You cannot grant a new fixed-term Assured Shorthold Tenancy in England from 1 May 2026. All new private residential tenancies must be Periodic Assured Tenancies (PATs). Using an old AST template for a new tenancy creates a PAT by operation of law, but with potentially non-compliant terms.
Before you market the property
- EPC (Energy Performance Certificate): Must be valid (10-year lifespan) and rated E or above. Cannot let a property rated F or G. Renewals currently expected to require a minimum C by 2028, check EPC C Upgrade Planner (LS-E-050)
- Gas Safety Certificate (CP12): Must be current (annual check). Issue to new tenant before they move in
- EICR (Electrical Installation Condition Report): Must have been issued within the last 5 years. Provide to new tenant before move-in
- Smoke and CO alarms: Working smoke alarm on every storey; CO alarm in every room with a solid fuel appliance and in every room with a gas appliance
Before the tenancy starts
- Periodic Assured Tenancy Agreement (LS-E-001): The only compliant form of tenancy for new private lettings in England from 1 May 2026. Must include prescribed terms, no blanket no-pets clause
- How-to-Rent Guide: Latest edition (check GOV.UK, revised editions have been published around commencement). Must be served before move-in
- Written statement of key terms: must be given before any new tenancy from 1 May 2026 is agreed (the government Information Sheet applies only to written tenancies that began before that date)
- Gas Safety Certificate (CP12): Current copy to the tenant before move-in
- EICR: Current copy to the tenant before move-in
- EPC: Valid copy to the tenant before move-in
- Deposit protection: If you take a deposit, protect it in an approved scheme (DPS, MyDeposits, or TDS) within 30 days of receipt. Serve the Prescribed Information within 30 days
Right-to-Rent check
Every adult occupier (18+) must have their right to rent in England verified before the tenancy starts. Use the Home Office online right-to-rent checking service for biometric residence permit holders and British/Irish passport holders (from the GOV.UK service). For all others, manually check original documents from the prescribed list. Keep a dated, certified copy. Failure to check carries a civil penalty of up to £10,000 per occupant.
Inventory and schedule of condition
An inventory signed by the tenant at move-in is not legally required but is essential for deposit deductions at end of tenancy. Without a signed move-in inventory, deposit disputes at end of tenancy almost always go in the tenant's favour. Use the LetSafe Inventory & Schedule of Condition (LS-E-022) and photograph every room.
Tenancy checklist: summary
| Item | When | Consequence if missed |
|---|---|---|
| Periodic Assured Tenancy Agreement | Before keys | Legal uncertainty; potential regulatory breach |
| EPC (E or above) | Before marketing | £5,000 per property civil penalty |
| Gas Safety Certificate (CP12) | Before move-in | Criminal offence; up to £6,000 fine |
| EICR | Before move-in | Civil penalty up to £30,000 |
| Smoke/CO alarms | Before move-in | Civil penalty; inability to rely on Section 8 |
| How-to-Rent Guide | Before move-in | Blocked Section 21 (irrelevant post-May 2026), now affects Section 8 compliance audit |
| Information Sheet (pre-May-2026 written tenancies) | By 31 May 2026, one-off | Civil penalty up to £7,000 |
| Deposit protection + Prescribed Information | Within 30 days | 3x deposit compensation; cannot serve possession notices |
| Right-to-Rent check | Before move-in | Civil penalty up to £10,000 per occupant |
| Inventory | At move-in | Lost deposit disputes at end of tenancy |