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

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