Landlord's Guide to Buy-to-Let Tenancy Agreements

Quick Overview: Tenancy Agreements in England

• A tenancy agreement is a legally binding contract between a landlord and tenant that outlines the terms and conditions of the tenancy, including rules and responsibilities;
• Pre Renters’ Rights Act (1st May 2026), the most common type of tenancy agreement in England was an Assured Shorthold Tenancy (AST). However, from 1st May, all new and existing tenancies are Assured Periodic Tenancies, with ASTs being abolished;
• It is best to have a tenancy agreement in written form, although it can also be an oral/verbal agreement.

What is a Tenancy Agreement?

A tenancy agreement is a legally binding contract between a landlord and tenant, which sets out the terms and conditions of the tenancy, including rent amount, rent due date, deposit protection, and notice requirements.

A landlord will typically use a tenancy agreement when signing up a new tenant.

Types of Tenancy Agreements (and identifying which one you have)

There are various types of tenancies, but for the sake of this post, I will discuss the two most relevant and important types of private residential landlords in England:

• Assured period tenancies (APTs) – This is the default type of tenancy – every private residential landlord & tenant in England will have this! An APT is an ongoing rolling tenancy with no fixed end date. That means, it continues indefinitely until either the landlord or tenant gives valid notice to end it. Following the Renters’ Rights Act (1st May 2026), all private tenancies in England operate as assured periodic tenancies, even if an Assured Shorthold Tenancy (AST) agreement was previously signed.
• Assured shorthold tenancies (ASTs) – This was the most common type of tenancy agreement before 1st May 2026. An AST has a fixed term (e.g. a 1-year tenancy), after which it could be ended by either the landlord or tenant with valid notice. ASTs can no longer be created in the private rented sector in England following the Renters’ Rights Act.

In short, the key difference is that an APT is an ongoing, rolling tenancy, whereas an AST is a fixed-term tenancy agreement.

However, depending on the type of tenancy in place, this will also determine how various actions are carried out, such as changing the terms of the tenancy (e.g. increasing rent) and terminating the tenancy. For more details, click on the tenancy type that applies to you.

On a side note, many landlords make the mistake of using a tenancy agreement when they actually have a lodger. A ‘lodger’ is not the same as a ‘tenant’, so a tenancy agreement should not be used in this situation.

Generally speaking, if you are a live-in landlord (i.e. you live in the same property as your tenant and share communal areas such as the bathroom and kitchen), you most likely have a lodger and should use a lodger agreement instead.

For more information on lodgers, please see our lodger guide for live-in landlords.

Do I need a written Tenancy Agreement?

Kinda’

But not technically.

Under the Renters’ Rights Act, landlords are required to provide a Written Statement of Terms for new tenancies. This is a document that sets out the key terms of the tenancy (e.g. rent amount, rent due date, etc.).

While it is not technically a tenancy agreement contract, it contains much of the information you would typically expect to find in one.

The Written Statement of Terms can be provided as a separate document or included within the tenancy agreement (in either case, it must be provided to each named tenant before before the tenancy begins). However, since most of this information is already contained within a tenancy agreement, this is usually the most practical way to provide it to the tenant.

If you happen to be a mental, and a formal written assured periodic tenancy agreement contract is not used, a Written Statement of Terms must still be issued, and the tenancy will generally be treated as an assured periodic tenancy.

What information is included in a tenancy agreement contract?

Tenancy agreement contracts can range from 2 pages to more than 50 – they can vary significantly in length and detail. However, the following information is generally always included:

Here are just a few of the key issues the contract should cover:

• The amount of rent and deposit payable, and the term of the tenancy
• The tenant’s obligation to pay bills and council tax
• The tenant’s obligation to keep the property and any garden in good order and repair
• That the property is to be used for residential purposes only
• That the tenant must not cause nuisance or annoyance to others
• That the property must not be left unattended for more than 21 days without informing the landlord

Tenancy agreements can be amended by updating, adding, or removing terms. However, this does not necessarily mean that every clause, even if signed and agreed by both tenant and landlord— is enforceable by law.

For example, a tenancy agreement can grant both parties more than their statutory rights, but it cannot reduce or remove them. In other words, no clause can override statutory rights.

But, also, please remember…

Basic rights of Landlords & Tenants

There are legal obligations a tenant and landlord must adhere to, even if they aren’t specified in the tenancy agreement. These conditions form part of the tenancy contract, even though they have not been specifically agreed upon.

Some of the most common implied terms are:

• The landlord must carry out basic repairs
• the landlord must keep the installations for the supply of water, gas, electricity, sanitation, space heating and heating water
• the tenant has the right to live peacefully in the accommodation without nuisance from the landlord
• the tenant has an obligation to take proper care of the accommodation.

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