Understanding Your Tenancy Agreement in 2026
The Renters’ Rights Act 2025 has fundamentally changed the structure of private rented tenancies in England. If you’re moving into a rental property or reviewing your current agreement, here’s what you need to know about what a tenancy agreement should — and cannot — contain.
No more fixed terms
All new tenancies are now assured periodic tenancies. This means there is no end date. You do not sign up for 6 or 12 months and then need to renew — the tenancy simply continues until you choose to leave or the landlord successfully applies to court for possession using a valid Section 8 ground.
This is a significant change for tenants. Your home is yours for as long as you want it and pay your rent — you cannot be asked to leave just because a fixed term has ended.
What your tenancy agreement must include
A valid tenancy agreement should clearly set out:
- The names of all tenants and the landlord
- The address of the property
- The start date (there is no end date in a periodic tenancy)
- The initial rent amount and the payment date (e.g. the 1st of each month)
- The deposit amount and the scheme it is protected in
- Obligations of the tenant and the landlord
Rent increases: only via Section 13
Any clause in a tenancy agreement that purports to increase rent automatically — for example, an annual CPI-linked clause or a fixed percentage rise — has no legal effect. Rent can only be increased once per year, and only by the landlord serving a formal Section 13 notice. You have the right to challenge the proposed increase at the First-tier Tribunal if you believe it is above the market rate for comparable properties.
Be cautious of any agreement that contains a rent review clause — it cannot override the Section 13 process, but its presence can cause confusion. A well-drafted agreement should acknowledge the Section 13 procedure rather than attempt to set its own mechanism.
Clauses that are no longer enforceable
Several types of clause that appeared in older tenancy agreements are no longer valid:
- Fixed-term break clauses — no longer relevant as there are no fixed terms
- Blanket “no pets” clauses — cannot override the statutory right to request a pet
- Prohibitions on children or benefit claimants — unlawful discrimination under the Act
- Automatic rent increase clauses — superseded by Section 13
How a tenant ends a periodic tenancy
You can leave whenever you choose by giving written notice. The standard notice period is two months. Your agreement may specify a shorter period but cannot require more than two months from you as the tenant. Notice should be given in writing and timed to expire on a rent payment date where possible.
The Government Information Sheet
All new tenants must be given a copy of the Government’s Renters’ Rights Act Information Sheet at the start of their tenancy. This is a legal requirement — similar to the existing obligation to provide the “How to Rent” guide. At Elliot Oliver, we provide this as part of our standard move-in documentation.
Getting your tenancy right from the start
A clearly drafted, legally compliant tenancy agreement protects both tenant and landlord. If you’re unsure whether your agreement reflects current law — particularly if it was written before the Act came into force — it’s worth having it reviewed. Our team at Elliot Oliver uses up-to-date, Act-compliant agreements for all new tenancies.
Talk to us about your tenancy if you have any questions.
