Skip to content

Residential Lease Agreement in the UK

England changed on 1 May 2026. The Renters' Rights Act 2025 abolished assured shorthold and fixed-term assured tenancies, so a private residential letting in England is now a periodic assured tenancy with a rent period of a month or shorter, and existing tenancies converted automatically. Scotland, Wales and Northern Ireland were untouched by that reform.

Governing law

In England the Housing Act 1988 as amended by the Renters' Rights Act 2025 governs private residential tenancies. Wales uses occupation contracts under the Renting Homes (Wales) Act 2016 and Scotland uses the private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016.

Renters' Rights Act 2025, s.1 (inserting s.4A into the Housing Act 1988)

What a residential lease agreement has to contain in the UK

  • Terms of an assured tenancy in England are of no effect so far as they provide for a fixed term tenancy, and rent period terms are of no effect unless each rent period is 28 days or shorter or monthly. Where an invalid rent period is provided, successive monthly rent periods apply.

    Renters' Rights Act 2025, s.1 (new Housing Act 1988, s.4A)

  • Chapter 1 of Part 1 of the Renters' Rights Act 2025, abolishing assured shorthold and fixed-term assured tenancies, came into force on 1 May 2026 for private assured tenancies, with savings for legacy assured tenancies entered into before that date.

    Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026 (S.I. 2026/421), reg. 2

  • A tenancy deposit in England is capped at five weeks' rent where the annual rent is less than 50,000 pounds and six weeks' rent where the annual rent is 50,000 pounds or more, and any excess is a prohibited payment. A holding deposit is capped at one week's rent.

    Tenant Fees Act 2019, Schedule 1, paras 2 and 3

  • Any tenancy deposit paid in connection with an assured tenancy must be dealt with under an authorised scheme from the time it is received, with the scheme's initial requirements met and the prescribed information given to the tenant within 30 days of receipt.

    Housing Act 2004, s.213

  • In leases of a dwelling for a term of less than seven years the landlord must keep in repair the structure and exterior including drains, gutters and external pipes, and keep in repair and proper working order the installations for water, gas, electricity, sanitation, space heating and hot water. The obligation cannot be excluded.

    Landlord and Tenant Act 1985, s.11

  • In England a lease of a dwelling carries an implied covenant that it is fit for human habitation at the grant and remains so during the term, and any term excluding it is void. It was inserted by the Homes (Fitness for Human Habitation) Act 2018 from 20 March 2019 and applies to England only.

    Landlord and Tenant Act 1985, s.9A

Form, notarisation and registration

  • In Wales 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, and may not charge a fee for it.

    Renting Homes (Wales) Act 2016, s.31

What catches drafters out

  • Offering a twelve month fixed term in England. Since 1 May 2026 the term is of no effect so far as it makes the assured tenancy a fixed term tenancy, so the document says one thing and the tenancy operates as another.

    Renters' Rights Act 2025, s.1 (new Housing Act 1988, s.4A)

  • Using a single UK-wide tenancy agreement. A Scottish private residential tenancy may not be brought to an end by the landlord, the tenant, or by agreement between them except in accordance with Part 5 of the 2016 Act.

    Private Housing (Tenancies) (Scotland) Act 2016, s.44

  • Assuming the fitness for human habitation covenant applies UK-wide. Section 9A of the Landlord and Tenant Act 1985 applies to leases of dwellings in England only.

    Landlord and Tenant Act 1985, s.9A

Residential Lease Agreement in the UK: common questions

Can a landlord in England still grant a fixed-term tenancy?
Not as an assured tenancy. Section 1 of the Renters' Rights Act 2025 inserted section 4A into the Housing Act 1988, under which terms of an assured tenancy are of no effect so far as they provide for the tenancy to be a fixed term tenancy, and each rent period must be 28 days or shorter or a monthly period. Chapter 1 of Part 1 of the Act was commenced for private assured tenancies on 1 May 2026 by the Renters' Rights Act 2025 (Commencement No. 2 and Transitional and Saving Provisions) Regulations 2026.
How much deposit can a landlord take in England?
Schedule 1 to the Tenant Fees Act 2019 caps a tenancy deposit at five weeks' rent where the annual rent is less than 50,000 pounds and six weeks' rent where it is 50,000 pounds or more, with any excess a prohibited payment, and caps a holding deposit at one week's rent. Section 213 of the Housing Act 2004 then requires the deposit to be dealt with under an authorised scheme, with the initial requirements met and the prescribed information given within 30 days of receipt.
Does one tenancy agreement work across the UK?
No. England now uses periodic assured tenancies under the Housing Act 1988 as amended by the Renters' Rights Act 2025. Wales uses occupation contracts under the Renting Homes (Wales) Act 2016, where section 31 requires a written statement of the contract within 14 days of the occupation date. Scotland uses the private residential tenancy under the Private Housing (Tenancies) (Scotland) Act 2016, which under section 44 can only be brought to an end in accordance with Part 5 of that Act.

Sources

Every statement on this page is drawn from one of these. All were fetched on .

The same document elsewhere

Other UK documents

Residential Lease Agreement: the jurisdiction-neutral guideBack to Document Library