Assured Shorthold Tenancy (AST): What Replaced It in 2026

At a glance

• What changed: the assured shorthold tenancy (AST) was abolished for new and existing lettings in England from 1 May 2026, under the Renters' Rights Act 2025.
• Existing ASTs: converted automatically into assured periodic tenancies on 1 May 2026 — no new agreement was needed, but landlords had to give tenants the Renters' Rights Act Information Sheet 2026 by 31 May 2026.
• New tenancies: every tenancy is now an assured periodic tenancy from day one; there is no fixed term and no shorthold category left to create.
• Section 21: abolished for all tenancies from 1 May 2026; the transitional window for possession claims based on notices served before that date closed at the end of July 2026.
• Ending a tenancy: landlords must rely on a ground for possession under Section 8 of the Housing Act 1988 (as amended) — commonly four months' notice, shorter for some grounds.
• Deposit protection: still governed by section 213 of the Housing Act 2004 (30 days to protect the deposit and give prescribed information), but compliance is now checked before any possession order, not only Section 21 claims.
• Deposit cap: unchanged at five weeks' rent (annual rent under £50,000) or six weeks' rent (£50,000 or more), under the Tenant Fees Act 2019.
• Rent in advance: now banned before the tenancy agreement is signed; bidding wars and offers above the advertised rent are also prohibited.

What 'AST' meant — and why the category no longer exists

An assured shorthold tenancy was a type of residential tenancy created under the Housing Act 1988. It was the default form of letting for a private residential property in England: a tenancy that gave the landlord a reasonably predictable route back to possession once any fixed term ended, in exchange for tenant protections around deposits, repairs and eviction procedure.

That regime sat in Chapter 2 of Part 1 of the Housing Act 1988, sections 19A to 21. The Renters' Rights Act 2025 omitted that entire chapter — including Section 21, the 'no fault' eviction route — with effect from 1 May 2026, under commencement regulations made earlier that year. From that date, a letting that meets the conditions in section 1 of the Housing Act 1988 is simply an assured tenancy. There is no longer a shorthold sub-type, so there is nothing left to elect into or out of — every qualifying tenancy is assured, and every assured tenancy is periodic.

This page covers the position in England. Wales moved away from ASTs earlier, on 1 December 2022, under the Renting Homes (Wales) Act 2016, which uses its own 'occupation contract' framework and different terminology for landlords and 'contract-holders'. The Renters' Rights Act 2025 reforms described on this page apply to England only.

What happened to existing ASTs on 1 May 2026

If a tenancy was already running as an AST on 1 May 2026, it converted automatically into an assured periodic tenancy on that date. Landlords did not need the tenant to sign anything new, and the rent, deposit and day-to-day terms of the existing agreement carried across.

The landlord's obligation was procedural rather than contractual: give the tenant the Renters' Rights Act Information Sheet 2026, which explains how the new law affects their tenancy, by 31 May 2026. Where a tenancy had been agreed verbally rather than in writing, the landlord instead had to give the tenant written information about the key terms of the tenancy by the same date. Both of those deadlines have now passed; a landlord who has not yet done this should treat it as overdue, not optional.

Setting up a tenancy today: the assured periodic tenancy

Every new residential letting granted in England now starts life as an assured periodic tenancy. There is no fixed term to negotiate, and the tenancy agreement cannot specify an end date — the tenancy simply runs on a rolling basis, typically matching the period for which rent is paid (commonly monthly).

That does not mean paperwork stops mattering. A clear written tenancy agreement is still the sensible way to record the rent, the property, each party's repair and maintenance responsibilities, and how notice is to be given, even though the underlying tenancy type is now periodic rather than fixed-term. Landlords also still need to run right to rent checks under the Immigration Act 2014 before letting to a new tenant — see GOV.UK's right to rent guidance — and should keep references and any guarantor arrangements in the same file as the tenancy agreement itself.

Ending a tenancy: grounds for possession replace Section 21

With Section 21 gone, a landlord who wants possession has to serve a Section 8 notice relying on one or more of the statutory grounds for possession in Schedule 2 to the Housing Act 1988, as amended by the Renters' Rights Act 2025. According to GOV.UK's overview for landlords, the notice period is commonly four months, though it is shorter for some grounds.

Two grounds matter especially to ordinary residential landlords. Ground 1 (a landlord or close family member moving in) was widened, and a new Ground 1A was introduced specifically for a landlord who intends to sell the property. Both require at least four months' notice, and neither can be used to require a tenant to leave within the first 12 months of a tenancy. Rent arrears grounds have also changed: a court must now grant possession on the mandatory rent arrears ground only where the tenant owes at least three months' rent, rather than the previous two-month threshold, and shorter notice periods apply for arrears and anti-social behaviour grounds than for the standard four months. If the tenant does not leave once the notice period expires, the landlord must apply to court for a possession order, and only a court-authorised bailiff or High Court enforcement officer can lawfully carry out the eviction.

