pets” ban, can now be unenforceable, or in some cases unlawful. This guide walks you through drafting a compliant agreement from a blank page, clause by clause, with the legal reasoning behind each one.

This is a practical drafting guide for landlords letting residential property in England. It is general information, not legal advice, see the disclaimer at the end.

What a tenancy agreement actually does in 2026

A tenancy agreement is the written contract between you and your tenant. Since 1 May 2026 there is, in effect, one kind of private residential tenancy in England: the assured periodic tenancy. There is no longer such a thing as a new assured shorthold tenancy, and you cannot grant a fixed term that locks the tenant in. The tenancy rolls from period to period (almost always monthly) until it is ended lawfully.

Your written agreement does three jobs:

1. Records the commercial terms, who, where, how much rent, how often, what deposit.
2. Allocates rights and responsibilities, repairs, access, use of the property, what happens with pets and lodgers.
3. Sets the evidential baseline, it is the document a court, the First-tier Tribunal or a deposit scheme adjudicator reads first if anything goes wrong.

Crucially, a tenancy agreement cannot override the law. If you write a clause that contradicts the RRA, the Tenant Fees Act 2019 or the tenant’s statutory rights, that clause is simply void, but the rest of the agreement usually survives. The skill in 2026 is writing clauses that work with the statutory framework rather than against it.

Before you write: the documents you must have ready

You cannot lawfully let a property, or, in practice, recover possession later, without certain things in place. Get these ready before you draft, because several are referenced inside the agreement:

Failure to serve the EPC, gas certificate or How to Rent guide does not invalidate the agreement, but it can block a possession claim and expose you to penalties. For the wider picture, see our first-time landlord checklist.

Step-by-step: how to write a tenancy agreement clause by clause

Here is the order I draft in. Each numbered step is one block of the agreement.

1. The parties

Name every landlord and every adult tenant in full, with current addresses. If you use a managing agent, name them and state their role. You must give the tenant an address in England or Wales for the service of notices, this is a statutory requirement, and without it rent is not technically “due” for some purposes.

2. The property

Describe the let property precisely: full address, and exactly what is included (for example, “including the garden and one allocated parking space; excluding the locked basement store”). Vague property definitions cause deposit disputes later. Attach a plan for HMO rooms or shared houses.

3. The term, periodic, not fixed

This is the single biggest change. Do not write a fixed term. Write that the tenancy is a periodic assured tenancy under the Housing Act 1988 (as amended by the Renters’ Rights Act 2025), beginning on the start date and continuing on a monthly periodic basis. State the rent period clearly because it governs how notice is calculated. A fixed-term clause granted on or after 1 May 2026 has no binding effect on the tenant, who can leave on two months’ notice regardless.

4. The rent

State the amount, the frequency (monthly is standard; the law caps rent periods at a maximum of one month for most tenancies), the payment date, and the method. Then stop. Do not include a rent-review or escalator clause, these are banned. After the RRA, rent can only be increased once a year using a Section 13 notice on the current prescribed form on GOV.UK, and a clause purporting to set automatic increases is void. We cover the mechanics in Section 13 rent increases explained.

5. The deposit

State the deposit amount and the scheme you will protect it in. The cap is five weeks’ rent where annual rent is under £50,000, or six weeks’ where annual rent is £50,000 or more (Tenant Fees Act 2019). Confirm you will protect it within 30 days and provide the prescribed information. If you took a holding deposit, the agreement (or your records) should show how it was applied, see holding deposits explained.

6. Permitted charges only

The Tenant Fees Act 2019 bans most fees. You may only charge: rent, a capped deposit, a capped holding deposit (max one week’s rent), default fees for late rent or lost keys (within strict limits), and certain change-of-tenancy/early-termination costs. Listing a prohibited fee, admin fees, renewal fees, inventory fees charged to the tenant, is unlawful and exposes you to a financial penalty. Keep this clause tight.

7. Tenant obligations

Cover the sensible, enforceable things: pay rent, use the property as a home, not cause nuisance, report disrepair promptly, not make alterations without consent, keep the garden tidy. Avoid obligations that conflict with statute, for example, you cannot make the tenant responsible for repairs that are the landlord’s duty under the Landlord and Tenant Act 1985.

8. Landlord obligations and access

State your repairing obligations and your right of entry: at least 24 hours’ written notice for inspections and non-emergency repairs, at reasonable times, with immediate access only in a genuine emergency. Getting this wrong invites harassment claims. See landlord right of entry in England.

9. Pets, a right-to-request clause

A blanket “no pets” ban is no longer lawful. Under the RRA (Housing Act 1988 s.16A–16B), the tenant can request a pet in writing and you must respond in writing within 28 days, giving or refusing consent. You may extend by a further period (up to seven days) if you need more information. You cannot unreasonably refuse, there is no “deemed consent” if you stay silent, and you cannot require the tenant to take out pet insurance. Word the clause as a request-and-response process, not a prohibition. See how to word a pet clause.

