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Tenancy Agreement (AST): Your Guide to UK Residential Lets | LegalDocuments.co.uk

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Part ofLandlord & Tenant

Written by Brad Askew Solicitor (non-practising)
Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice.
Updated June 2026 · England & Wales
If you're letting out a home in England or taking on a rental property, the paperwork that sits at the heart of the arrangement is almost always an Assured Shorthold Tenancy agreement, or AST. It's the most common form of residential tenancy in England and Wales, and it carries real legal weight for both sides. I've spent years working around civil and commercial contracts, and I can tell you that even a standard-looking tenancy agreement contains clauses that quietly shape what each party can and can't do for months, sometimes years, ahead. This page walks through what an AST actually is, what needs to be inside it, the steps to putting one in place properly, and the questions landlords and tenants most often ask me. If you'd rather talk it through with someone before signing anything, there's an option for that too.

What this document is

An Assured Shorthold Tenancy is the default type of residential tenancy granted on most private rentals in England since the Housing Act 1988 took effect, with the 1996 amendments making it the automatic form unless the parties agree otherwise. In plain terms, it's the written contract that sets out the rent, the length of the let, the obligations on each side, and the circumstances under which the tenancy can end.

Most ASTs run for a fixed initial period, commonly six or twelve months, before rolling into a periodic (month-to-month) arrangement if neither party takes steps to end it. What makes an AST distinctive is the statutory framework sitting behind it.

Tenants get certain protections that cannot be signed away, including rules around deposit protection, notice periods, and how possession can be recovered. Landlords, in turn, have a relatively structured route to regain their property when the tenancy runs its course.

The agreement itself is where the commercial detail lives, but the background law fills in the gaps and, in some cases, overrides anything in the written contract that tries to undercut tenant rights.

How to use this document

  1. Confirm the tenancy type is right for the let. Not every residential arrangement qualifies as an AST. Lets where the landlord lives in the same property, very high-rent tenancies, company lets, and holiday accommodation typically fall outside the AST regime. Check the circumstances of your let against the statutory criteria before drafting, because using the wrong tenancy type can cause problems later when you try to end it.
  2. Gather the details you'll need in the document. Pull together full legal names and contact addresses for the landlord and every tenant who will be named on the agreement, the precise property address including any areas excluded (such as a locked storage room), the rent amount and payment day, the deposit figure, and the dates the tenancy will start and end. Accuracy here prevents disputes later, particularly around who is liable and for what.
  3. Draft the clauses covering rent, repairs, and conduct. Beyond the basics, the agreement should address who pays which bills, whether pets or smoking are permitted, rules on subletting and assignment, the landlord's access rights on reasonable notice, and each side's repair and maintenance duties. Statutory repairing obligations sit with the landlord under section 11 of the Landlord and Tenant Act 1985 and cannot be contracted out of in most cases.
  4. Handle the deposit and pre-tenancy information properly. Any deposit taken must be placed in a government-approved tenancy deposit scheme within the statutory deadline, and prescribed information given to the tenant. Landlords also need to serve the How to Rent guide, a valid Energy Performance Certificate, and a current gas safety certificate. Missing these steps can block the use of section 21 later, so treat them as essential rather than optional.
  5. Sign, date, and keep copies. Both parties should sign the agreement before the tenant takes occupation, and each should retain a copy. A signed inventory and schedule of condition, ideally with dated photographs, protects both sides when it comes to the end of the tenancy and the return of the deposit. Keep all correspondence, receipts, and certificates together in one place for the duration of the let.

Common questions

Q Does an AST have to be in writing?
A tenancy can exist in law even without a written document, but relying on a verbal arrangement is a poor idea for everyone involved. A written AST sets out exactly what was agreed on rent, term, deposit, and responsibilities, which is invaluable if a dispute arises. Some statutory protections and notice procedures also work more smoothly when there's a signed document to refer back to, so putting it in writing is strongly advisable.
Q How long should an AST last?
Most fixed terms run for six or twelve months, though the parties can agree something shorter or longer. After the fixed term ends, the tenancy usually continues as a statutory periodic tenancy on the same terms unless a new fixed term is signed or proper notice is given. Longer initial terms offer more certainty to both sides but reduce flexibility, so the right length depends on what each party wants from the arrangement.
Q What is a section 21 notice and when can it be used?
A section 21 notice is the procedure a landlord uses to end an AST without having to prove the tenant has done anything wrong, typically after the fixed term ends. There are strict conditions: the deposit must be properly protected, prescribed documents must have been served, and the notice must be on the correct form with the right notice period. Government proposals have been raised to reform this area, so the position can evolve.
Q Can the landlord increase the rent during the tenancy?
During a fixed term, rent can normally only be increased if the agreement contains a rent review clause allowing it, or if both parties agree in writing. During a periodic tenancy, the landlord can propose an increase using the statutory procedure or by agreement. Any increase must be reasonable and follow the correct process, and tenants have the right to challenge increases they consider unfair through the First-tier Tribunal in certain circumstances.
Q What happens to the deposit at the end of the tenancy?
The deposit should be returned to the tenant within a set period after the tenancy ends, subject to any agreed deductions for damage beyond fair wear and tear, unpaid rent, or cleaning costs. If there's a disagreement over deductions, the tenancy deposit scheme holding the money offers a free dispute resolution service. Keeping the signed inventory, check-in photos, and receipts makes settling any deduction claim considerably easier.
Q Can a tenant leave before the fixed term ends?
Not automatically. A fixed-term AST binds the tenant to pay rent for the full term unless the agreement contains a break clause, the landlord agrees to an early surrender, or a replacement tenant takes over with the landlord's consent. Leaving without following one of these routes usually means continuing liability for rent until the property is re-let or the term ends, so it's worth negotiating before signing if flexibility matters.
Q Do joint tenants share responsibility for the rent?
Yes. Where two or more tenants sign a single AST as joint tenants, they are jointly and severally liable, meaning each tenant can be pursued for the full rent if the others don't pay their share. This catches people out regularly, particularly in shared houses. Anyone considering a joint tenancy should understand this point before signing, because it exposes each tenant to risks created by the behaviour of their co-tenants.

Sources

This guide is based on primary UK law and official guidance.

Brad Askew, Solicitor (non-practising)

Written & reviewed by

Brad Askew Solicitor (non-practising)

Brad is on the roll of solicitors of England & Wales but does not hold a practising certificate and does not provide legal advice. LegalDocuments.co.uk is not a law firm and does not provide regulated legal advice.

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Legal disclaimer
This article is for general information only. It is a tool to help you find your way — not legal advice, and not a substitute for speaking to a qualified adviser about your situation.