UK Tenancy Requirements 2026: Housing Act 1988 & Renters' Rights Act 2025
The Housing Act 1988, as substantially amended by the Renters' Rights Act 2025, is the primary legislation governing residential tenancies in England. This guide explains what it requires of landlords and how your tenancy agreement must reflect those requirements following the abolition of Section 21 and fixed-term tenancies on 1 May 2026.
What is an Assured Periodic Tenancy?
Since the Renters' Rights Act 2025 came into force on 1 May 2026, the standard form of residential tenancy in England is the assured periodic tenancy. Fixed-term Assured Shorthold Tenancies (ASTs) and Section 21 "no-fault" evictions have been abolished. The tenancy now rolls from one rent period to the next with no fixed end date.
A tenant can end the tenancy at any time by giving at least two months' written notice. A landlord can only regain possession by relying on one of the grounds in Schedule 2 to the Housing Act 1988 and serving a valid Section 8 notice.
What the Housing Act Requires in Your Tenancy Agreement
- Names and addresses of both landlord and tenant
- Address of the rental property
- Start date and duration (or periodic nature) of the tenancy
- Rent amount, frequency, and payment date
- Deposit amount and the name of the protection scheme
- Notice period requirements for both parties
- Statement that the tenancy is an assured periodic tenancy under the Renters' Rights Act 2025
Additional Pre-Tenancy Legal Requirements
Beyond the written agreement itself, landlords have additional obligations before a tenancy can start:
- How to Rent Guide: Must be provided to the tenant before the tenancy starts. Available free from gov.uk.
- Energy Performance Certificate (EPC): Must be Grade E or above. The tenant must receive a copy.
- Gas Safety Certificate: Annual check required. Tenant must receive a copy within 28 days of each check.
- Deposit Protection: Must be protected in DPS, MyDeposits, or TDS within 30 days. Prescribed Information must be served on the tenant.
- Right to Rent Checks: You must verify that all adult tenants have the legal right to rent in England.
Retaliatory Eviction Protection: With Section 21 abolished, landlords can no longer evict a tenant simply for raising a complaint. Possession requires a valid Schedule 2 ground under Section 8, and the Renters' Rights Act 2025 strengthens tenant protection against retaliatory action following a legitimate complaint about the property's condition.