Assured Shorthold Tenancy (AST) Guide 2026 — What Is an AST, Fixed-Term vs Periodic, Prescribed Information and RRA 2025 Changes

What makes an AST, prescribed information requirements and RRA 2025 changes

The key elements of the AST framework in England — from creation to the RRA 2025 reforms:

• What makes an AST and excluded tenancies: Automatic AST (HA 1988 s.19A): any new private residential tenancy granted in England on or after 28 February 1997 is automatically an AST if: (a) the landlord is not resident in the same building as a separate dwelling (resident landlord exemption — s.31 HA 1988); (b) the tenant is an individual (not a company); (c) the property is let as a separate dwelling and is the tenant's only or main home; (d) the annual rent is between £1 and £100,000 (extended from £25,000 in the original 1988 Act). Excluded tenancies (NOT ASTs): let to companies (a company tenancy is not an AST — the company is not an individual; the property is not the company's only or main home); annual rent above £100,000; let as a holiday let; university/college student accommodation let under a licence from the educational body; tenancies granted before 28 February 1997 (these may be protected/regulated tenancies under the Rent Act 1977 or fully assured tenancies — the Rent Act 1977 fair rent system still applies to these). Fixed-term AST (pre-1 May 2026): created for a specified period — typically 6 months (minimum before Section 21 notice can be served) or 12 months. During the fixed term, the landlord cannot end the tenancy unless the tenant is in breach and a valid Ground exists (e.g., Ground 8 — serious rent arrears; Ground 14 — anti-social behaviour). At the end of the fixed term, if neither party ends the tenancy, it automatically becomes a statutory periodic tenancy on the same terms. Periodic AST: a rolling tenancy (monthly or weekly — matching the rent payment period) with no fixed end date. Created either directly (as a periodic tenancy from the outset) or as a successor to a fixed-term AST. The landlord can serve a Section 21 notice at any time after any initial fixed period (giving at least 2 months' notice expiring on the last day of a tenancy period).
• Prescribed information pack, deposit protection and RRA 2025 (England from 1 May 2026): At the start of every AST, the landlord must provide the tenant with: (1) How to Rent guide (current version — the guide is updated periodically; must be the current version at the start of the tenancy; failure to serve means no Section 21 notice can be served). (2) Energy Performance Certificate (EPC): must be provided before the tenant moves in; a valid EPC is also required for MEES compliance. (3) Gas Safety Certificate (Landlord's Record): current certificate (annual check; copy to tenant within 28 days of each annual check; before tenancy start). (4) Electrical Installation Condition Report (EICR): required for private rented properties in England; fresh EICR on each change of tenancy (or every 5 years if tenancy continues). (5) Deposit protection: if a deposit is taken, it must be protected in a government-approved scheme (Deposit Protection Service; MyDeposits; Tenancy Deposit Scheme) within 30 days of receipt; the prescribed information (PI) must also be served within 30 days — name/address of scheme; scheme leaflet; certificate of protection; prescribed information form. Failure to protect the deposit correctly or serve PI means the landlord cannot serve a valid Section 21 notice (pre-RRA 2025); the court can award 1-3× the deposit amount to the tenant (HA 2004 s.214). RRA 2025 (England from 1 May 2026): (a) New fixed-term ASTs ABOLISHED — it is no longer possible to create a new fixed-term AST in England from 1 May 2026; all new tenancies must be periodic from the outset (a single 'assured periodic tenancy' — no fixed term, no minimum term, tenancy continues until ended by the tenant (2 months' notice) or by the landlord (valid Schedule 1 RRA 2025 ground)). (b) Existing fixed-term tenancies at 1 May 2026: NOT immediately converted — they continue until the natural end of the fixed term and then automatically convert to a periodic tenancy under the new regime. (c) Section 21 ABOLISHED from 1 May 2026 for all assured tenancies in England — landlords seeking possession must use one of the grounds in Schedule 1 to the RRA 2025 (equivalent to a reformed and expanded Schedule 2 HA 1988); the new grounds include: Ground 1 (landlord requires for own/family occupation); Ground 1A (intending to sell — NEW: replaces old Ground 1 for sale); Ground 8 (at least 3 months' rent arrears — mandatory); new discretionary grounds for persistent arrears, anti-social behaviour, etc. (d) Private Rented Sector Ombudsman: from 1 May 2026, all private landlords in England must be members of the new Private Rented Sector Ombudsman scheme. (e) Landlord Portal: all private landlords in England must register on the Landlord Portal (part of the Property Portal). Wales and Scotland: Wales has had occupation contracts since 1 December 2022 under RHWA 2016 — no ASTs; the written occupation contract statement must be provided within 14 days of occupation start; Section 21 already abolished in Wales since 1 December 2022. Scotland: Private Residential Tenancy (PRT) under Private Housing (Tenancies) (Scotland) Act 2016 since 1 December 2017 — all tenancies fully periodic from the outset; Notice to Leave on one of 18 statutory grounds

Frequently asked questions