Tenancy agreements under the Renters' Rights Act, and the written statement of terms

In England, the Renters’ Rights Act changes assured private tenancies from 1 May 2026, but it does not make every tenancy void unless a document is headed tenancy agreement. The key statutory document is the written statement of terms, and the Act applies differently from Wales, Scotland and Northern Ireland.

What does the Renters' Rights Act change about your tenancy agreement?

From 1 May 2026 in England, a private assured tenancy agreement must operate as an assured periodic tenancy, not a fixed-term or assured shorthold tenancy: the commencement order says the Act abolishes “fixed term and shorthold assured tenancies, so that all tenancies under that Act will now be assured periodic tenancies.” A new tenancy agreement in 2026 should therefore avoid an operative end date, because GOV.UK says assured periodic tenancies “will run on a rolling basis, for example, monthly,” and the old AST label no longer does the legal work for ordinary private assured lets. Existing written agreements do not automatically need rewriting: GOV.UK says, “If you have a written record of the agreement between you and your tenant, you do not need to change the tenancy agreement.” Scotland already had private residential tenancies from 2017, Wales uses occupation contracts, and Northern Ireland still recognises fixed-term tenancies.

Do you still need a written tenancy agreement now that fixed terms are abolished?

GOV.UK’s own guide says “All tenancies will need to have a written tenancy agreement in future,” but the Act itself requires a written statement of terms, which section 16D allows either as a written agreement or as “a record of terms otherwise agreed.” Government’s own summary overstates its own law: an oral tenancy can still exist in England, but the landlord must give the tenant the statutory written statement containing the required terms. GOV.UK’s landlord guide still says, “The tenancy agreement can be written down or oral (a spoken agreement),” so the legal requirement is not a document with tenancy agreement on the front page. In practice, most landlords will use an assured periodic tenancy agreement from May 2026 because it is cleaner, easier to evidence, and can include the written statement in one document. Abodient can hold the lease record, deposit details and scheme for each letting period, which matters because the post-2026 agreement type and statement duty are tenancy-level records.

What is a written statement of terms, and is it the same thing as the tenancy agreement?

A written statement of terms is the statutory list of prescribed tenancy terms and information that must be given to the tenant; it can be part of the tenancy agreement, but it is not necessarily the same document. GOV.UK puts the distinction plainly: “You can include this information as part of a written tenancy agreement, or you can give it to your tenant separately.” For a new English assured tenancy from 1 May 2026, the statement normally must be given before the tenancy is entered into, because section 16D says, “Subject to subsections (5) to (7), the statement under subsection (2) must be given before the tenancy is entered into.” Wales has its own 14-day written statement rule for occupation contracts. Scotland only imposes the document duty where the private residential tenancy terms are not already written down, despite gov.scot’s broader wording. Northern Ireland uses a tenancy information notice rather than this English section 16D statement.

What must a written statement of terms contain, and when do you have to give it?

In England, the written statement of terms must contain the terms and information listed in the 2026 Regulations, and for a new tenancy it must usually be given before the tenancy is entered into. Regulation 2 says, “For the purpose of section 16D(2) of the 1988 Act, the terms and information which must be included in a written statement are set out in the Schedule to these Regulations,” and the Schedule includes basic commercial terms such as “The rent payable under the tenancy and when it is due.” The civil penalty is not an automatic £7,000 fine: section 16I says the amount is set by the authority but “must not be more than £7,000,” and guidance adds, “There is no statutory minimum penalty.” Wales requires a written statement of the occupation contract within 14 days of the occupation date. Scotland requires a terms document only if terms are not already written. Northern Ireland requires the prescribed notice within 28 days after grant.

Your letting agent never issued the written statement - are you the one in breach?

In England, the landlord remains in breach if the written statement of terms is not given, but a contracted letting agent can also become directly responsible where their contract requires them to ensure compliance. Section 16D starts with the landlord duty: “The landlord under a tenancy to which this section applies must give the tenant a written statement of—”. It then extends the duty to the agent where the landlord has contracted with someone to ensure compliance, because subsection 16D(8) says that “subsection (2) also applies to that person, as it applies to the landlord.” That means an agent’s failure is not a safe excuse for the landlord, although it may also expose the agent to enforcement and a contractual claim by the landlord. Wales also puts the statutory written-statement duty on the landlord. Scotland’s private residential tenancy written-terms duty is on the landlord. In Northern Ireland, failure to give the prescribed notice is expressly an offence by the landlord.

