Updated: February 2026 • England Only • Based on UK Law
A landlord serves a Section 21 eviction notice. The tenant hasn’t missed a single rent payment. No complaints, no damage, no breach of any kind. Two months later, they’re out — and there’s nothing they can do about it.
That’s how “no-fault” evictions work under the current AST system. But on 1 May 2026, Section 21 is abolished. Every AST in England automatically converts to a periodic tenancy. Fixed terms become unenforceable. And landlords who haven’t prepared face months of delays, invalid notices and possession claims thrown out by the court.
This guide covers what an AST is, the legal requirements, tenant rights, eviction procedures, how ASTs compare to other tenancies, and exactly what changes on 1 May 2026 under the Renters’ Rights Act 2025.
What Is an Assured Shorthold Tenancy?
An Assured Shorthold Tenancy (AST) is the most common form of private residential tenancy in England, created under the Housing Act 1988. ASTs give tenants the right to occupy a property while allowing landlords to regain possession using statutory notice procedures.
This guide covers AST rules, Section 21 abolition, deposit protection, eviction grounds, and May 2026 Renters’ Rights Act changes, with a free checklist.
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An incorrectly drafted AST can prevent landlords from serving valid Section 21 notices, delay evictions by 6–12 months, and expose landlords to automatic deposit penalties of 1–3 times the deposit amount. Approximately 68% of private rental properties in England operate under AST agreements, making this the most legally significant tenancy type for both landlords and tenants.
Major Law Changes: Renters’ Rights Act 2025 (Effective 1 May 2026)
What Changes on 1 May 2026
Fixed-term tenancies become ineffective. From 1 May 2026, all fixed-term provisions in ASTs become unenforceable. Existing 6-month or 12-month ASTs automatically operate as periodic tenancies. New agreements signed after this date cannot include enforceable fixed terms. Tenancies signed before May 2026 convert automatically — no action required on the day.
Section 21 “no-fault” evictions abolished. Landlords can only regain possession using Section 8 grounds, which require specific reasons:
- Rent arrears (typically 2 months or more)
- Anti-social behaviour
- Property damage
- Breach of tenancy agreement
- Landlord wishes to sell or move into the property (new grounds being introduced)
Rent increase restrictions. Landlords can only increase rent once per year. All increases must follow the Section 13 formal notice procedure. Tenants can challenge increases at tribunal if they believe them unreasonable.
Additional Tenant Protections
- Rental bidding ban: landlords and agents cannot encourage or accept offers above asking rent
- Rent in advance limits: maximum one month’s rent in advance (some exceptions may apply)
- Pet requests: tenants can request to keep pets — landlords cannot unreasonably refuse
- Discrimination protections: strengthened protections for tenants with children or receiving benefits
What Stays the Same
- Deposit protection rules — still required within 30 days
- Right to Rent checks — still mandatory
- Gas safety certificates — still annual requirement
- Electrical safety certificates (EICR) — still every 5 years
- EPC requirements — still minimum E rating (expected to increase to C from 2030)
- Inventory and check-in/check-out procedures — unchanged
- Lodger agreements — completely exempt from the Act (where landlord lives in the property)
Which Properties Are Exempt?
- High-rent properties: annual rent exceeding £100,000 (exact thresholds to be confirmed in regulations)
- Low-rent properties: below regional thresholds (to be confirmed)
- Long leases: leases over 21 years, and existing leases of 7–21 years granted before 27 December 2025
- Company lets: where the tenant is a company rather than an individual
- Live-in landlords: lodger arrangements where the landlord resides in the property
Implementation Timeline
| Date | What Happens |
|---|---|
| 27 October 2025 | Renters’ Rights Act 2025 receives Royal Assent |
| 27 December 2025 | Local authority enforcement powers begin |
| 1 May 2026 | PHASE 1: Section 21 abolished, fixed terms become ineffective, all tenancies operate as periodic, rental bidding ban, rent in advance limits, pet request rights |
| Late 2026–2028 | PHASE 2: Private Rented Sector Database launches (landlord registration), Ombudsman scheme becomes mandatory |
| 2030+ | PHASE 3: Decent Homes Standard, Awaab’s Law (damp/mould requirements), EPC minimum rating increases to C |
What Documents Will You Need from May 2026?
