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A tenancy agreement records the terms agreed between a landlord and tenant and sets out their respective rights and responsibilities in relation to the property.
The type of agreement required depends on the property, the nature of the letting and whether the property is in England or Wales. The legal framework in each jurisdiction is now significantly different.
In England, most private assured tenancies are assured periodic tenancies. Following changes introduced on 1 May 2026, assured shorthold tenancies were abolished under the current private rented sector regime and assured tenancies can no longer have a fixed end date.
In Wales, residential renting operates under the occupation contract regime, with private landlords generally using standard occupation contracts.
Our residential landlord solicitors can prepare or review your tenancy documentation and advise on the appropriate agreement for your circumstances. Call 0161 696 6170.
The contents of an agreement will depend on the nature of the letting, but tenancy documentation will commonly address matters such as:
In England, landlords creating relevant assured tenancies after 1 May 2026 must provide tenants with specified written information about the key terms of the tenancy before signing or otherwise agreeing the tenancy. This information can form part of the written tenancy agreement or be provided separately.
Terms agreed between the parties must also comply with the applicable law.
Express terms are the terms specifically agreed between the landlord and tenant and recorded in the tenancy agreement, such as arrangements concerning rent, occupation and use of the property.
Not every right or obligation affecting a tenancy has to be expressly written into the agreement. Some terms and legal obligations arise from legislation and the nature of the landlord and tenant relationship.
A written tenancy agreement therefore needs to be considered alongside the statutory rights and responsibilities applying to the property.
A landlord cannot simply use the wording of a tenancy agreement to override statutory requirements. For example, the Government's current information for English assured tenancies expressly confirms that the post-May 2026 statutory rules cannot be changed or disapplied by provisions in a tenancy agreement.
This depends principally upon where the property is located and the nature of the letting.
For most relevant private residential lettings in England, the current tenancy regime is the assured periodic tenancy.
From 1 May 2026, assured shorthold tenancies were abolished under the current regime and assured tenancies cannot have a fixed end date.
Different arrangements may apply to properties or occupiers outside the assured tenancy regime, making it important to establish the legal status of the proposed letting before choosing an agreement.
In Wales, tenancies and licences were replaced by occupation contracts under the Renting Homes regime. Most people renting from private landlords have a standard occupation contract, which can be periodic or fixed term.
Welsh Government publishes model written statements for both periodic and fixed-term standard occupation contracts.
Our solicitors can advise on the appropriate agreement or occupation contract for your property.
Yes, but landlords need to ensure their documentation complies with the legal requirements applying to the particular property and tenancy.
Generic or older template agreements may not reflect recent changes in residential tenancy law. In England, landlords must now provide specified written information for relevant new assured tenancies.
Obtaining specialist advice can be particularly helpful where the letting is unusual, bespoke provisions are required or an existing agreement needs updating.
There is no general requirement to use a solicitor simply to create a tenancy agreement. However, a specialist landlord and tenant solicitor can ensure that the documentation is appropriate for the particular letting and reflects current legal requirements.
Our solicitors can draft a tenancy agreement, review an existing agreement or advise on occupation contracts in Wales.
The absence of a signed written agreement does not necessarily mean that no tenancy exists.
However, there are specific requirements concerning written information.
For relevant assured tenancies created in England after 1 May 2026, landlords must provide specified written information about the key terms before the parties sign a tenancy agreement or otherwise agree the tenancy, including where the underlying agreement is oral.
In Wales, landlords must provide a written statement of the relevant occupation contract.
If you have a tenant or contract-holder already occupying a property without appropriate documentation, legal advice should be obtained about the status of the arrangement and the steps which can now be taken.
The position will depend upon the agreement and applicable legal regime.
For assured periodic tenancies in England, both landlord and tenant must agree to changes to the terms of the tenancy agreement.
Different rules apply to occupation contracts in Wales, where statutory provisions govern the terms of the contract.
The duration and extent of a guarantor's liability will depend upon the particular wording of the guarantee and the circumstances of the tenancy.
Landlords should therefore avoid assuming that a guarantor automatically remains liable following changes to a tenancy or other relevant circumstances.
Our solicitors can review tenancy guarantees and advise on their effect and enforceability.
The absence of a written tenancy agreement does not, by itself, allow a landlord to remove an occupier without following the applicable legal process.
The first step is to establish the nature of the occupation agreement and the legal procedure which applies.
For landlords in England, the current private assured tenancy regime generally requires a valid ground for possession. For properties in Wales, the separate Renting Homes possession procedures apply.
Our tenant eviction solicitors can review the circumstances and advise on the appropriate route to possession.
Our specialist residential landlord team can assist with:
For specialist advice, call our residential landlord solicitors on 0161 696 6170.
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