A tenancy agreement is one of the most important documents in the landlord–tenant relationship. It sets out the rules, responsibilities, and expectations for both sides and helps prevent misunderstandings and disputes later on.

Whether you are a first-time landlord in Edgware or have a growing portfolio across North London, it is vital to understand how tenancy agreements work and how the new renting rules affect them – especially with the introduction of new legislation under the Renters’ Rights Act 2026.

(For more about new Renters’ Rights Act legislation click to see our recent article here).

What is a tenancy agreement?

A tenancy agreement is a legally binding contract between a landlord and a tenant. It gives the tenant the right to live in the property and sets out the terms of the tenancy.

Historically, the most common type in the private rented sector has been the Assured Shorthold Tenancy (AST). Under the Renters’ Rights Act reforms, most new private tenancies in England are now granted as open-ended assured periodic tenancies, rather than fixed-term ASTs, although many landlords still use the familiar “AST-style” document to record the terms.

Why tenancy agreements matter

Clarity: Both landlord and tenant know what is expected.
Protection: Provides legal recourse if problems arise, especially around rent, damage, or breaches.
Evidence: Acts as proof of agreed terms if a dispute goes to the ombudsman, the First-tier Tribunal, or the courts.

Without a clear written agreement, you leave yourself open to risk and uncertainty, and you may struggle to show what was actually agreed if things go wrong.

Key clauses to include

Every modern tenancy agreement must cover certain essentials:

Names of the landlord and tenant.
Property address.
Rent amount, due dates, how it should be paid, and any late-payment interest.
Deposit details, including the amount and which government-approved tenancy deposit scheme it is protected in, plus prescribed information.
Start date of the tenancy and, if used, any initial “minimum term”.
Tenant responsibilities (for example, paying bills, keeping the property reasonably clean, and reporting repairs promptly).
Landlord responsibilities (for example, maintaining the structure and exterior, carrying out safety checks, and complying with licensing conditions).
Rules on pets, smoking, visitors, and subletting, including any conditions under the new pet-friendly rules where applicable.
How either party can end the tenancy, including the notice periods and the grounds a landlord may rely on.

The Renters’ Rights Act also requires landlords to provide a more detailed written statement of terms for most new private tenancies. Other than the fixed period element of the traditional AST, much else of what used to be in them is now either mandatory or must be clearly set out in writing – so using an up-to-date template is essential.

Fixed-term vs periodic tenancies from May 1, 2026

In the past, most landlords granted fixed-term ASTs, often for 6 or 12 months, which then rolled into a periodic tenancy if neither side renewed.

Under the new regime in England following the implementation of the Renters’ Rights Act 2026:

New private tenancies are open-ended assured periodic tenancies from the start, with no fixed end date.
Landlords and tenants can still agree that they intend the tenant to stay for at least a certain period, but the legal tenancy itself continues on a rolling basis unless ended using the correct notice and grounds.

Understanding this change is important for planning your rental strategy.

Instead of relying on fixed terms and Section 21 notices, landlords across Edgware will now need to think in terms of ongoing management, clear communication, and using the new grounds-based possession routes where necessary.

Customising the agreement

Standard templates are a useful starting point, but every property is different. For example:

Renting furnished? List the furniture and appliances included, and who is responsible for maintaining them.
Allowing pets under the new rules? Set out any reasonable conditions, such as pet-related cleaning at the end of the tenancy or limits on numbers and types of pets.
Letting an HMO? Include clear clauses about communal areas, cleaning responsibilities, noise, and visitors, and make sure the agreement reflects any licence conditions.

These are not things that weren’t in previous ASTs. This is about the property, not the tenancy type, and making sure any written agreement you have covers rights and responsibilities appropriately for both tenant and landlord.

Any custom clauses must comply with housing law and consumer law. Unfair or one-sided terms (for example, an absolute ban on all visitors or clauses that try to avoid statutory repairing obligations) are unlikely to be enforceable and could be challenged.

Legal and compliance requirements

Tenancy agreements do not sit in isolation – they work alongside a range of legal requirements. Key duties now include:

Protecting any deposit in a government-approved tenancy deposit scheme and serving the prescribed information within 30 days of receiving it.
Providing tenants with an up-to-date Energy Performance Certificate (EPC), a valid Gas Safety Certificate (where applicable), an Electrical Installation Condition Report (EICR), and the latest version of the government’s “How to Rent” guide for England.
Complying with licensing rules (for example, mandatory or additional HMO licensing) where they apply, and reflecting any licence conditions in how you manage the tenancy.
Following the new written-statement and information rules under the Renters’ Rights Act, including any landlord registration or database requirements in your area.
Using the correct notice procedures and grounds if you need to regain possession; unlawful eviction or simply “changing the locks” is a criminal offence and can lead to significant penalties.

A well-drafted agreement should sit comfortably within this framework and not attempt to contract out of your statutory obligations.

Frequently Asked Questions About Tenancy Agreements

Do I need a tenancy agreement in writing?
Yes. While verbal agreements can be legally binding, a written contract and written statement of terms provide clear evidence of what was agreed and help you comply with the new information requirements.

What is the difference between an AST and today’s tenancies?
An Assured Shorthold Tenancy was the standard form for most private rentals, usually granted for a fixed term. Under the Renters’ Rights Act, most new private tenancies in England are likely to be assured periodic tenancies with no fixed end date, although many landlords still use an “AST-style” document to record the terms.

Can I add my own rules to a tenancy agreement?
Yes, provided they are fair, clearly explained, and do not conflict with housing law or the tenant’s statutory rights. Clauses that are deemed unfair or unreasonable, or that try to sidestep legal duties, are unlikely to be enforceable.

What happens if I do not use a tenancy agreement?
You will still create a tenancy in law, but without written terms you will have little protection or evidence if a dispute arises, and you may struggle to show that you complied with the new written-information rules. It is a requirement however to issue a written statement, and this must contain certain information.

How long should a tenancy agreement last now?
In practice, many landlords still think in terms of a 6 or 12 month “initial period”, but legally most new private tenancies in England are periodic from day one, continuing until either side ends them using the correct notice and, for landlords, the appropriate grounds.