What makes a tenancy agreement invalid?

No legislation in any of the four nations voids a tenancy for being oral or unsigned. In England, GOV.UK states that “The tenancy agreement can be written down or oral (a spoken agreement),” and in England and Wales a short lease in possession for no more than three years at the best rent without a fine can be created orally because the 1925 Act preserves “the creation by parol of leases taking effect in possession for a term not exceeding three years.” A signed rental agreement is usually strong evidence of the deal, but a draft tenancy agreement is not normally binding unless the parties have actually agreed to be bound. An unfair term is different from an invalid tenancy: the Consumer Rights Act says, “An unfair term of a consumer contract is not binding on the consumer.” Wales allows an occupation contract to start verbally, with a follow-up written statement. Scotland can constitute a private residential tenancy without a written document. Northern Ireland says basic tenant rights exist without a written agreement.

Can a tenancy agreement be changed after it has been signed?

A tenancy agreement can be changed after signing only if the landlord and tenant agree, unless a statute gives a separate route for that type of change. GOV.UK’s England guidance says, “Both you and your tenant must agree to any changes to the terms of the tenancy agreement,” so a management company or agent cannot simply rewrite a private assured tenancy agreement because it prefers different terms. A new tenancy agreement may supersede an old one if both sides agree that it does, but landlords more often use an addendum for specific changes because it avoids accidentally changing the rest of the bargain. Wales has its own rule for periodic standard contracts: the 2016 Act says the fundamental, supplementary and additional terms “may be varied…by agreement between the landlord and the contract-holder.” Scotland has no general private-let rule requiring a particular form for an agreed change, but if terms become unwritten the section 10 document duty can be triggered. Northern Ireland requires a further notice within 28 days after a prescribed term is varied.

Is anti-social behaviour a breach of the tenancy agreement?

In England, anti-social behaviour is not automatically a breach of the tenancy agreement unless the agreement contains a term prohibiting it, but it can still be a possession ground even if the agreement is silent. Housing Act 1988 Ground 14 applies where the tenant “has been guilty of conduct causing or likely to cause a nuisance or annoyance” to people in the locality, while Ground 12 is the breach route and applies only where “Any obligation of the tenancy…has been broken or not performed.” That is why an anti-social behaviour clause still matters: it turns nuisance conduct into both a Ground 14 issue and a contractual breach issue. GOV.UK says landlords “could include terms in the tenancy agreement that prohibit antisocial behaviour and help tenants understand their responsibilities.” Wales is different because prohibited conduct is incorporated as a term of all occupation contracts. Scotland has a statutory private residential tenancy eviction ground for relevant anti-social behaviour. Northern Ireland has tenant-responsibility guidance, but no automatic private-tenancy ASB clause is established.

What is a fair usage clause in a tenancy agreement?

A fair usage clause is a tenancy term, common in bills-inclusive lets, that says how much energy, water or other utilities are included in the rent and what happens if the tenant exceeds that allowance. Shelter’s England guidance explains the market usage: “Some tenancy agreements limit how much energy and water is included in your rent,” and “This is called a fair usage clause.” No UK statute fixes a fair-usage kWh figure or cash cap, so the clause must be clear, agreed in the tenancy, and not unfair. The Consumer Rights Act says a term is unfair if it causes “a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer,” and an unfair consumer term is not binding. In England, extra utility charges are a permitted Tenant Fees Act payment only if the agreement requires them. If energy is separately resold in Great Britain, Ofgem’s maximum resale rule caps each unit at the price paid to the supplier; where utilities are bundled into rent, Ofgem says those resale rules do not apply.

Last reviewed September 2026.

