What is a residential tenancy?
A residential tenancy is a legal agreement where a landlord lets a residential property to a tenant as their main home in exchange for rent.
Since 1 May 2026, under the Renters’ Rights Act 2025 (RRA 2025), almost all private residential tenancies in England are periodic assured tenancies.
In all circumstances, it is essential that landlords use the correct document when renting out residential property. This ensures that both the person renting the property and the landlord understand their rights and obligations regarding the property. For more information on letting properties, read Renting property.
What is an assured periodic tenancy?
Under the RRA 2025, most private tenancies are assured periodic tenancies (APTs). These agreements are periodic from the very first day, meaning there's no fixed term for the tenancy. For example, a tenancy doesn’t last from 1 July 2026 to 31 May 2027; instead, it rolls month-to-month or week-to-week, with no set end date.
APTs must comply with specific rules, including those on registering deposits, rent increases, pet requests, and property standards. Further, landlords can only end APTs if they have a valid legal reason under a Section 8 notice. Tenants can normally end APTs by giving two months' notice. For more information, read Legal obligations of a landlord.
A tenancy will be an APT if:
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the property is located in England
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the property is being let to an individual (not a business)
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the property is the tenant's only or main home
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you, the landlord, don't live in the same building
You can make an APT using our Tenancy agreement for a house or a Tenancy agreement for a flat. If you’re renting out a room in a shared house that you do not live in, use our Room rental agreement.
A tenancy will not be an APT if:
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you live in the property (more on this below)
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the property is located outside England
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the property is purpose-built student accommodation, the tenants are university students, and you’ve signed up to the National Code
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the tenancy has a fixed term of more than 21 years
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the annual rent is more than £100,000
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the annual rent is less than £250 for properties outside London, or less than £1,000 for properties in London
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the tenancy is a business tenancy or tenancy of licensed premises
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the property is a holiday let (more on this below)
What was the position before the Renters' Rights Act?
Before the RRA 2025 came into force, most private residential tenancies in England were assured shorthold tenancies (ASTs).
Under the old AST system, landlords could let property out on a fixed term, such as six or 12 months, which locked both parties into the agreement for that time. Crucially, landlords could also use section 21 notices, allowing them to evict tenants once the fixed term ended without having to prove they'd done anything wrong.
The RRA 2025 abolished the AST model and section 21 'no-fault' evictions. For more information on what changed under the RRA 2025, read The landlord's guide to the Renters' Rights Act and What new renters' rights do tenants have?
What happens to existing tenancies?
On 1 May 2026, all existing ASTs automatically converted into APTs. This means that even if a landlord and tenant signed an AST years ago, their tenancy is now legally treated as a periodic tenancy.
This means that any clauses in the existing AST that mention a 'fixed term' or an 'end date' are now void. The tenancy becomes a rolling agreement that continues indefinitely. Landlords must now follow the new legal processes for rent reviews and evictions, and ensure tenants are awarded the correct rights under their APT.
Landlords must provide tenants with existing ASTs with a copy of the government’s information sheet on the Renters’ Rights Act by 31 May 2026. This explains how the new law affects their tenancy and ensures everyone understands their rights and responsibilities.
What are the other types of letting documents?
It's important to use the correct document so everyone knows their rights and responsibilities. If you use the wrong agreement, you might find it difficult to regain possession of your property, or you might accidentally grant a tenant more rights than intended.
Lodger agreement
A Lodger agreement gives a lodger the right to use a spare room in the landlord’s home.
The lodger is given use of a bedroom and shares other areas of the property (such as a bathroom, kitchen, and garden) with the landlord, also known as a ‘live-in-landlord’. For more information, read Taking in a lodger.
As lodgers have fewer rights than tenants, ending a lodger agreement is simpler than ending an APT. Landlords must generally give a lodger ‘reasonable notice’ to end their agreement, instead of using an eviction notice. For more information, read How to evict a lodger.
Holiday lets
A holiday letting agreement is specifically for short-term stays where the holidaymaker is visiting for a holiday and doesn't intend to live in the property permanently. These stays are usually between one and three weeks.
Under a holiday let, the holidaymaker doesn't have the right to remain after the agreed period ends. You shouldn’t use a holiday let agreement for someone who's actually living in the property as their home. If you do, the law will treat it as an APT, which makes it much harder to regain possession. For more information, read Holiday lets.
Use our Bespoke drafting service to have a holiday let agreement made for your specific needs.
If you need to ensure your rental documents are up to date with the latest laws, you can make a Tenancy agreement. Do not hesitate to Ask a lawyer if you have any questions about the Renters' Rights Act 2025 or about residential tenancies.
