What to include in a tenancy agreement from 1 May 2026

As anyone involved in letting residential property in England and Wales will be aware, the Renters Rights Act 2025 introduced significant changes to renters’ rights.

Whilst pre-existing tenancy agreements remain valid, key changes introduced after 1 May 2026 mean that even if, under a pre-existing agreement, a tenant had a fixed-term tenancy (so they knew the start date and end date for their tenancy), those tenancies have now all been converted to become rolling monthly or weekly periodic agreements with no set end date.

What does a landlord need to know if they are granting a tenancy now?

If a landlord intends to grant a private residential tenancy, they must provide the tenant with the key terms of the tenancy in writing, such as the rent amount, when it is due, and repair obligations, before the tenant signs or agrees to the tenancy. If the landlord fails to do so, they could be liable to pay a fine of up to £7,000, payable to the local authority.

Can a landlord or agent still enter into a bidding war in relation to rent?

The short answer to this is no. If a property is being advertised for let, it must show a clear rent indication, and it is now unlawful for a landlord or agent to encourage or accept higher bids.

Can a landlord now ask for a tenancy deposit?

Yes, but they can no longer ask for more than one month's rent in advance, and they cannot collect the payment until the agreement is signed. This represents a significant change (depending on the value of the rent) because landlords previously could ask for more than one month’s rent as a deposit. In reality, a one-month rent deposit does not provide sufficient comfort to a landlord if significant damage is caused to the property. Where damage or other problems do arise, our property dispute solicitors can advise on your options.

Can a tenant have a pet in my property?

Tenants now have the right to ask the landlord whether they can have a pet in the property, and landlords can refuse only if they can provide a valid legal reason; in any event, they must reply to the tenant’s request within four weeks.

Can I refuse to let to tenants who are in receipt of benefits or have children?

It is no longer lawful for a landlord to refuse to let to a tenant who is in receipt of benefits or has children. Landlords may face fines if they are found to have breached these pieces of legislation.

What should a new tenancy agreement include?

Name and address details: include the full names of the parties involved, the property address, and a mandatory address for service of any legal notices. This applies to both the landlord and the tenant.

Rent and payment terms: specify the exact rent amount due under the tenancy agreement and the payment date. You may no longer include an automatic rent review clause, as rent can be increased only once a year using a formal Section 13 Notice, which gives two months’ notice of the rent increase. A tenant has the right to challenge the rent increase and apply to the property tribunal for a determination of whether the rent increase is appropriate. The new rent will not be due until the tribunal concludes the application.

Notice periods: the tenant can give a maximum of two months’ notice to leave at any time.

Landlord obligations: the tenancy agreement must include clauses which acknowledge the landlord's statutory duty to keep the property safe and fit for human habitation under Section 9A of the Landlord and Tenant Act 1985 and the landlord's repair obligations under Section 11 of the 1985 Act.

What clauses should you not include in a new tenancy agreement?

You should not mention a fixed term or a 6- or 12-month term, as that is no longer applicable.

Any deposit clauses that require payment of more than one month's rent upfront will also be unlawful.

In addition, it should not include any reference to the tenant not being able to have a pet in the property.

This note relates to private residential tenancies only and not in relation to the social housing sector.