New primary document: Assured Periodic Tenancy Agreement — replaces AST as the standard residential tenancy. No fixed term, rolling monthly or weekly basis, can only be ended using Section 8 grounds.
Updated supporting documents: Guarantor agreements should specify maximum liability periods (12 or 24 months) as periodic tenancies have no fixed end date. Section 8 notices need updated grounds and procedures (Section 21 notices become obsolete).
Unchanged: Inventory and Schedule of Condition, Tenant Reference Forms (Right to Rent continues).
What Landlords Should Do Now
Before 1 May 2026:
- Review your current ASTs — check expiry dates and understand they will convert to periodic tenancies automatically
- Obtain updated tenancy agreements — have Assured Periodic Tenancy agreements ready for new lettings from May 2026
- Review guarantor agreements — check they adequately cover periodic tenancies and consider maximum liability periods
- Familiarise yourself with Section 8 grounds — understand the legitimate reasons for eviction and notice periods for each ground
- Stop using Section 21 notices after 1 May 2026
You do not need to terminate existing tenancies early, force tenants to sign new agreements (conversion is automatic), or make any changes to ongoing maintenance or safety obligations.
What Is an Assured Shorthold Tenancy in the UK?
An AST is a private residential tenancy created under the Housing Act 1988 where the tenant has exclusive possession of the property, pays rent, and the landlord retains the right to regain possession using Section 21 or Section 8 statutory procedures.
ASTs became the default tenancy type in England on 28 February 1997. Any residential tenancy created after this date is automatically an AST unless it falls within specific exclusions — resident landlord situations, social housing, or tenancies with annual rent exceeding £100,000.
What Is an AST Agreement?
The AST agreement is the written contract between landlord and tenant setting out rent amount, payment dates, deposit amount, property address, tenancy length, obligations on both sides and termination provisions.
While oral ASTs are technically valid, written agreements are essential for evidential purposes and required to serve valid Section 21 eviction notices. Since 1 October 2015, landlords must provide a written statement of the main tenancy terms on or before the start date.
Use our professionally drafted Assured Shorthold Tenancy Agreement Template to ensure full compliance with current requirements.
What Are the Requirements for an Assured Shorthold Tenancy?
An AST must meet five requirements: the tenant must be an individual (not a company), the tenant must occupy the property as their only or principal home, the tenancy must be of a separate dwelling, the landlord must not be resident, and the annual rent must not exceed £100,000.
Additionally, landlords must meet these mandatory pre-requisites before they can serve Section 21 eviction notices:
- Deposit protection: deposit protected in a government-approved scheme within 30 days, with prescribed information provided to the tenant
- Gas safety certificate: valid certificate provided before or on the tenancy start date
- Energy Performance Certificate (EPC): rating E or above, provided before the tenant views the property
- Electrical Installation Condition Report (EICR): valid within 5 years, provided to the tenant
- “How to Rent” guide: latest government version provided to the tenant
- Landlord contact details: name and address provided under Landlord and Tenant Act 1987 s.47–48
Failure to meet any of these prevents landlords from serving valid Section 21 notices until compliance is achieved. This can delay evictions by 6–12 months and trigger automatic financial penalties.
Is There a Minimum Term for an AST?
No — there is no minimum term required by law. ASTs can be created for any length, including periodic tenancies with no fixed end date. However, Section 21 notices cannot be served during the first 4 months, creating an effective minimum security period of 4 months for tenants.
Most ASTs are created as fixed-term tenancies (commonly 6 or 12 months) which convert to periodic tenancies when the fixed term expires, unless either party serves notice or agrees a new fixed term.
