What is an assured shorthold tenancy and when does it apply?
An assured shorthold tenancy (AST) is the most common form of residential tenancy in England, governed by the Housing Act 1988 as amended by the Housing Act 1996. It applies automatically where a private landlord lets to an individual tenant and the annual rent is between £1,000 and £100,000. You do not need to specify it is an AST — it arises by default when the conditions are met.
What must an AST agreement include?
An AST should include the names of all landlords and tenants, the address of the property, the start date and duration of the tenancy (or state it is periodic), the amount of rent and payment date, the deposit amount and the scheme holding it, and the landlord's contact address in England. Additional terms such as permitted occupiers, notice periods, and repair responsibilities should also be included.
Does a landlord have to use a solicitor to draft an AST?
No. Landlords in England can draft their own AST agreement without using a solicitor. The government publishes a free model tenancy agreement at gov.uk which can be downloaded and used. Many landlord associations including the National Residential Landlords Association (NRLA) also provide template agreements.
What is the prescribed information for deposit protection?
Within 30 days of receiving a deposit, a landlord must protect it in a government-approved scheme (Deposit Protection Service, MyDeposits, or Tenancy Deposit Scheme) and serve prescribed information on the tenant including the name and contact details of the scheme, how to apply for repayment, and the dispute resolution process. Failure to comply prevents service of a valid Section 21 notice.
What is the How to Rent guide and when must it be provided?
The How to Rent guide is a government document that landlords in England must give to tenants at the start of every new tenancy and at every renewal. It can be sent by email if the tenant has agreed to receive documents electronically. Failing to provide it means a landlord cannot serve a valid Section 21 notice to end the tenancy.
What safety certificates does a landlord need?
A landlord must provide a valid gas safety certificate (CP12) at the start of the tenancy and annually. An Energy Performance Certificate (EPC) must have been obtained before marketing and given to the tenant. Since 2020, a valid Electrical Installation Condition Report (EICR) is required for all rented properties in England, with a copy given to tenants.
Can a tenancy be periodic from the start?
Yes. There is no requirement for an AST to have a fixed term. A tenancy can be periodic from the outset, running month to month or week to week depending on the rent payment interval. Many tenants and landlords prefer this flexibility. A periodic tenancy can be ended by a landlord serving a valid Section 21 notice with at least two months' notice.
What is a Renters Rights Bill and will it change ASTs?
The Renters Rights Bill, which was introduced to Parliament in 2024, proposes to abolish fixed-term ASTs and Section 21 no-fault evictions in England. Under the proposed changes all tenancies would become periodic and landlords would only be able to regain possession on specific grounds. Landlords should monitor the progress of this legislation as it will significantly change tenancy law in England.
What repairs is a landlord responsible for in England?
Under the Landlord and Tenant Act 1985, landlords are responsible for repairing the structure and exterior of the property, heating and hot water installations, basins, baths, and sanitary fittings. The Homes (Fitness for Human Habitation) Act 2018 requires properties to be fit for human habitation throughout the tenancy.
How does uplaw.ai help with tenancy agreements in England?
Tell uplaw.ai the details of your tenancy, the property, and what terms you want to include. We help you draft an AST agreement, understand your legal obligations as a landlord, and identify any missing documents you need to provide before the tenancy starts.
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