Assured periodic tenancies in England: a landlord’s guide

In England, most private tenancies where the landlord does not live in the property and it is the tenant’s main home are now assured periodic tenancies (APTs), which are rolling tenancies with no end date. There are some exceptions, which we cover below. You cannot create a fixed term end date, and from 1 May 2026 all assured shorthold tenancies automatically became assured periodic tenancies.

What is an assured periodic tenancy (APT) in England?

Government guidance describes an assured periodic tenancy (APT) as “a type of tenancy held between a landlord and a tenant.” This guidance is specifically for assured periodic tenancies, and “There’s different guidance if it’s another type of tenancy, such as a regulated tenancy.”

The rules in this guidance, and the Renters’ Rights Act changes behind them, apply to assured periodic tenancies in England only. Wales, Scotland and Northern Ireland have their own rules, for example on rent increases. If you let property outside England, the rules in this article may not apply.

A tenancy will be an APT if all of the following apply:

• “you do not live in the property”
• “the property is your tenant’s main accommodation”
• tenants have their own room, even if they share a bathroom or kitchen with other tenants

When can a tenancy not be an APT?

The GOV.UK guidance lists situations where “A tenancy cannot be an APT”. These include where:

• “you live in the property”
• “the property is purpose-built student accommodation, the tenants are university students, and you’ve signed up to the National Code of practice”
• “the tenancy has a fixed term of over 21 years”
• “the rent is more than £100,000 a year”
• “the rent is less than £250 a year (or less than £1,000 in London)”
• “it’s a business tenancy or tenancy of licensed premises”
• “the property is a holiday let”

If you are unsure what type of tenancy you have, it is worth checking the official guidance so you are working from the right rules: Assured periodic tenancies: a guide for landlords.

What changed on 1 May 2026 for assured shorthold tenancies?

The GOV.UK page states: “You cannot create an assured shorthold tenancy (AST). All assured shorthold tenancies automatically became assured periodic tenancies on 1 May 2026.”

It also explains what that means for older tenancies: “On 1 May 2026, all assured tenancies, including assured shorthold tenancies, automatically became rolling tenancies. If the tenancy had an end date, it will no longer apply.”

Importantly, the guidance adds: “You did not need to do anything for this change to take effect.”

Do you need a written agreement, and what counts as the agreement?

The guidance says you and your tenant “should have a tenancy agreement.” It defines this clearly: “This is a contract which sets out the legal terms and conditions of the tenancy. It lets your tenant live in a property as long as they pay rent and follow the rules in the agreement.”

The agreement can be written or spoken: “The tenancy agreement can be written down or oral (a spoken agreement).” But there is still a paperwork duty in some cases: “If you have an oral agreement with your tenant, you must also give them the key terms in writing.”

If you have more than one tenant signing the same agreement, the guidance flags joint responsibility: “If more than one tenant signs the same agreement, it is a joint tenancy. All tenants on the tenancy agreement will be responsible for the rent.”

How long does an assured periodic tenancy last (and can you use an end date)?

The GOV.UK guidance is direct: “You cannot create an assured tenancy agreement with an end date (known as a ‘fixed-term tenancy’). If you do this, the end date will not apply. Your tenant can complain to the council and you could be fined.”

Instead, “Assured tenancies must run on a rolling basis, for example, weekly or monthly.” It adds: “They cannot be for longer than a month at a time.”

The guidance then explains when the tenancy stops. A rolling tenancy continues until one of the following happens:

• “you and your tenant decide together to end the tenancy”
• “your tenant decides to end the tenancy”
• “you regain possession of the property”

What written information must you give the tenant, and when?

The GOV.UK page sets out a requirement for some tenancies created after the change date: “If the tenancy was created after 1 May 2026, you need to give tenants certain written information about the key terms of the tenancy.” In practice, this covers any tenancy agreed on or after 1 May 2026. It warns: “If you do not, you could be fined up to £7,000.”