How Long Can an Assured Shorthold Tenancy Last?
Any period agreed between landlord and tenant — there is no maximum duration. ASTs commonly run as 6-month or 12-month fixed terms, followed by periodic (rolling month-to-month) tenancies that continue indefinitely until either party serves notice.
What Happens When the Fixed Term Expires?
When the fixed term expires without either party serving notice, the tenancy automatically converts to a statutory periodic tenancy with the same terms — minus the fixed end date. Periodic tenancies continue indefinitely until terminated by:
- Tenant notice: minimum 1 month’s notice (or one rental period if longer, up to maximum 3 months) ending on last day of a period
- Landlord Section 21 notice: minimum 2 months’ notice, cannot be served in first 4 months, must end on last day of a period
- Landlord Section 8 notice: notice period depends on grounds cited (2 weeks to 2 months)
- Mutual agreement: both parties agree to end the tenancy early
- Break clause: if included in the agreement (minimum 6-month initial term required)
What Are the Tenant’s Rights in an AST?
AST tenants have extensive statutory protections — and landlords who breach them face financial penalties, inability to evict, and potential criminal prosecution.
- Exclusive possession: right to exclude the landlord and others from the property (landlord can only enter with permission or in emergencies)
- Quiet enjoyment: right to live undisturbed without harassment from the landlord
- Repairs: landlord must maintain structure, exterior, heating, water, sanitation (Landlord and Tenant Act 1985 s.11)
- Fit for habitation: property must be free from serious hazards (Homes (Fitness for Human Habitation) Act 2018)
- Deposit protection: deposit must be protected in a government scheme within 30 days
- Proper notice: landlord must follow Section 21 or Section 8 procedures for eviction
- Challenge rent increases: right to apply to tribunal if a Section 13 rent increase is excessive
- Protection from eviction: landlord cannot evict without court order — illegal eviction is a criminal offence
- No prohibited fees: landlord cannot charge fees beyond rent, deposit (max 5 weeks’ rent) and holding deposit (max 1 week’s rent) under the Tenant Fees Act 2019
Tenants also have the right to request their landlord’s name and address (required under s.1 Landlord and Tenant Act 1985), request copies of safety certificates, and make complaints to local authority housing enforcement if the property is unsafe or in disrepair.
How Does an AST Differ from Other Tenancies?
The key distinction is the landlord’s ability to use Section 21 “no-fault” eviction notices — which is abolished from 1 May 2026.
AST vs Assured Tenancy — What’s the Difference?
Assured Tenancies (created before 28 February 1997 or by explicit agreement) provide greater tenant security because landlords can only evict using Section 8 grounds. ASTs allow Section 21 “no-fault” evictions with just 2 months’ notice.
| Feature | Assured Shorthold Tenancy (AST) | Assured Tenancy |
|---|---|---|
| Created | Automatic default since 28 Feb 1997 | Before 28 Feb 1997 or by explicit exclusion of AST |
| Security of tenure | Limited — landlord can use Section 21 | High — landlord can only use Section 8 |
| Eviction | Section 21 (no-fault) or Section 8 (grounds) | Section 8 only (must prove grounds) |
| Deposit protection | Mandatory (within 30 days) | Not mandatory (but recommended) |
| Tenant Fees Act | Applies (no prohibited fees) | Does not apply |
Is an AST the Same as a Lease?
No. An AST is a specific type of tenancy agreement governed by the Housing Act 1988. “Lease” is a general term for any agreement granting exclusive possession of property for a fixed period in exchange for rent. Leases can be residential or commercial, short or long-term (99-year leases, etc.). In everyday language, “tenancy agreement” and “lease” are often used interchangeably for residential lettings, but legally they have distinct meanings.
How Does an AST Differ from a Lodger Agreement?
ASTs grant exclusive possession of a separate dwelling where the landlord does not reside. Lodger agreements involve the landlord living in the same property and sharing facilities with the occupier.
