The New Assured Periodic Tenancy: What Replaces the AST from 1 May 2026
Every assured shorthold tenancy in England is about to become something else. Not a new tenancy. Not a renewal. The same tenancy, with its fixed term stripped out by statute and its Section 21 exit permanently closed.
From 1 May 2026, the only type of private assured tenancy is the assured periodic tenancy, created by Section 1 of the Renters’ Rights Act 2025. If you’re a landlord with an existing AST, your tenancy converts automatically on that date.
You don’t need to do anything to make it happen. But you do need to understand what’s changed, what hasn’t, and what you’re required to serve by 31 May.
Quick Takeaways
- From 1 May 2026, every private assured tenancy in England is an assured periodic tenancy under new Section 4A of the Housing Act 1988
- Existing ASTs convert automatically with no new agreement and no deposit re-protection
- Fixed-term clauses, rent review clauses, and blanket pet bans are void from 1 May
- Tenants can leave on 2 months’ notice from day one; landlords need Section 8 grounds to end a tenancy
- Landlords must serve the MHCLG Information Sheet by 31 May 2026 or face a penalty of up to £7,000
What is an assured periodic tenancy?
A rolling tenancy with no fixed term and no end date, where the tenancy period matches the rent period (monthly or shorter). It’s the only type of private assured tenancy from 1 May 2026. New Section 4A of the Housing Act 1988 creates it.
“Periodic” means the tenancy runs continuously from one rent period to the next. No end date, no renewal needed. The rent period can’t exceed one calendar month (or 28 days for sub-monthly periods). If your existing tenancy has a quarterly or annual rent period, it’s automatically reconstructed to monthly under a statutory formula.
“Assured” hasn’t changed. The tenant must be an individual occupying the property as their only or principal home, and the tenancy can’t fall within any of the Schedule 1 exclusions (company lets, holiday lets, high-rent tenancies, and so on).
The old statutory periodic tenancy that used to arise after a fixed-term AST expired is a different animal. That one started when the fixed term ended. The new APT starts from day one. There’s no fixed term to flow out of, because fixed terms don’t exist any more.
How does an assured periodic tenancy differ from an AST?
No fixed term, no Section 21, no rent review clauses, and tenants can leave on two months’ notice from day one. The written agreement still exists and most of its terms still apply. The structural changes are targeted, not total.
Feature | AST (pre-1 May) | APT (from 1 May) |
Fixed term | Typically 6 or 12 months | Void — periodic from day one |
Section 21 | Available | Abolished |
Rent review clauses | Valid | Void — Form 4A only |
Rent increases | Contractual or Section 13 | Section 13 only, once per year, 2 months’ notice |
Tenant notice to quit | 1 month (in periodic phase) | 2 months from day one |
Landlord termination | Section 21 or Section 8 | Section 8 grounds only |
Rent in advance | Multi-month lawful | One month max (new tenancies) |
Pets | Landlord discretion | Cannot unreasonably refuse |
Deposit protection | Required | Required (unchanged) |
Gas safety / EICR / EPC | Required | Required (unchanged) |
The things that haven’t changed matter too. Deposit protection rules are the same. The five-week deposit cap under the Tenant Fees Act 2019 is the same. Gas Safety Certificates, EICRs, EPCs, smoke and CO alarms — all unchanged. The written agreement remains a binding contract with enforceable obligations on both sides.
How do existing ASTs convert on 1 May 2026?
Automatically, by operation of law. Section 146 of the Act treats every existing assured tenancy as one continuous tenancy. No new agreement needed. No deposit re-protection. The tenancy carries on — it just loses its fixed term and its Section 21 exit.
The MHCLG guidance is explicit: the legislation doesn’t require landlords to change or re-issue any existing written tenancy agreement. The statute overrides the void clauses directly. The rest of the agreement survives.
What’s void from 1 May
Fixed-term clauses are void under Section 4A(1)(a). Rent review clauses are void under new Section 13(4A) of the Housing Act 1988 — for the full detail on how rent increases work now, see our Section 13 and Form 4A guide. Break clauses are redundant (tenants can serve two months’ notice any time). Blanket no-pets bans are overridden by the implied term under Section 16A.
One clause worth watching: rent-in-advance provisions. For existing tenancies, these are saved under Section 4B(2)(a). But if you sign a new agreement with the same tenant after 1 May, the tenancy loses its “existing tenancy” status and forfeits that protection. Don’t re-paper existing agreements.