10. Ending the tenancy

Reflect the new reality honestly. The tenant can end the tenancy at any time by giving two months’ notice. The landlord can only seek possession on a Section 8 ground, using the current prescribed form on GOV.UK, there is no Section 21 route. Do not write an early-termination penalty against the tenant for leaving; their statutory notice right cannot be contracted out of. For context, read how tenancies end in England in 2026.

11. Possession grounds (informational)

It helps to summarise, for transparency, the main grounds you may rely on: Ground 8 (rent arrears) now requires three months’ / 13 weeks’ arrears; Ground 1A (landlord selling) requires four months’ notice; Ground 2 (mortgage repossession) requires four months’ notice. The old discretionary grounds 3, 4 and 16 are abolished. This is not a clause you enforce, it is plain dealing that reduces disputes.

12. Signatures and date

Both parties sign and date. Electronic signatures are valid in England for tenancy agreements. Give the tenant a copy and keep your own, together with proof you served the EPC, gas certificate and How to Rent guide.

Worked example: drafting Priya’s tenancy

Priya is letting a two-bedroom flat in Leeds from 1 July 2026 at £1,200 per month to a single tenant, Daniel.

• Term: She writes a monthly periodic assured tenancy starting 1 July 2026, not a 12-month fixed term. Daniel is free to leave on two months’ notice, which Priya accepts as the new norm.
• Deposit: Annual rent is £14,400 (under £50,000), so the cap is five weeks: £1,200 × 12 ÷ 52 × 5 = £1,384.61. She rounds down to £1,384 to stay safely inside the cap and protects it with a scheme within 30 days.
• Holding deposit: Daniel paid a holding deposit when he applied. One week’s rent = £276.92, so the £250 she took was lawful, and she credited it against the first month’s rent.
• Rent increases: She deletes the escalator clause her old template contained. Next July she will use a Section 13 notice on the current prescribed form on GOV.UK if she wants to raise the rent, once in any 12-month period.
• Pets: Daniel asks about a cat. Priya’s clause sets out the 28-day written-response process. She does not ban pets and does not demand pet insurance.

The result is an agreement that reflects 2026 law, protects Priya evidentially, and avoids the void clauses that would have crept in from a pre-RRA template. If you would rather start from a vetted base, see our free assured tenancy agreement template for England, or the London-specific template if you let in the capital.

Common mistakes to avoid

• Reusing a 2024 AST template. It will reference fixed terms, Section 21 and rent reviews, all wrong now.
• Writing a fixed term to “lock in” the tenant. It does not bind them; it just looks out of date.
• Including a rent escalator. Void, and a signal to a tribunal that your paperwork is unreliable.
• A blanket no-pets clause. Unlawful as an outright ban; must be a request process.
• Requiring pet insurance. Expressly prohibited.
• Over-charging the deposit. Five/six weeks is a hard cap; even a few pounds over triggers penalties.
• Forgetting the prescribed documents. Missing EPC, gas certificate or How to Rent guide can block possession.

Frequently asked questions

Do I legally need a written tenancy agreement in England?

A tenancy can exist without a written document, but you would be foolish to rely on that. The law requires you to give the tenant certain written terms and a notice-serving address, and without a clear written agreement you have almost no evidence in a dispute. Always put it in writing.

Can I still grant a six-month fixed term?

No. Since 1 May 2026 all assured tenancies are periodic. You can record a start date, but you cannot bind the tenant to a minimum term, they may end the tenancy on two months’ notice at any point. Any fixed-term wording is simply ineffective against the tenant.

How much deposit can I write into the agreement?

A maximum of five weeks’ rent where the annual rent is below £50,000, or six weeks’ rent where it is £50,000 or more. Calculate weekly rent as monthly rent × 12 ÷ 52, multiply by five (or six), and round down to be safe.

Can I include a “no pets” clause?

Not as an outright ban. You must allow the tenant to request a pet in writing and respond within 28 days, refusing only on reasonable grounds. You also cannot require the tenant to hold pet insurance. Word it as a request-and-response clause.

How do I increase the rent if there is no rent-review clause?

You use the statutory Section 13 process, once in any 12-month period, by serving the current prescribed form on GOV.UK. The First-tier Tribunal can review the increase but cannot set the rent higher than the figure you proposed. See our Section 13 guide.

Are electronic signatures valid on a tenancy agreement?

Yes. England recognises electronic signatures for residential tenancy agreements. Make sure both parties receive a copy and that you retain evidence of when the prescribed documents were served.

Coming soon

Tenancy Pilot is launching soon. Its document generator will build a fully RRA 2025-compliant periodic tenancy agreement for you, with the correct periodic term, capped deposit, lawful pet clause and no banned rent-review wording, and e-signing, deposit-protection prompts and compliance tracking are built in. If you would like first access, join the waitlist.

Disclaimer: This article is general information for England as at 18 June 2026 and is not legal advice. Always check the current position on GOV.UK and legislation.gov.uk, and consult a qualified solicitor before drafting or relying on a tenancy agreement.