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A well-drafted tenancy agreement helps landlords understand their rights and responsibilities and provides a clear written record of the terms agreed with their tenant.
Residential tenancy law has changed significantly and different requirements apply in England and Wales. Using an outdated tenancy agreement or a document which does not reflect the current legal regime can create unnecessary complications when managing the tenancy or seeking possession.
At Stephensons, our specialist tenancy agreement solicitors advise residential landlords on preparing, reviewing and updating tenancy documentation. We can ensure that your agreement reflects the nature of the letting, your individual requirements and the current legal framework.
In England, most private assured tenancies are now assured periodic tenancies following reforms which took effect on 1 May 2026. In Wales, residential tenancies and licences were replaced by occupation contracts under the Renting Homes regime, with landlords required to provide the appropriate written statement of the occupation contract.
For specialist advice on a tenancy agreement or occupation contract, call our residential landlord solicitors on 0161 696 6170.
The private rented sector in England changed significantly on 1 May 2026.
Most existing assured shorthold tenancies became assured periodic tenancies, and new private assured tenancies entered into from that date are also assured periodic tenancies. These tenancies operate on a rolling basis and cannot have a fixed end date.
The new regime also requires specified written information about the terms of relevant assured tenancies to be provided to tenants. The Assured Tenancies (Private Rented Sector) (Written Statement of Terms etc and Information Sheet) (England) Regulations 2026 prescribe the information which must be contained in that written statement.
A professionally prepared tenancy agreement can incorporate the required information while also dealing clearly with additional matters relevant to the particular property and letting.
Our tenancy agreement solicitors can prepare a new agreement or review your existing documentation to make sure it reflects the current legal regime.
A different system applies to residential property in Wales.
Landlords in Wales use occupation contracts, with private landlords generally using standard occupation contracts. Welsh Government provides model written statements for secure, periodic standard and fixed-term standard occupation contracts.
A landlord must provide the contract-holder with a written statement of the occupation contract. The current Welsh Government model for a periodic standard contract states that it may be provided before the occupation date but, if not, must be given within 14 days of that date.
The terms of an occupation contract are regulated, and some terms cannot be changed while others can only be omitted or modified subject to statutory requirements.
Our solicitors can advise on standard occupation contracts, additional terms and amendments to ensure that your documentation is appropriate for your particular letting.
The requirements depend upon the type of tenancy and the jurisdiction.
For qualifying private assured tenancies in England, legislation specifies information which must be provided in writing. Government guidance confirms that landlords may incorporate that information into a written tenancy agreement and may include additional terms relevant to the landlord, tenant or property, provided those terms comply with the law.
A properly drafted agreement can address matters relevant to the particular letting, helping both parties understand their rights and responsibilities.
Our solicitors can advise on the terms appropriate for your property rather than relying upon a generic or outdated tenancy agreement template.
If you already have a tenancy agreement, particularly a template which you have used for several years, it is sensible to ensure that it remains suitable following recent changes in the law.
We can review your tenancy agreement and advise on whether changes are required, including whether it reflects:
For Welsh properties, we can instead review the relevant occupation contract and written statement.
In England, most existing assured shorthold tenancies automatically became assured periodic tenancies on 1 May 2026. An existing tenant who already had a written tenancy agreement did not require an entirely new agreement simply because of that change. Instead, most landlords or agents were required to provide the Government's Renters' Rights Act Information Sheet by 31 May 2026.
However, landlords should ensure that the way they operate the tenancy reflects the current law and should obtain advice if they are unsure whether existing documentation is suitable.
For relevant assured tenancies in England, it is no longer possible to create an assured tenancy with a fixed end date. New assured tenancies are periodic and most existing assured shorthold tenancies automatically became assured periodic tenancies on 1 May 2026.
The position is different in Wales, where Welsh Government continues to provide separate model written statements for both periodic and fixed-term standard occupation contracts.
A landlord can prepare their own tenancy documentation, but the agreement must reflect the legal regime applicable to the property.
In England, landlords of relevant assured tenancies must provide specified written information about the tenancy. This information will often be incorporated into a written tenancy agreement, although it can be provided separately.
In Wales, occupation contracts contain statutory terms and some terms cannot be changed, while others can only be varied subject to particular requirements.
Having your agreement prepared or reviewed by a specialist solicitor can help ensure the documentation is appropriate for the property and avoids the use of outdated or inappropriate terms.
You do not generally need to instruct a solicitor simply to enter into a residential tenancy, but obtaining specialist advice can be particularly useful where you require bespoke tenancy terms, have an unusual letting arrangement or want existing documentation reviewed.
Our solicitors can advise on the correct type of agreement and ensure that its terms reflect your requirements while complying with the applicable legislation.
Our residential landlord solicitors can prepare a bespoke tenancy agreement for your property or review an agreement you already use.
We will consider the nature of the property and letting, the applicable legal regime and any particular terms you require before preparing appropriate documentation.
For properties in Wales, we can advise on the appropriate occupation contract and written statement instead.
The absence of a signed tenancy agreement does not necessarily mean that no tenancy exists. However, landlords may be subject to specific requirements to provide information about the tenancy in writing.
For relevant private assured tenancies in England, landlords entering new tenancies from 1 May 2026 must provide specified written information about the key terms. The statutory regulations prescribe the information which must be included.
Different requirements apply in Wales, where landlords must provide a written statement of the occupation contract.
If you have a tenant in occupation without appropriate written documentation, our solicitors can advise on the status of the arrangement and the steps which should now be taken.
The extent and duration of a tenancy guarantor's liability will depend upon the terms of the guarantee and the circumstances of the tenancy.
This can become particularly important where the tenancy has changed, rent has increased or the landlord seeks to recover rent arrears from the guarantor.
Our solicitors can review a tenancy guarantee and advise upon its terms, enforceability and the extent of the guarantor's potential liability.
From 1 June 2026, new provisions affecting discrimination against people with children or receiving benefits became relevant to occupation contracts in Wales.
Rent Smart Wales states that landlords were required to update existing standard occupation contracts by formal variation by 14 June 2026, or include the relevant new fundamental terms in new standard occupation contracts from 1 June 2026.
If your Welsh occupation contract has not been updated to reflect changes in the law, our solicitors can review your documentation and advise on the steps required.
Residential tenancy documentation is no longer a one-size-fits-all exercise, particularly for landlords with properties in both England and Wales.
Our specialist residential landlord solicitors can assist with:
For specialist advice on a tenancy agreement, occupation contract or tenancy guarantee, call our residential landlord team on 0161 696 6170.
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