- AST: tenant has exclusive possession, landlord does not live in property, tenant has statutory eviction protections, deposit protection mandatory
- Lodger: occupier does not have exclusive possession, landlord lives in property, occupier can be evicted with “reasonable notice” (no court order required), deposit protection not mandatory
Lodgers have significantly fewer legal protections than AST tenants. Use our Lodger Agreement Template for resident landlord situations.
How to Evict an Assured Shorthold Tenant
The eviction process follows strict legal procedures. Any deviation — a wrong form, a missing certificate, a notice served one day too early — can invalidate the entire process and delay eviction by months.
Section 21 Eviction — Step by Step
Step 1: Verify eligibility. Tenancy has lasted at least 4 months. All pre-requisite documents provided (deposit protection, gas certificate, EPC, EICR, How to Rent guide). Deposit protected and prescribed information served within 30 days. No retaliatory eviction restrictions apply.
Step 2: Serve Section 21 notice (Form 6A). Give minimum 2 months’ notice. Notice must end on last day of tenancy period. Use the correct Form 6A template. Serve by hand, first-class post, or email (if tenant has agreed to email service).
Step 3: Wait for notice period to expire. Tenant may leave voluntarily during the notice period. If tenant remains, proceed to court.
Step 4: Apply for possession order. Use accelerated possession procedure (no court hearing if undefended). Court reviews paperwork and issues possession order if everything is correct. Typical timeline: 6–8 weeks from application.
Step 5: Apply for bailiff warrant (if needed). If tenant still refuses to leave after possession order granted, a county court bailiff enforces eviction — the only legal method of physical eviction. Additional 4–6 weeks for bailiff appointment.
Use our Section 21 Notice (Form 6A) Template to ensure compliant eviction notices.
Section 8 Eviction — Grounds-Based
Section 8 notices require specific grounds for eviction:
- Ground 8: at least 2 months’ rent arrears (mandatory ground — court must grant possession)
- Ground 10/11: some rent arrears (discretionary grounds)
- Ground 12: breach of tenancy agreement
- Ground 13: property condition deteriorated due to tenant neglect
- Ground 14: nuisance or antisocial behaviour
- Ground 15: damage to furniture
Notice periods vary: 2 weeks (Grounds 8, 10, 11, 12, 15), 2 months (most other grounds). Section 8 requires a court hearing where landlords must prove their grounds. Use our Section 8 Notice Template for grounds-based evictions.
Illegal Eviction — Don’t Even Think About It
Landlords cannot change locks, remove tenant’s belongings, cut off utilities, harass tenants to force them to leave, or physically evict without a court order and bailiff.
Illegal eviction is a criminal offence under the Protection from Eviction Act 1977, punishable by up to 2 years’ imprisonment. Tenants can also claim unlimited damages.
Can You Succeed to an Assured Shorthold Tenancy?
No. ASTs do not have succession rights. When an AST tenant dies, the tenancy does not automatically pass to family members — it becomes part of the deceased’s estate. The executor must either surrender the tenancy or continue paying rent until it’s properly ended.
If multiple people are named as joint tenants, the tenancy continues for the surviving tenant(s) under joint and several liability.
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All Documents Affected by May 2026 Law Changes
| Template | What Happens May 2026 |
|---|---|
| Section 21 Notice | Becomes obsolete — use until 30 April 2026 only |
| Assured Shorthold Tenancy Agreement | Becomes Assured Periodic Tenancy Agreement — no fixed terms, updated clauses |
| Section 8 Notice | Only eviction route — new grounds, revised notice periods |
| Guarantor Agreement | Updated for periodic tenancies with no end date |
| Rent Increase Notice | Section 13 mandatory, once per year limit, 2 months’ notice |
| Pet Addendum | Updated for tenant right to request pets |
Guides Covering May 2026 Changes
- Section 21 Notice Guide UK — use Section 21 before it’s abolished on 1 May 2026
- Section 8 Notice Guide UK — the only eviction route from May 2026
- Residential Landlord Documents Guide UK — complete overview of all changes
- Assured Shorthold Tenancy Guide UK — what happens to ASTs on 1 May 2026
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Last updated: February 2026
Disclaimer: This guide provides general information about Assured Shorthold Tenancies in England, not legal advice. Laws are current as of February 2026. The Renters’ Rights Act 2025 comes into force on 1 May 2026. Always verify current requirements with official sources.
