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Written by Brad Askew
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Civil & Commercial Law background · Founder of LegalDocuments.co.uk
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Updated April 2026 · England & Wales
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Landlord & Tenant Law
BA
Written by Brad Askew Legal Tech Founder
Civil & Commercial Law background · Founder of LegalDocuments.co.uk
Updated May 2026
·
England & Wales
If you let a property privately in England, the chances are you will be using an Assured Shorthold Tenancy, or AST. It is by some distance the most common form of residential letting arrangement, and for good reason: it gives landlords a workable route back to possession while offering tenants a recognisable framework for their rights.
That said, 'common' does not mean 'simple'. The rules around ASTs have grown considerably over the years, touching deposit protection, safety certificates, right to rent checks, and a growing list of pre-tenancy disclosures. On this page I want to walk you through what an AST actually is, when it applies, when it doesn't, and what you should have in place before a tenant picks up the keys. I've written it for landlords first, but tenants will find plenty here worth knowing too.
What this document is
An Assured Shorthold Tenancy is a type of residential tenancy created under the Housing Act 1988, as later amended by the Housing Act 1996. It is the default form of tenancy for most private lets in England where the property is let as the tenant's main home and the rent falls within statutory limits.
The defining feature of an AST is that the landlord has a reasonably reliable mechanism for regaining possession once any fixed term has ended, provided the correct notice procedures are followed. Tenants enjoy protections during the tenancy, including deposit protection, repair obligations owed by the landlord, and limits on when and how they can be evicted.
In Wales, the position changed on 1 December 2022 under the Renting Homes (Wales) Act 2016, which replaced ASTs with 'occupation contracts' and introduced a new terminology for landlords (now 'landlords') and tenants (now 'contract-holders'). The rest of this page focuses on the position in England.
How to use this document
01
Check the tenancy actually qualifies as an AST. Not every residential let creates an AST. If the tenant is a company, if the rent is extremely high or very low, or if the property is the landlord's own home with a resident owner, different rules apply. Confirm the letting fits before assuming AST procedures will work.
02
Carry out right to rent and referencing checks. Before granting the tenancy, landlords in England must verify that prospective tenants have the legal right to rent in the UK. Most landlords also run credit and employment references, and consider whether a guarantor is needed if income or credit history is thin.
03
Get the paperwork and certificates in order. A gas safety certificate, a valid Energy Performance Certificate, an electrical installation condition report, and the government's 'How to Rent' guide all need to be in place and provided to the tenant. Missing any of these can block your ability to serve a Section 21 notice later.
04
Protect the deposit and serve the prescribed information. Any deposit taken must be placed in one of the three government-backed tenancy deposit schemes within 30 days, and the prescribed information given to the tenant in the same window. Failure here carries financial penalties and restricts possession routes.
05
Keep records throughout the tenancy. Document rent payments, repair requests, inspection visits, and any correspondence about the property. If a dispute arises, whether over damage, arrears, or possession, the landlord who kept clean records is almost always in the stronger position.
Common questions
QHow long does an Assured Shorthold Tenancy last?
Most ASTs begin with a fixed term of six or twelve months, though any length is possible. Once the fixed term ends, the tenancy usually rolls on as a statutory periodic tenancy on the same terms, continuing month to month until either party brings it to an end using the correct notice. The landlord cannot require the tenant to leave during the first six months except on specific grounds.
QWhat is the difference between a Section 21 and a Section 8 notice?
A Section 21 notice is the 'no fault' route, used to end an AST after the fixed term without needing to give reasons, provided all pre-conditions are met. A Section 8 notice relies on specific grounds listed in the Housing Act 1988, such as rent arrears or anti-social behaviour. Section 8 can be used during a fixed term; Section 21 generally cannot.
QCan I take a deposit from my tenant under an AST?
Yes, but it must be protected in a government-approved scheme (DPS, MyDeposits, or TDS) within 30 days of receipt. You must also give the tenant 'prescribed information' about where the deposit is held. The Tenant Fees Act 2019 caps deposits at five weeks' rent for most tenancies. Check gov.uk for current thresholds and scheme details.
QDoes an AST have to be in writing?
Technically an AST can exist without a written agreement, because the tenancy arises by operation of law once certain conditions are met. In practice, though, letting without a signed agreement is a poor idea. A written tenancy records rent, term, responsibilities, and notice requirements, and makes disputes far easier to resolve if things go wrong later.
QWhen does an AST not apply?
ASTs do not apply where the tenant is a company rather than an individual, where the annual rent exceeds the statutory ceiling, where the rent is below the statutory minimum, where the landlord lives in the same building as a resident owner, or where the let is genuinely a holiday let. In those cases, a common law tenancy or licence is usually the correct route.
QWhat pre-tenancy documents must I give my tenant?
Before the tenancy starts, landlords in England should provide a current gas safety certificate, the Energy Performance Certificate, the electrical installation condition report, and the latest 'How to Rent' guide. Deposit prescribed information follows once the deposit is protected. Failing to serve these can prevent you from later using Section 21 to regain possession.
QDo guarantors stay liable after the fixed term ends?
It depends on the wording of the guarantee. A well-drafted guarantor agreement will make clear whether liability extends only to the fixed term or continues into any statutory periodic tenancy that follows. If the drafting is ambiguous, guarantor liability can end when the fixed term does, leaving the landlord exposed. It is worth getting this checked before relying on it.
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Brad Askew Legal Tech Founder
Brad has a background in civil and commercial law and founded LegalDocuments.co.uk to make clear, reliable legal information accessible to everyone. This site is not a law firm and does not provide regulated legal advice.
Legal disclaimer
This article is for general information only and does not constitute legal advice. We are not solicitors. For advice on your specific situation, please consult a qualified solicitor.
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