Timing matters. The guidance says: “You must give your tenant the written information before you either:

• sign a tenancy agreement
• agree a tenancy, for example, if you have an oral (spoken) agreement.”

It also clarifies how this can be done: “You can include this information as part of a written tenancy agreement, or you can give it to your tenant separately.”

There are also specific rules for some existing oral arrangements: “You also need to give your tenant this written information if the tenancy started before 1 May and you only have an oral (spoken) agreement. You must have done this by 31 May 2026.”

If the tenancy started before 1 May 2026 and you have a written agreement, the guidance says you do not need to provide that written key term information if both conditions apply:

• “the tenancy was created before 1 May 2026”
• “you already have a written record of the terms of the tenancy, for example, you have a written tenancy agreement”

Instead, the page says: “Instead, you must have given your tenant ‘The Renters’ Rights Act Information Sheet 2026’. You must have done this by 31 May 2026.” It adds: “You must have given it to all tenants named on a tenancy agreement.”

On delivery, the guidance states you must have given the information sheet by either:

• “posting or hand delivering a printed copy”
• “sending a digital copy, for example as an attachment to an email or text message”

Where terms need changing later, the GOV.UK page is clear: “Both you and your tenant must agree to any changes to the terms of the tenancy agreement.”

Rent, rent in advance, and deposits: what the guidance says you can and cannot do

Rent in advance

The guidance defines rent in advance and restricts when you can ask for it: “You or your letting agent must not accept, ask for or encourage tenants to pay rent before you both sign the tenancy agreement. This is called asking for ‘rent in advance’.” It also states: “Your tenant can make a complaint if they are asked to pay rent in advance.”

The page then describes when you can ask for rent in advance: “You can only ask for rent in advance during the ‘pre-tenancy period’. This is after you and your tenant have signed the tenancy agreement and before the date the tenancy starts.” It adds: “You can usually only ask for either one month or 28 days’ worth of rent before the tenancy starts.” The guidance notes that this does not apply to Private Registered Providers of social housing.

It also clarifies what “pre-tenancy period” means: “The period of time after the tenancy agreement has been signed and before the tenancy starts is known as the ‘pre-tenancy period’.”

On maximum amounts in the pre tenancy period, the guidance states:

• “If your tenant will be paying rent monthly, the maximum amount you can usually ask for is one month’s rent.”
• “If they will not be paying rent monthly, the maximum amount you can usually ask for is 28 days’ rent.”

The page lists when you can ask for more: “You can ask your tenant for more than one month or 28 days’ rent in advance if:

• the tenancy was agreed by the local council because they were legally homeless
• your property will be let as either social or supported housing”

On enforcement, it says: “Your local council can investigate if you or your letting agent are reported for asking for rent in advance before the tenancy agreement has been signed.” It also states: “If the local council finds that you or someone acting on your behalf has illegally asked a tenant to pay rent in advance, they can ask you to repay the money.”

Deposits

The guidance says that before a tenancy agreement is signed, you or your agent can ask for certain deposits:

• “a holding deposit (this can be up to one week’s rent), to reserve the property while you carry out checks”
• “a tenancy or security deposit before the tenancy agreement is signed”

It sets deposit caps based on annual rent:

• “up to 5 weeks’ rent if the rent for the year is less than £50,000”
• “up to 6 weeks’ rent if the rent for the year is £50,000 or more”

It also adds a safeguarding requirement: “You must keep your tenant’s deposit safe using a government-approved tenancy deposit protection scheme.” In England, you must protect the deposit within 30 days of receiving it and give your tenant the prescribed information about the scheme within the same 30 days. If you took a deposit, the court can usually only make a possession order if the deposit is protected in a government approved scheme and you have given your tenant the prescribed information. This does not apply to claims on the antisocial behaviour grounds (grounds 7A and 14), or if the deposit has already been returned to the tenant.

