All new tenancies in England from 1 May 2026 are Periodic Assured Tenancies — there are no more fixed-term ASTs. The tenancy agreement (now a Periodic Assured Tenancy Agreement) must reflect this change and must not include clauses that are unlawful under the Renters' Rights Act 2025 or the Housing Act 1988 as amended.
Fixed-term clauses are unenforceable
Any clause in a new tenancy agreement that attempts to create a fixed term (e.g. 'the tenancy is for 12 months') is unenforceable. All new tenancies from 1 May 2026 are periodic by statute — the agreement cannot override this.
Rent clause — what it must include
- The contractual rent amount and the rental period (e.g. £1,000 per calendar month)
- The date rent is due each month (e.g. 'payable on the first of each month')
- Accepted payment methods
- Do NOT include a rent review clause — rent can only be increased via the Section 13 procedure (Form 4A, once per 12 months, 2 months' notice). A contractual rent review clause does not override the Section 13 requirement
- Do NOT include escalator clauses (e.g. 'rent increases by 3% per annum') — these are unenforceable as an alternative to Section 13
Repair and maintenance obligations
- The agreement should set out the landlord's Section 11 repair obligations (structure, exterior, utilities, heating) — these cannot be contracted out
- Tenant obligations: treat the property in a tenant-like manner, report defects promptly, not cause damage
- Damp and mould: include a clause requiring the tenant to report damp, mould, or condensation promptly — this supports Awaab's Law compliance
- Decorating: specify whether the tenant can redecorate and in what circumstances (with consent, approved colours only, or freely)
- Gardens: clearly allocate garden maintenance responsibilities — courts have found ambiguous garden clauses unenforceable
Pet clause — mandatory consideration under RRA 2025
- Under the Renters' Rights Act 2025, landlords must consider pet requests and can only refuse on reasonable grounds
- A blanket 'no pets' clause is not automatically enforceable — the landlord must still consider any pet request on its merits
- Include a pet clause setting out the process: tenant to apply in writing, landlord to respond within 28 days, reasonable conditions (pet deposit — now permitted as a separate deposit up to one week's rent, specialist cleaning at end of tenancy)
- Landlords can require the tenant to obtain pet damage insurance as a condition of consent
Subletting and assignment clause
- Under the Renters' Rights Act 2025, tenants have a statutory right to request consent to sublet a room (not the whole property)
- Include a clause requiring written consent before subletting — consent may be refused on reasonable grounds
- Subletting the entire property without consent remains a Ground 12 breach (discretionary possession ground)
- Assignment: tenants cannot assign the tenancy without landlord consent — include an explicit prohibition clause
Clauses that are now unenforceable (post-1 May 2026)
- Fixed-term clause: Any clause purporting to fix the tenancy for a specified period is void
- No DSS / no UC clause: Refusing to let to Universal Credit tenants is unlawful discrimination — such clauses are unenforceable and potentially expose the landlord to a discrimination claim
- Rent-to-rent prohibition clause (if overly broad): Clauses that prohibit the tenant from exercising their statutory subletting rights are unenforceable to that extent
- Waiver of Section 13 rent increase procedure: Any clause purporting to bypass Form 4A/Section 13 is void
- Waiver of quiet enjoyment: Any clause purporting to allow inspection without notice is unenforceable — 24 hours' written notice remains the legal minimum regardless of the tenancy agreement