What stays valid
Rent amount, property description, tenant repair and use obligations, deposit terms, utilities allocation, inventory schedules, council tax liability clauses. These all continue.
Do landlords need to serve the Information Sheet?
Yes. Every landlord with a written or partly-written tenancy must serve the MHCLG Information Sheet 2026 by 31 May 2026. Failure carries a civil penalty of up to £7,000.
Schedule 6 paragraph 7 of the Act makes this a statutory obligation, not a recommendation. The starting penalty is £4,000, and a continuing breach beyond 28 days escalates to £40,000. Managing agents are independently liable under paragraph 7(3).
How to serve it correctly
The sheet must be delivered as a printed hard copy or as a PDF attachment (email or text). A link to the PDF is not valid. GOV.UK is explicit on this point: you must not email or text a link to the tenant. The sheet is only valid when downloaded from the GOV.UK page.
Every named tenant on the agreement must receive their own copy. You can’t rely on one tenant passing it to the others.
Wholly oral tenancies
If the tenancy is based entirely on a verbal agreement, the Information Sheet doesn’t apply. Instead, the landlord must provide a Written Statement of Terms by 31 May 2026 under new Section 16D of the Housing Act 1988. Same penalty structure: £4,000 starting point, £7,000 maximum.
Can a tenant leave at any time?
Yes, on two months’ written notice from day one. No minimum residency requirement. The landlord and tenant can agree a shorter notice period in writing, but only if all joint tenants consent.
Section 20 of the Act amends Section 5 of the Protection from Eviction Act 1977. There’s no prescribed government form for the tenant’s notice — any written format works (letter, email, text), provided it states that it’s a notice to end the tenancy and specifies the end date. The notice must expire at the end of a rent period.
This is a significant shift from fixed-term ASTs, where tenants were locked in for the term. A tenant who moves in on 1 June 2026 can serve notice the same day. The tenancy would end no earlier than 31 July.
For landlords, the practical consequence is a structural void-risk buffer on every tenancy. Two months is the minimum notice, but by the time the notice aligns to a rent-period end, the effective window is typically two to three months.
Which tenancies are excluded from the new regime?
Purpose-built student accommodation under the ANUK/Unipol code, company lets, long leases over 21 years, high-rent tenancies above £100,000 a year, agricultural holdings, holiday lets, and resident-landlord lodgings. Social housing conversion is deferred to October 2027.
Exclusion | Statutory basis |
PBSA (ANUK/Unipol code, 15+ beds) | s.32 RRA, Sch.1 para 8 HA 1988 |
Company lets | Sch.1 para 1 HA 1988 (unchanged) |
Long leases over 21 years | s.31 RRA, new Sch.1 para 3D |
High-rent over £100k p.a. | Sch.1 para 2 HA 1988 (unchanged) |
Agricultural holdings | Sch.1 para 6 HA 1988 (unchanged) |
Holiday lets | Sch.1 para 9 HA 1988 (unchanged) |
Resident landlord lodgings | Sch.1 para 10 HA 1988 (unchanged) |
Social housing (PRPs) | Deferred to October 2027 |
Private student HMOs stay inside the regime. They benefit from the new Ground 4A (mandatory possession for academic-year lets with a four-month notice window expiring between 1 June and 30 September), but they’re subject to all other APT rules.
What are the most common misconceptions about the new regime?
That fixed terms still run, that landlords need new agreements, and that tenants can walk out without notice. None of these are true.
Myth | Reality |
“My fixed term still runs until its end date” | Void from 1 May. Enforcing it carries a penalty of up to £7,000 |
“I need to sign a new agreement” | No. Existing agreement continues minus void clauses. Serve the Information Sheet instead |
“The tenant can leave immediately” | 2 months’ written notice required, from day one |
“There’s no contract any more” | The written agreement survives. Only the void clauses are stripped |
“Rent review clauses still work after 1 May” | Void. Only Form 4A under Section 13 |
“The Information Sheet is optional” | Mandatory by 31 May 2026. Up to £7,000 penalty |
“Emailing a link to the Sheet counts” | Invalid. Must be printed or attached as a PDF |
The shift from AST to APT changes the tenancy’s structure, not its substance. The written agreement survives. The deposit stays protected. Your repair obligations don’t change. What changes is how the tenancy starts (periodic from day one), how it ends (proven grounds only), and how rent moves (Form 4A only).
For most landlords, the immediate action is straightforward: download the Information Sheet, serve it on every tenant by 31 May, and stop relying on any clause the Act has voided.
If you need advice on how the transition affects your property’s valuation or lettability, contact our team.