Residential Tenancy Agreements England
In England, the type of tenancy agreement used will depend on a number of factors such as
- the nature of the letting arrangement;
- the status of the tenant; and
- the type of property involved.
Each agreement type offers varying levels of rights, responsibilities, and legal protections for both landlords and tenants. Below is a comprehensive overview of the main tenancy types:
Assured Periodic Tenancy (APT)
The Renters' Rights Act 2025 abolished fixed term Assured Shorthold Tenancies (AST), instead landlords and letting agents must use Assured Periodic Tenancies (APT) for single or joint tenancies.
Landlords of student lettings should Download Student Letting (APT) Agreement Templates.
Landlords of Houses of Multiple Occupation (HMOs) should download HMO Tenancy (APT) Agreement Templates for Landlords
Non-Housing Act Tenancies
Under section 1 of the Housing Act 1988, a tenancy is only assured if the tenant is an individual who occupies the property as their only or principal home.
A letting to a company or other non-natural person cannot be an assured tenancy, nor can a letting to an individual who does not occupy the property as their only or principal home, such as a second home.
Schedule 1 of the Housing Act 1988 also excludes certain other tenancies from being assured tenancies, including high-value lettings where the annual rent exceeds £100,000 and lettings by resident landlords.
In practice:
- The statutory security of tenure provisions applying to assured tenancies do not apply;
- The statutory tenancy deposit protection requirements may not apply;
- The Tenant Fees Act 2019 restrictions on prohibited payments generally do not apply; and
- The landlord must still comply with the Protection from Eviction Act 1977, including a minimum notice period of four weeks. If the occupiers do not leave voluntarily a court order for possession will still be required.
In these situations, landlords should download Company Let Tenancy Agreement Templates and Contractual (Non-Assured) Tenancy Agreements.
Landlords should be aware that in certain situations, if the conditions for an assured tenancy later become satisfied, the tenancy may automatically become assured. For example, if a property is initially let as a second home but later becomes the tenant's only or principal residence, the tenancy may fall within the Housing Act 1988 regime. For this reason, our templates include tenancy deposit protection provisions, forfeiture clauses, and references to possession grounds under the Housing Act 1988. These provisions help ensure the agreement remains legally robust if circumstances change.
Lodger Licences to Occupy a Room in the Owner’s House
If you are letting out a room in your own home to a lodger, the lodger will have a licence rather than a tenancy. Even though renting a room can feel more informal than granting a tenancy, it is advisable to have a written agreement setting out what is required of the owner and the lodger. If practical matters are considered and documented at the outset, this should reduce the scope for disputes during the term of the lodger agreement.