Deposit protection and the Tenant Fees Act cap

The deposit protection framework itself has not changed in substance. Under section 213 of the Housing Act 2004, a landlord who takes a deposit must place it in an authorised scheme within 30 days of receipt and give the tenant prescribed information about the scheme within the same window. What has changed is the word the section now uses — "shorthold" was replaced with "assured" from 1 May 2026, simply to match the fact that shorthold tenancies no longer exist — and, more importantly, the consequence of non-compliance. A court will now refuse a possession order on any ground, not only claims that used to rely on Section 21, unless the landlord can show the deposit was properly protected and the prescribed information given, or that the deposit has since been returned, or that a dispute over protection has been resolved by the court.

The cap on how much deposit can be taken is unchanged. Schedule 1 to the Tenant Fees Act 2019 still limits a tenancy deposit to five weeks' rent where the annual rent is under £50,000, or six weeks' rent where it is £50,000 or more. See GOV.UK's guidance on tenancy deposit protection for the current list of approved schemes.

Rent in advance, adverts and fees under the new rules

Several changes affect how a letting can be marketed and priced before the tenancy even starts. From 1 May 2026, a landlord cannot ask for, encourage, or accept a payment of rent before the tenancy agreement has been signed — this is now a prohibited payment under Schedule 1 to the Tenant Fees Act 2019, as amended by the Renters' Rights Act 2025. Advertised properties must show an asking rent, and it is illegal to invite prospective tenants to bid against each other or to accept an offer above the advertised figure. Landlords also cannot discriminate against prospective tenants because they receive benefits or have children, and a tenant's request to keep a pet can only be refused for a valid reason, given in writing.

Rent increases during a tenancy also follow a fixed process: a landlord who wants to increase the rent must use the section 13 procedure (Form 4A), give at least two months' notice, and cannot increase the rent more than once a year. A tenant who thinks the proposed increase is above the open market rent can challenge it at the property tribunal.

Certificates and checks that still apply

The old Section 21 regime worked by making certain paperwork a precondition of a valid notice: a current gas safety certificate, a valid Energy Performance Certificate, an electrical installation condition report, and (formerly) the 'How to Rent' guide. Section 21 is gone, but the underlying duties to provide these documents come from separate legislation — the gas safety, energy performance and electrical safety regulations — and those duties have not been removed. A landlord who fails to meet them can still face financial penalties and other enforcement action from the local authority, independently of any possession claim.

The 'How to Rent' guide itself was withdrawn on 1 May 2026 and has not been reissued as an ongoing requirement for new tenancies; its role for tenancies that were already running was taken by the one-off Renters' Rights Act Information Sheet 2026 described above.

How to use this document

1. Work out whether you are dealing with a legacy AST or a new letting. If the tenancy started before 1 May 2026, it is now an assured periodic tenancy that converted automatically — check the Information Sheet was given. If you are letting a property now, you are creating an assured periodic tenancy from the outset.
2. Carry out right to rent and referencing checks before granting the tenancy. These duties are unaffected by the reforms. Most landlords also run credit and employment references and consider whether a guarantor is needed.
3. Get the paperwork and certificates in order. A gas safety certificate, a valid Energy Performance Certificate and an electrical installation condition report should be in place and given to the tenant, independently of any possession process. See our guide to landlord and tenant compliance documents for the full list.
4. Protect the deposit and serve the prescribed information within 30 days. This step now affects every future possession claim, not only ones that used to rely on Section 21. See our deposit protection guide for scheme details.
5. If you need possession, identify the correct ground before serving notice. Check which ground for possession under Schedule 2 to the Housing Act 1988 actually fits your circumstances and confirm the notice period that applies to it — see our guide on ending a residential tenancy for the current notices and forms.
6. Keep records throughout the tenancy. Rent payments, repair requests, inspection visits and correspondence all matter more, not less, now that every route to possession depends on evidence rather than a fixed-term expiry date.

Related reading

For the matching agreement, see Assured Periodic Tenancy Agreement (2026).

This guide provides general information about assured tenancies and the Renters' Rights Act 2025 reforms in England. It is not legal advice and is not a substitute for advice tailored to your specific circumstances. The law described was accurate as at August 2026 and remains subject to further implementation phases (including a private rented sector database and a landlord ombudsman not yet in force) — always check GOV.UK and legislation.gov.uk for the current position.

Last reviewed: August 2026 by a non-practising solicitor · Next review due: August 2027 or on legislative change.