Official Sources & Further Reading
- GOV.UK: Private Renting
- Renters’ Rights Act 2025: Implementation Roadmap
- Shelter: Assured Shorthold Tenancies
- National Residential Landlords Association (NRLA)
Frequently Asked Questions
What is an assured shorthold tenancy?
The most common private residential tenancy in England, created under the Housing Act 1988. ASTs give tenants the right to occupy a property while allowing landlords to regain possession using statutory notice procedures (Section 21 or Section 8). All private tenancies created after 28 February 1997 are automatically ASTs unless they fall within specific exclusions. From 1 May 2026, new tenancies will be Assured Periodic Tenancies under the Renters’ Rights Act 2025.
What are the requirements for an assured shorthold tenancy?
The tenant must be an individual occupying the property as their only or principal home, the tenancy must be of a separate dwelling, the landlord must not be resident, and the annual rent must not exceed £100,000. Landlords must also provide deposit protection, gas safety certificates, EPC, EICR, and the How to Rent guide.
How long can an assured shorthold tenancy last?
Any period agreed between landlord and tenant — there is no maximum duration. Common terms are 6 or 12 months fixed, followed by periodic tenancies that continue indefinitely until either party serves notice. Fixed-term provisions become ineffective from 1 May 2026.
Is an AST the same as a lease?
No. An AST is a specific type of residential tenancy agreement governed by the Housing Act 1988. “Lease” is a general term for any agreement granting exclusive possession of property.
What are the tenant’s rights in an AST?
Exclusive possession, repairs and maintenance, deposit protection, proper eviction notice, the right to challenge rent increases, safe housing, and protection from illegal eviction and harassment. Landlords cannot charge prohibited fees under the Tenant Fees Act 2019.
How does an AST differ from other tenancies?
ASTs allow Section 21 “no-fault” evictions, require mandatory deposit protection, and prohibit certain fees. They provide less security than Assured Tenancies but more protection than lodger agreements. Section 21 evictions are abolished from 1 May 2026.
How to evict an assured shorthold tenant?
Using Section 21 notices (2 months’ notice, no reason required) or Section 8 notices (grounds-based, notice periods vary). Both require court proceedings if the tenant doesn’t leave voluntarily. All mandatory documents must have been provided and the deposit protected. Illegal eviction without court order is a criminal offence. Section 21 evictions end on 1 May 2026.
Can you succeed to an assured shorthold tenancy?
No. ASTs do not have succession rights. When an AST tenant dies, the tenancy becomes part of the deceased’s estate — it does not pass to family members automatically.
What is the minimum term required by law for an AST?
There is no legal minimum term. However, Section 21 notices cannot be served during the first 4 months, creating an effective minimum security period. Most ASTs are 6 or 12-month fixed terms that convert to periodic tenancies when they expire. Fixed-term provisions become ineffective from 1 May 2026.
What happens to ASTs on 1 May 2026?
All existing ASTs automatically convert to periodic tenancies under the Renters’ Rights Act 2025. Fixed-term provisions become ineffective, Section 21 evictions are abolished, and landlords can only use Section 8 grounds to regain possession. No new agreements need to be signed — the conversion happens automatically by law.
What documents do landlords need from May 2026?
Assured Periodic Tenancy agreements for new lettings. Section 21 notices become obsolete. Section 8 notices need to reflect updated grounds and procedures. Guarantor agreements should be reviewed to clarify liability under periodic tenancies. Deposit protection, safety certificates, and other compliance requirements remain unchanged.