Rent due dates and other payments during the tenancy

On rent timing, the GOV.UK page says: “Your tenant should pay rent on the day that is stated in the tenancy agreement. This could be weekly or monthly. For example, Monday each week or the last working day of the month.”

It also says: “The tenancy agreement usually cannot include any terms asking tenants to pay rent before it is due.” It notes limited circumstances where you may ask rent earlier: “You may ask your tenant to pay rent earlier than they usually would if:

• the tenancy was agreed by the local council because they were legally homeless
• your property will be let as either social or supported housing”

After the tenancy starts, the guidance clarifies the tenant’s choice: “Once the tenancy has started, your tenant can choose to pay any amount of rent early. You cannot make them do this.”

The page also lists examples of “Other payments you can ask tenants to make” during the tenancy:

• “if they pay their rent late”
• “any utilities, internet, phone costs, TV licence and council tax they have agreed to pay”
• “if they lose their key or a fob to enter the building”
• “to change the tenancy agreement”
• “to end the tenancy without giving you the required length of notice”

Each of these is controlled by the Tenant Fees Act 2019, and some are capped. A late rent fee can only be charged if the tenancy agreement allows it and the rent is at least 14 days late, and it cannot be more than interest at 3% above the Bank of England base rate. A charge for a lost key or fob must be a reasonable cost. A charge to change the agreement at the tenant's request is capped at £50, or your reasonable costs if higher. A payment for leaving early cannot be more than your loss or reasonable costs. Any other fee is banned, so check the Tenant Fees Act guidance before you charge anything.

How rent increases work for an assured periodic tenancy

The GOV.UK guidance says: “You must follow the correct rules if you want to increase your tenant’s rent.” It then gives two key limits: “You can only increase the rent once a year. You will not be able to increase the rent in the first year of the tenancy.”

It encourages an initial conversation: “You should first discuss any rent increase with your tenant to make sure it’s suitable for both parties.”

It then sets out the formal method: “You will need to complete form 4A: Landlord’s notice proposing a new rent.” It adds: “You must give notice to your tenant by giving them the completed form at least 2 months before you want the rent increase to start.” The guidance explains: “This is known as the ‘section 13 process’.”

The GOV.UK page is also explicit that you must use this approach each time: “You need to follow the section 13 process every time you increase the rent, even if you have already agreed the increase with your tenants.”

On service methods, it says you can give notice:

• “in person”
• “by post”
• “by email (if that’s allowed in the tenancy agreement)”

If the tenant disagrees, the guidance says: “If your tenant thinks the rent increase is higher than the ‘open market rent’ they can ask the First-tier Tribunal (FTT) to decide what the new rent should be.” It defines open market rent as: “the rent that you would expect to receive if you were to relet the property on the open market.”

There are also transitional points for notices given before the change date. The GOV.UK page states: “If you used form 4 to give notice of a rent increase before 1 May 2026, the notice period and rent increase stated in the form will still apply. This is true even if the new rent starts after 1 May 2026.”

It also restates the tenant’s ability to challenge: “If your tenant thinks that the rent is above the open market rent, they can still challenge it by going to the First-tier Tribunal.”

Finally, the page sets a minimum gap between increases: “You cannot increase the rent until at least a year after the last increase took effect, even if the last increase took effect before 1 May 2026.” It adds this applies if you either:

• “increased the rent by giving your tenant notice using form 4”
• “used a rent review clause in the tenancy agreement to increase the rent”

The GOV.UK example is: “You gave your tenant notice that their rent will be increased from 1 February 2026. The next rent increase cannot come into effect until 1 February 2027.”

There is also a specific rule about rent review clauses: “If the increase was agreed before 1 May 2026 but takes effect after 1 May 2026, the increase will not apply.”

Keeping a clear record of what tenancy type you have, what you have given the tenant, and what dates apply is easier when you track it all in one place, for example using a simple compliance checklist like our landlord compliance check.