Sources

• Renters’ Rights Act 2025 commencement order, S.I. 2026/421 — “Chapter 1 of Part 1 of the 2025 Act makes various changes to the Housing Act 1988 (c. 50)(“the 1988 Act”), including the abolition of fixed term and shorthold assured tenancies, so that all tenancies under that Act will now be assured periodic tenancies, and the abolition of “section 21 evictions” (also known as “no fault evictions”).” Source
• GOV.UK Renters’ Rights Act landlord overview — “Assured periodic tenancies will run on a rolling basis, for example, monthly.” Source
• GOV.UK Renters’ Rights Act landlord overview — “If you have a written record of the agreement between you and your tenant, you do not need to change the tenancy agreement.” Source
• GOV.UK Guide to the Renters’ Rights Act — “All tenancies will need to have a written tenancy agreement in future, that includes specific information.” Source
• Housing Act 1988 s.16D — “(a)such terms of the tenancy as are specified in regulations made by the Secretary of State, whether in the form of an agreement in writing between the landlord and tenant or a record of terms otherwise agreed, and” Source
• GOV.UK assured tenancy agreements guide — “The tenancy agreement can be written down or oral (a spoken agreement).” Source
• GOV.UK written information guide — “You can include this information as part of a written tenancy agreement, or you can give it to your tenant separately.” Source
• Housing Act 1988 s.16D — “Subject to subsections (5) to (7), the statement under subsection (2) must be given before the tenancy is entered into.” Source
• Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2026, regulation 2 — “For the purpose of section 16D(2) of the 1988 Act, the terms and information which must be included in a written statement are set out in the Schedule to these Regulations.” Source
• Assured Tenancies and Agricultural Occupancies (Forms) (England) Regulations 2026, Schedule — “The rent payable under the tenancy and when it is due.” Source
• Housing Act 1988 s.16I — “The amount of a financial penalty imposed under this section is to be determined by the authority imposing it, but must not be more than £7,000.” Source
• GOV.UK civil penalties under the Renters’ Rights Act 2025 — “There is no statutory minimum penalty.” Source
• Renting Homes (Wales) Act 2016 s.31 — “The landlord under an occupation contract must give the contract-holder a written statement of the contract before the end of the period of 14 days starting with the occupation date.” Source
• Housing Act 1988 s.16D — “The landlord under a tenancy to which this section applies must give the tenant a written statement of—” Source
• Housing Act 1988 s.16D — “Where a landlord has entered into a contract with a person which requires that person to ensure compliance with this section (whether or not this section is referred to individually), subsection (2) also applies to that person, as it applies to the landlord.” Source
• Law of Property Act 1925 s.54 — “Nothing in the foregoing provisions of this Part of this Act shall affect the creation by parol of leases taking effect in possession for a term not exceeding three years (whether or not the lessee is given power to extend the term) at the best rent which can be reasonably obtained without taking a fine.” Source
• Consumer Rights Act 2015 s.62 — “An unfair term of a consumer contract is not binding on the consumer.” Source
• GOV.UK written information guide — “Both you and your tenant must agree to any changes to the terms of the tenancy agreement.” Source
• Renting Homes (Wales) Act 2016 s.125 — “The fundamental terms, supplementary terms and additional terms of a periodic standard contract may be varied (subject to section 127) by agreement between the landlord and the contract-holder.” Source
• Private Tenancies (Northern Ireland) Order 2006, article 4B — “The landlord under the tenancy must, within 28 days after the date on which the term of the tenancy is varied, give to the tenant a notice—” Source
• Housing Act 1988 Schedule 2, Ground 14 — “(a)has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality,” Source
• Housing Act 1988 Schedule 2, Ground 12 — “Any obligation of the tenancy (other than one related to the payment of rent) has been broken or not performed.” Source
• GOV.UK dealing with antisocial behaviour — “You could include terms in the tenancy agreement that prohibit antisocial behaviour and help tenants understand their responsibilities.” Source
• Shelter England utility bills guidance — “Some tenancy agreements limit how much energy and water is included in your rent.” Source
• Shelter England utility bills guidance — “This is called a fair usage clause.” Source
• Consumer Rights Act 2015 s.62 — “A term is unfair if, contrary to the requirement of good faith, it causes a significant imbalance in the parties' rights and obligations under the contract to the detriment of the consumer.” Source
• Tenant Fees Act 2019 Schedule 1 paragraph 9 — “A payment for or in connection with the provision of a utility is a permitted payment if the tenancy agreement requires the payment to be made.” Source
• Ofgem alternative homes energy guidance — “These rules do not apply if your energy costs are included in your rent or pitch fee.” Source
• Ofgem maximum resale price direction — “Subject to the provisions of paragraph 5 below, the maximum price at which each unit of gas or electricity may be resold shall be the same as that paid to the authorised supplier by the person reselling it.” Source